Posts about MPD
Public Safety
Young kids try to assault me while biking
While I was riding Capital Bikeshare home through Capitol Hill last night, a 12-year-old girl and a group of other kids tried to assault me.
I'm totally fine. The police caught the girl, and her mother promised to take action. Will this experience get the girl to shape up before she gets a criminal record that could impair her future?
I was taking the Green Line home from work. We arrived at the Anacostia station, and the train doors were held open for over ten minutes. I decided to leave the station and find another way home.
I hopped on a Capital Bikeshare bike at the station and headed north, across the 11th Street bridge. When I got to the corner of 11th Street and Pennsylvania Avenue SE, I had to wait for a red light. Four kids were standing on the corner, next to the fence that has been put up around the charred remains of Frager's Hardware Store. There were three girls and one boy, all around the same age (12 or so).
One of the girls approached me and asked for five dollars. I told her I didn't have any cash on me. She looked at the bike and said, "You need money to pay for that, right?"
I told her, "Yes, I use a credit card."
She said, "Credit cards have money on them, give me some!"
The light turned green at that point, and I said, "Sorry, no, I have to go."
As I started across Pennsylvania Avenue, she lunged at me, pushed on my backpack, and yelled, "Give me money! Give me money!" a couple times, while the other kids laughed. The events of Tuesday on the Metropolitan Branch Trail (MBT) came to mind, and I turned around to make sure the other kids weren't coming after me. I scolded them and asked if they heard about the MBT assault.
The boy in the group started yelling, "Fuck you! Fuck you! Get the fuck out of my neighborhood!" At this point, I realized I could hurry up and bike away, but I wasn't in the mood to let these kids think they could get away with threatening someone on a bicycle, so I yelled out, "These kids are trying to assault me."
I moved my bicycle to the southwest corner of the intersection (in front of the dry cleaners) and called 911.
Kids in the city have it out for cyclists. Just tried to assault me at 11th & Pennsylvania SE. Called 911. No more tolerance. This ends now.
— say 'Eye Em Gōph' (@IMGoph) June 13, 2013
A gentleman came out of the dry cleaners and told me that the kids had been causing problems in the past, throwing rocks at the store's windows.
Two officers arrived after about 3 or 4 minutes. I told them what happened, and in which direction the kids went after our encounter. A quick check on the radio and the first officer was able to confirm that a third officer had some kids a block down the street. The second officer went to bring them back.
While she was gone, I spoke with the first officer. She told me that kids in the area were apt to do things like this, and that the children doing this get younger every year. The second officer returned a couple minutes later with a woman in her cruiser. This turned out to be the mother of the girl who had shoved me. The first officer insisted that the young girl be brought back as well, so a couple more awkward minutes passed while the first officer, the girl's mother, and I stood around waiting for the other officer to bring back the girl.
When they returned, the first officer asked the girl to state what had happened. She basically gave the full story, but claimed that she had just touched the bike, and not pushed me. The officers wanted her to apologize to me, which she did, but clearly not in a sincere manner.
The police told the girl she could be charged with both aggravated panhandling and simple assault. The girl's mother quietly told her not to be stupid and to apologize.
The officers stepped aside for a moment, leaving me with the girl and her mother. We stood there awkwardly as a light rain began to fall. The officers then called me over to where they were discussing things, and asked if I wanted to press charges. They were willing to lock the girl up, and told me that there would be a few hours of paperwork, but it was up to me how to proceed.
I told the officers I wanted the girl to learn a lesson, but I wanted to do what they thought was best. They called her over, and had her stand right in front of me. The officers told the girl that I had the power to ruin her life then and there, to give her a criminal record. They told me to tell her what I thought about the whole situation.
I told the girl that I thought what she did was stupid, and there was no reason for her to have done anything more than say hello to me on the street.
I'm okay. But these kids are going to learn a lesson. MPD is here.— say 'Eye Em Gōph' (@IMGoph) June 13, 2013
The officers jumped in and told her to look me in the eye, stand up straight, stop mumbling, and pay attention. The girl's mother, standing nearby, implored her daughter to listen. The police asked her if she had goals, wanted to go to college, and wanted to get away from the bad influences around her. They reminded her that her attitude and actions were going to damn her to a life of dead-ends.
Finally, I told the girl my name, and offered my hand to shake. She did, and apologized again (personally, it still didn't feel 100% sincere, but I remember how much of a sullen brat I could be at 12 years old myself).
Her mother said she'd be going home and would be on a short leash. I obviously don't know what happened once they got home, but I hope we got some sort of message into the girl's head.
As I got back on the Bikeshare bike to head towards home (yeah, I racked up some fees for having the bike out more than 30 minutes!), I thanked the officers and they apologized for my ruined evening. I told them it was absolutely not their place to apologize, and thanked them for doing a great job.
The officers remarked that, while the girl avoided a criminal record, they had her name and would put her on a "juvenile watch list." If she gets caught causing trouble again, there will be no mercy.
Bicycling
A driver ran a red light, hit me, and fled
On Wednesday, a driver on Massachusetts Avenue hit me while making an illegal and dangerous turn onto 9th Street NW. I was bicycling east on Massachusetts Avenue, waiting to cross 9th Street on the south side crosswalk. The driver fled the scene.
I travel this area frequently, and know this is a dangerous intersection because it includes a right red arrow to allow pedestrians to cross 9th Street safely even while other through lanes get a green light. Many drivers nevertheless illegally turn right when the light turns green for people continuing straight.
I have asked the District Department of Transportation (DDOT) and Metropolitan Police Department (MPD) on multiple occasions to add enforcement here, but have never witnessed any.
I have seen this behavior numerous times before at this spot, so I am ready for it. However, this time the first car, a black Chevy Suburban waiting to turn right, remained stopped. But the driver second in line could not stand for this, changed lanes to the left, then drove around the Suburban to make the right turn.
I saw this coming from the corner of my field of vision, but it was too late. The driver cut in front of me, clipping my front tire with the rear corner of his car. It was a grazing blow, but enough to knock me off the bike.
The driver left the scene, never bothering to stop. Fortunately, my spill was fairly minor and I was able to continue to Union Station with little injury. However, if I had been a few seconds faster, I would have been more squarely in his path and would likely be in the hospital.
Without enforcement, lawlessness runs rampant
There was no police officer to witness the incident. Police can't be be everywhere and catch everything. However, I've also seen MPD simply ignore dangerous infractions by drivers, cyclists, and pedestrians occurring directly in front of them.
Last weekend, while riding in the 15th Street cycletrack, a driver illegally turned left against the protected left turn signal at 15th and U Street NW, right behind my wife and me. By coincidence, a MPD patrol unit was directly behind this illegally turning driver but did nothing.
On the same trip, my wife and I witnessed two illegal U-turns on Pennsylvania Avenue right in front of police cars and officers stationed along the street for the marathon. At the time, there were lots of pedestrians and cyclists around but they refused to enforce against illegal driving right in front of them.
This is even more frustrating because this episode occurred during the regional Street Smart campaign, an annual campaign to raise safety awareness and increase enforcement. Mayor Vincent Gray stood with MPD Chief Cathy Lanier to announce DC's part of the program a week ago, alongside advocacy groups such as WABA. The Pennsylvania Avenue cycle track was supposed to be an area targeted for enforcement during this campaign.
Drivers are not the only problem. Cyclists and pedestrians also contribute when they ride down one-way bike lanes in the wrong direction, run out in front of cyclists and drivers without bothering to look, and more.
The roads, bike lanes, and sidewalks all function as a transportation system and users interact with this system according to a set of laws. When these laws go unenforced for long periods of time it creates a broken system of lawlessness.
Mayor Vincent Gray has called for a 25% mode share for walking and cycling by 2032. To reach this goal, sustained and consistent traffic enforcement will become pivotal. The city doesn't need any more public safety campaigns, advertisements, lip service, and promises. We need results.
Bicycling
Who's blocking L Street today, and what can we do?
Who's blocking the L Street bike lane today? A delivery driver, most likely. That's the conclusion I've reached after 4 months of chronicling obstructions in the city's newest bike lane.
I started the blog, "Who's Blocking the L St. Bike Lane Today?" on a whim after the lane (technically a cycle track) opened. Since then, readers have submitted a steady stream of pictures showing vehicles blocking the lane, on top of the pictures I've taken myself.
While I do use the lane frequently (and thus have a personal stake in it being unobstructed), I don't view this as an exercise in vigilantism. My goal is to highlight larger trends, not to shame or mock individual drivers.
While swerving around a parked car into moving traffic on a bike can be dangerous, I realize there are many greater evils in the world and on the road, and am weary of perpetuating the perception of, broadly, the hysterically entitled cyclist by fixating on what is a ultimately a minor inconvenience in most instances. That said, the L Street bike lane is supposed to facilitate bicycling, not parking, and blocking the lane is, at least nominally, illegal. When the lane is blocked, it doesn't serve its purpose.
Who IS blocking the L Street bike lane today?
Overall, very few people actually "park" in the L St. bike lane. The majority of vehicles blocking the lane are delivery trucks supplying the many offices and stores that line the stretch. Looking just at the 156 photos on the site to date, 60% have been of delivery vehicles, while 30% are personal vehicles, and 10% belong to police.

Based on my observations, the median length of time for vehicles blocking the lane is 1-3 minutes. That's long enough to run in to a building, drop something off, and return. However, it's not uncommon for a delivery driver to treat the lane as a loading dock for loading and unloading large shipments, a process which generally takes 10-20 minutes.
Obviously, this is not a comprehensive sample. Because I took many of the pictures, they tend to over-represent weekday, daytime activity, and concentrate on the 1700 block of L. Still, they should provide some insight into the patterns of usage that have developed so far along the lane, as well as a starting point for potential solutions.
What can we do?
Deliveries, and delivery vehicles, are an increasing necessity in today's economy, and accommodating their activity will be an ongoing challenge as cities continue to densify and pursue more multi-modal streetscapes. This is especially true in central business districts like the Golden Triangle, where businesses and office workers (myself included) rely on quick and affordable deliveries engendered by the online economy.
While it may be tempting to vilify the individual delivery drivers, many of whom work long hours under tight deadlines, as you veer around them on your bike, doing so ignores the larger enforcement, policy and design pressures that shape the situation on L Street.
Enforcement: Willfully running a solid red light is universally taboo in America, and a pressure that is strong enough to dissuade drivers from doing it. Today the societal taboo is clearly not as strong against blocking bike lanes, but targeted enforcement can help change perceptions.
In all of my observation I have only seen one ticket issued to someone blocking a bike lane. Indeed, police cars are often guilty of the offense themselves, and not while on official business. Most of the photos I've taken myself of police cars blocking the bike lanes have occurred while the driver was visiting Robeks, a fruit smoothie store on the block.
Just as the MPD has engaged in enforcement campaigns targeted at drivers who fail to yield and pedestrian inattention, we need an enforcement campaign aimed at bike lane blocking on L Street.
Even though the actual penalties may not serve as a deterrent (many delivery companies simply write them off as a cost of doing business), an enforcement campaign can start to change attitudes about the practice and encourage delivery drivers to use dedicated loading zones or the service alleys that connect many larger buildings on L Street.
Design: The blocking problem is not nearly so great on the 15th Street cycle track. This may partly result from there being fewer blocks where the lane runs past commercial streets. Also on 15th, parking serves as a buffer between the 15th Street lane and the active roadway. Not only does that offer an alternative for delivery drivers and others, it creates a physical barrier of parked vehicles, impeding easy access in a way that the plastic pylons cannot.
Before the L Street Lane was installed, Mike Goodno, Bicycle Program Specialist at the District Department of Transportation (DDOT) said that a similar arrangement would not be possible on L, as it would limit the street to one through lane outside rush hour.
One option could be to relocate the current parking from the south side to the north side, between the bike lane and the active roadway. Currently, parking and loading is permitted in the southernmost lane outside of rush hour; during rush our, the lane becomes a third through lane, though obstructions in this lane often remain throughout rush hour, leaving two effective through lanes in most cases.
Goodno says that is a possibility, and in fact DDOT is planning to have (full-time) parking next to the forthcoming lane on many blocks of M Street. However, Goodno noted, there could not be parking next to the left turn lanes, or for some distance before the start of the "mixing zones," where drivers merge into the bike lane to turn left. That would substantially reduce the amount of parking on L Street.
Alternatively, DDOT has floated the idea of installing a curb along the L St. lane to prevent vehicle incursions, though so far there has been no activity. Likewise, Goodno said they are considering adding more posts, which today appear every 20 feet.

Policy: Most blocks of L Street now combine some dedicated loading zones and short-term metered parking along the south side of the street. In my observation, the loading zones are nearly always occupied with delivery vehicles, suggesting that drivers are willing to use them provided they can find a space. Likewise, the metered parking on the street is consistently occupied as well, typically by passenger vehicles.
The difference, of course, is that those drivers have the option of parking off-street in one of the numerous commercial garages in the area, while delivery vehicles cannot. Though it would almost certainly draw criticism from some quarters, the city could convert existing metered parking along L Street to loading-only lanes, giving delivery drivers more legal options to park. If and when performance parking comes to the Golden Triangle, it could also ensure that spaces are more likely open for delivery drivers.
My experience watching the L Street bike lane has not revealed an existential struggle amongst warring factions for turf on one of downtowns busiest arteries. Rather, I've seen drivers, bikers, delivery guys, cops, and pedestrians (who, lest we forget, are often one in the same) working to coexist in a new multi-modal reality that they all generally accept, even if they're all still getting used to it.

As of mid-March, the Metropolitan Police Department has engaged 3,260 truants so far this school year. In these cases, truant patrol officers pick up and transport children back to a school or a temporary holding facility. MPD says they could pick up more if they had more officers and vans.
Roads
I was in a hit-and-run by a distracted driver
My normal commute between work near Union Station and home in Dupont Circle is 35 minutes, doorknob to doorknob. Tuesday night, that commute came to a grinding halt just 2 blocks from my office.
As I crossed the street at 2nd and F Streets NE, an SUV pulled up to the 4-way stop. The SUV stopped at the stop sign, and I began to cross the street in the crosswalk. As I was just in front of the SUV, the driver, who'd looked down to his phone while stopped (it looked like he was texting), pulled forward full speed into a left turn, hitting me.
In the split second I had as the vehicle began to move before it hit me, I screamed and tried to jump back, but I was directly in front of the SUV, and it hit me squarely in the right leg, rolling over my right foot.
As I screamed, the driver finally looked up, saw me, and yelled "sorry!" out of his open window before continuing on his way. I was stunned.
It had all taken less than 15 seconds.
Waiting for the police
Once I got safely onto the sidewalk, I stopped, and the security guard at the nearby SEC parking garage stopped to ask me if I was okay and comment on the craziness of what had just happened. While I was in one piece, I was pretty banged up and definitely very shaken, and reached into my pocket for my cell phone to call 911.
It felt odd to me to call 911 when nothing was on fire and nobody was bleeding or in imminent danger, but as the security guard pointed out, I'd just been involved in a hit-and-run traffic collision.
Nonetheless, I gave the 911 operator my first name (they did not ask for my last name) and location, explained what happened, declined an ambulance, and was told that the next available unit would be on their way to me shortly. I hung up as a good samaritan came up to ask me if I was okay, and another security guard ushered me into the Securities and Exchange Commission building lobby to wait.
Once I was settled inside on a bench, I called my significant other, Kian, to let him know that I'd be late getting home, and he insisted on coming from Dupont to meet me and help me get home once I was done with the police.
Once I hung up with Kian, building security suggested I call 911 again The security guards in the building took down my information to let their supervisor know what was going on, and told me that there was a security camera on the corner of the building that might have had an angle to catch the whole thing on tape. They'd be happy to work with MPD to provide the tape.
10 minutes or so after Kian arrived (thanks to Twitter and call logs on our cell phones, I have the timing recorded), we called 911 for a third time. It had been an hour since my first call. They seemed to have no record of our earlier calls, but assured us that this was a priority and that a unit would arrive soon.
80 minutes after the collision, Capitol Police arrived on the scene. The responding officer explained that they'd heard it come in over the radio, and decided to respond. The Capitol Police officer took my full report, spoke to the security guard who'd been an eyewitness, and explained to me that Capitol Police would now have officers canvassing the area on the lookout for the vehicle, but since it had been over an hour, that it probably wasn't in the area any longer.
20 minutes after Capitol Police arrived, and as they're nearly finished writing the report, an MPD unit arrived, explaining that they'd been dispatched from the other side of the city, because of something going on downtown occupying all of the units in the area. The officer asked me to explain what had happened yet again, even though they ended up letting Capitol Police file the report.
Bad intersection?
About 30 minutes after the accident, waiting for MPD, I logged into Twitter on my phone. Many, many people on Twitter expressed their sympathy and kind thoughts (thank you!). As the discussion progressed, several people expressed frustration with that very intersection:
I've definitely noticed on my daily commute lots of drivers blowing through the intersection with a rolling stop, or occasionally no stop at all.
A serious reminder
I'm sore and bruised from the collision, but otherwise I am okay. I'm incredibly grateful for that, and for all of the kind people around me who helped me after the accident, like the good Samaritan and the building security at the SEC.
But as a smart growth and complete streets advocate by day, this experience was a serious reminder that our work for more walkable, bikeable, livable streets for everyone in our communities is far from complete. Even in a place like DC that does so many things right when it comes to transportation and planning, there's more work to do, even at the most basic level.
It's easy to get wound up in rhetoric about "us vs. them", the "war on cars", and so many other issues that we write and read about every day here. We've all been guilty of this from time to time. But when we step back, can't we all agree that cars, bicycles, and most especially, pedestrians, should all have a safe place on our streets? Washington is a great place to live, but we still have a long way to go to make it greater.
Let's do it for the kids in the daycare down the street from this intersection. For our elderly neighbors who can't get around as well anymore. For our children biking to school. From driver to cyclist to pedestrian, everyone benefits from a street that's safe and welcoming for all users.
Transit
Streetcars, parks, and libraries get boost in Gray budget
Bike lanes, parks in NoMA and around the city, streetcars, libraries 7 days a week, new trash cans for free, school modernizations, and many more programs get funding under the operating and capital budgets Mayor Gray is unveiling this morning.
Streetcars: In the 6-year capital plan, streetcars get $400 million, which should fund completing the first line from Minnesota Avenue to Georgetown, engineering the Anacostia line, and studies for north-south lines such as Georgia Avenue.
The operating budget contains $6.2 million to start running the streetcar, which Gray continues to promise will roll by the end of the calendar year.
Bike infrastructure: There is a pot of $10.7 million for bike lanes and trails, which appears to be entirely new; formerly, there was no dedicated local bike money. The budget staff have promised to follow up to confirm this. Another $5.1 million will go to "bike-friendly streetscapes," which will be interesting to see in more detail.
Capital Bikeshare: The mayor is funding 10 more Capital Bikeshare stations beyond the ones that area already supposed to be going in. In December, DDOT announced 78 locations, of which it had funding for 54 and was going to install those by March. Unfortunately, it's late in installing most of those. That list also identified 24 future locations, so this budget funds 10.
Buses: The budget office's presentation did not discuss the Circulator or other bus projects. I will follow up to find out whether any Circulator expansion in that master plan have funding. Streetcars are important, but they are one of several modes we need, and for many neighborhoods, better bus service is the better way to help people get around.
Bridges: The South Capitol "racetrack" project and new Frederick Douglass Bridge gets $622.5 million, which would fully fund the project.
Taxes: The budget imposes no new taxes or fees, maintains DC's fund balance, and keeps the debt cap at 12%. The administration also wants to get rid of the tax on out-of-state bonds, which they say primarily impacts seniors and is far and away the biggest complaint they get about taxes. Gray chief of staff Chris Murphy said they "always felt it was ill-conceived."
Affordable housing: As promised, the administration is putting a one-time $100 million into affordable housing. $86.9 million goes into the Housing Production Trust Fund, ($20M in FY 2014 and the rest in FY 2013). The rest, $13.1 million, goes to other smaller initiatives that the recent Comprehensive Housing Strategy Task Force recommended. He is also promising to keep the 15% of the Deed Recordation and Transfer Tax, which is supposed to go to the HPTF, in there; previous budgets raided that to fund other programs.
Parks: The capital budget provides $50 million for parks (likely a few different small parks) in NoMA: $25 million to acquire land, and $25 million for development. DC made a mistake when it upzoned NoMA without any plan for parks, which is why this is going to be expensive. However, NoMA is generating a lot of tax revenue.
Other parks capital spending includes $20 million fro the Fort Dupont ice arena, $26.4 million for Barry Farm, $2M to renovate and improve athletic fields and parks, $18M for the Southeast tennis & learning center, and funding to modernize 32 play spaces in 8 wards including Fort Greble, Palisades, Macomb, and Takoma which will start in April as well as already-underway work at Noyes, Raymond, and Rosedale.
Libraries: Gray is expanding funding for DC Public Libraries so that every library can be open 7 days a week. Most will be open until 9 pm Monday to Thursday as well as afternoons on Saturday and Sunday. They also get $2 million for books and e-books.
Further, the budget provides $103 million to renovate and, as part of a public-private partnership, expand the MLK Library. There is $15.2 million to renovate the Cleveland Park library, $21.7 for the Palisades library, and $4.8 million for Woodridge's library.
Trash: Residents who want to replace their trash cans are in luck: the administration wants to replace everyone's trash cans over 5 years, for free. If there is money available, they also hope to let people replace stolen or damaged cans without the fee residents have to pay today.
Flooding: Bloomingdale residents hopefully will see some relief from their flooding problems with $1.5 million in the budget to pay for recommendations from the task force studying those problems.
Police and fire: The public safety budget pays for 4,000 sworn officers, replacing police and fire vehicles, cadet training programs and maintaining domestic violence programs that are seeing federal cuts. In general, the budget officials say, they are replacing all federal from sequestration across the board, even assuming sequestration will continue throughout the year.
Raises: DC employees will get their first pay raise in 4-7 years, spanning both union and non-union employees, and DC will fully fund its pension obligations.
We'll have more analysis and further details in upcoming posts.
Pedestrians
Is ped enforcement campaign "blaming the victim"?
District agencies are running a much-needed, but brief, sting operation today to enforce the laws against making U-turns across the Pennsylvania Avenue bike lanes. Meanwhile, a number of readers have written in with worries that a pedestrian enforcement campaign is targeting the wrong people for the wrong behavior.
Reader @Akido37 tweeted this photograph, of a bus shelter ad the District Department of Transportation and Metropolitan Police Department have posted near Farragut Square warning pedestrians about a stepped-up enforcement campaign. He wrote, "Talk about blaming the victim."
Certainly, pedestrians can do a lot to make themselves more safe, or take more risks. Walking while texting or reading emails removes one line of defense against a driver hitting a pedestrian.
On the other hand, pedestrians can suffer even when they do nothing wrong, but a driver's attention lapses for moment. Some readers feel MPD is not doing enough about far more unsafe driver actions. Reader David Joseph wrote:
I walk this intersection twice a day and without fail drivers make illegal turns, pull into the crosswalk, or otherwise endanger pedestrians. I recently asked an MPD officer who was giving warnings to pedestrians why they werent talking to drivers who are the real danger. His answer was simply that they were given orders to talk to pedestrians and issue tickets for jay walking, and he was following those orders.Ben Ross said in an email:
I work at that intersection, and the pedestrian signals there forbid pedestrians to make crossings that are absolutely safe. You are told not to cross the turn lane on westbound 17th between the traffic island and the Red Line entrance even when traffic in the lane you are crossing has a red light. You can only cross when the main part of K Street has a red light, which comes 32 seconds later. Obviously, no one waits to cross the turn lane when the cars are stopped in front of them.In a similar vein, during a past enforcement campaign police stopped people crossing the one-lane side roadway of Connecticut Avenue at Q Street, where the main road passes under in an underpass. While not lawful, there are plenty of times when there are no cars approaching, or even a bus at the bus stop blocking the road entirely. It doesn't advance safety to ticket people for crossing at these times.
Everyone should follow laws. The ideal solution to these problems would be to redesign the intersection to better accommodate pedestrians' own needs and not forbid doing things that aren't really dangerous. However, we're not realistically going to change most of these intersections anytime soon.
With driver speeding, especially with the latest speed camera bill, we've made a decision to tolerate a certain amount of unlawful speeding (10 mph over the limit), and recently cut down on penalties for those who speed more. Mayor Gray also raised speed limits in a few places where many drivers, perhaps rightly at least in some cases, argued they were too low.
The District needs to focus on the most unsafe behavior. Sometimes, that's pedestrian behavior, but more often it's not. Do you think this campaign is blaming the victim? Or does it attack a real safety problem, and some people just don't want to follow the law?
History
DC Home Rule almost had... the FBI picking the police chief
This is part 3 in a series on the legislative history of the 1973 Home Rule Act. See previous parts on the act's bipartisan support and nonpartisan elections.Some members of Congress were really concerned in 1973 about letting DC have power over its own criminal justice system. During the debate over the Home Rule Act, there were a few proposals to limit DC's authority; one would have kept the mayor from appointing the chief of police.
Why? Some worried that giving up the police power to local officials would let them blockade the Capitol and force Congress to submit to the will of local residents. Others, amazingly, feared that a popularly elected leader representing the people of DC might not actually be in favor of law and order.
Control of the police is, in fact, the reason there is a District of Columbia in the first place. In the Pennsylvania Mutiny of 1783, 400 soldiers of the Continental Army briefly besieged the delegates of the Continental Congress in Philadelphia, demanding payment for services during the Revolutionary War.
The Pennsylvania Executive Council, then the executive branch of the Pennsylvania state government, refused to guarantee it would protect the Congress from the protest, so the delegates moved the capital out of Philadelphia. That experience was the reason the Constitution's authors provided for a federal district, to which the federal capital eventually moved in 1800.
Members worry the Mayor would not want order
In 1973, memories of the 1968 riots were still very fresh. The President had used the National Guard to keep peace, and members of Congress worried that without federal control, this might not happen. But why? At least a few members actually worried that the Mayor would actually be unwilling to act.
Congressman Delbert "Del" Latta (R-OH) said,
Another matter that concerns me about this bill is the matter of who is going to take over this police force in times of revolt or revolution or riot, whatever you have, like we had in the city a couple of years ago.Rep. Charles "Charlie" Rangel (D-NY, and still in Congress today) said, "One ... rationale, commonly used by persons against home rule is that home rule will result in a drastic increase in the crime rate for the District. ... Opponents of self-determination for the District are implying that the local government of the city, specifically the Mayor and City Council, would act in bad faith. (1723-1724)If we have an elected Mayor who is going to be looking to his constituency in the District of Columbia to reelect him the next election, is he going to respond when the city is burning such as we saw from the Capitol steps a few years ago, as readily as if the President of the United States had the authority right now to sign an order and take over the police department of the city? (p.1764)
Then-Police Chief Jerry Wilson wrote a letter to Congress addressing some of the concerns:
I recognize, as I am sure you do also, that some of the concerns over home rule for the District of Columbia directly relate to fear that local control of the police may result in misuse or nonuse of the police power in a manner adverse to the interests of the city, either as a local community or as the national capital. ...The bill's authors and other members of Congress also noted that the President would have the authority to take over the police in a true emergency. Rep. Charles Diggs (D-MI) replied to critics, saying, "The committee felt that the President has inherent power to invoke whatever police power is required in case of an emergency. We are prepared to put this in more explicit language." (1764)Personally, I feel that apprehension over local control of police power in the District is misplaced. My own sense of this community is the overwhelming majority are responsible citizens who want effective law enforcement just as much as residents do in any other city. If the city of Washington is to be treated substantially as a local community, albeit a special one, rather than a federal enclave, then there is no reason to deprive local citizens of control over that fundamental local service, the police force. (1699)
A provision specifically emphasizing this power was then part of the committee print of the bill which went to the House floor.
Amendments try to take the police chief appointment away from the Mayor
Some Congressmen were still not satisfied. Ancher Nelsen (R-MN) tried to introduce amendments that would have given other people besides the mayor the power to appoint the police chief.
His first proposal was to set up a Board of Police Commissioners with 3 members: the head of the US Secret Service, the head of the FBI, and the Mayor of the District of Columbia. They would submit 3 candidates for police chief to the President, who would pick among them. (2406)
Nelsen notes there was a Police Board in the 1860s, DC's previous episode of home rule, but it was abolished when Congress took control of the District back.
Rep. Brock Adams (D-WA) pointed out that there are lots of federal police forces to protect the federal interest, such as the Capitol Police, Park Police, Secret Service, FBI and more. This was not the case in 1783, when the Continental Congress did not even control the military during peacetime and depended entirely on state militias.
Stewart McKinney (R-CT) also disagreed with Nelsen, saying, "With regard to the problems we have been having in urban centers a police chief has to be one of the strongest and most compatible figures in the community's relationship." (2409)
This was also not something the White House had asked for, and the House defeated Nelsen's amendment, 132-275 with 27 not voting.
Nelson tried again, this time having the board of 3 commissioners nominate individuals to the Mayor. (2424)
Diggs said, "I would just like to understand from the distinguished ranking minority member of the committee [Nelsen] just what is his rationale behind wanting to have this kind of insulation with respect to the Police Commissioner or Chief of Police for this community." (2425) The House rejected this amendment on a voice vote, and that was the end of the matter. (2426)
However, Congress did limit the District's power over its criminal justice system in other ways, which we'll discuss in coming installments of this series.
All numbers in parentheses refer to page numbers in Home Rule for the District of Columbia, 1973-1974, Background and Legislative History of H.R. 9056, H.R. 9682, and Related Bills Culminating in the District of Columbia Self-Government and Governmental Reorganization Act, Approved December 24, 1973 (Public Law 93-198), Serial No, S-4, US Government Printing Office, December 31, 1974.
Bicycling
DMV believes U-turns on Penn are legal
WABA is reporting that the Department of Motor Vehicles isn't upholding tickets for U-turns across Pennsylvania Avenue.
When an MPD officer writes a ticket, the person ticketed has the opportunity to challenge that ticket through adjudication. This process is handled by the DMV, not the police. And on this issue, the DMV adjudicator has interpreted the laws in a way that does not prohibit mid-block U-turns across the cycletrack. Thus, MPD is reluctant to ticket motorists when the agency adjudicating the tickets has deemed such a ticket invalid.Rob Pitingolo asked on Twitter, "If [DDOT] designs a street and decides certain turns are unsafe, why does [the DMV] get to decide whether said unsafe turns are punishable? The whole thing calls into question whether any traffic sign in DC is actually legally binding or just a suggestion."
In the camera debate, MPD has been saying that they enforce the speed limits that are posted. Anyone want to look through the DC code to figure out if posted signs like "no U turn" actually have the force of law?
Perhaps Mary Cheh could introduce some emergency legislation to fix this problem, but Rob's point is a good one WABA's Shane Farthing added, Cycle tracks, separated bike lanes, or whatever you call them can work wonders for bicycling, but only if drivers respect them and District officials can properly enforce rules against unsafe driving and parking.We do not know DMV's detailed legal reasoning, but it is possible that the same interpretation that would find U-turns across Pennsylvania Avenue to be legal might also find left turns by motorists who skip the "mixing zones" and cut across the cycletrack through the intersection on L to be legal. (That is speculation, but it sufficiently concerning speculation that we need to move quickly to find a solution so that MPD can enforce the rules of the cycletracks in a way that is consistent with their design.)
So far, we know that many drivers are not obeying the rules in the cycletrack, though DDOT's Mike Goodno has been urging people to be patient as DDOT finishes up paint, signs. and bollards. The Express' Vicky Hallett interviewed some truck drivers who are, so far, just refusing to pull a little farther to an actual loading zone, and Nicholas Donohue sent over some pictures of trucks parked in the cycletrack.

Photo by Nicholas Donohue.
Roads
DC Council bill would lower traffic camera fines
Councilmembers Tommy Wells (ward 6), Mary Cheh (ward 3), and Marion Barry (ward 8) just introduced a bill to lower traffic camera fines for low levels of speeding, blocking the box, stop signs and more.
The bill will drop fines to $50 for certain offenses:
- Speeding up to 20 mph over the limit
- Blocking the box
- Not yielding to a pedestrian in a crosswalk
- Not coming to a complete stop at a stop sign
- Not coming to a complete stop before turning right on red
- Turning right on red when not allowed
There are 2 things explicitly not on this list: speeding more than 20 mph over the limit, and running a red light.
At the task force meetings, participants expressed a desire to keep higher fines for these. They felt that more excessive speeding is far more reckless and not something one can chalk up to not paying close attention, or a road designed for a too-high speed, or something like that.
For red lights, the task force heard evidence that while there isn't a relationship between the size of speed fines and compliance, there is one for red lights. Many felt that running red lights is something drivers more clearly recognize is wrong. I've still heard drivers argue that running a red light is better than coming to a stop because of the risk of getting rear-ended, or dispute the timings of yellow lights, but MPD's Lisa Sutter said that she is focusing on enforcing the more egregious red light running.
DC is going to start rolling out cameras for some of these infractions which don't have cameras now, like not yielding to pedestrians. Many drivers don't understand that it's wrong to make a turn quickly across a crosswalk and block a pedestrian's path. MPD has promised a substantial public information campaign, but an appropriate level of fine will hopefully ensure that there isn't too much backlash against stopping this very dangerous behavior.
Bill proposes 30-day warning period
Under the bill, every vehicle will get one warning period. The first time the vehicle gets an automated ticket, MPD will send the owner a notice about the ticket and more information on the kinds of infractions that cameras catch. They will then get 7 days after the letter gets mailed, or 30 days after the initial violation, as a grace period.
I had suggested an approach like this in the meetings, because some people have said they got 9 speeding tickets all in a couple of weeks and then found themselves owing over $1,000 before they even found out about the first ticket. If the purpose of the program is to stop speeding, there's no point in giving someone multiple tickets at once.
On the other hand, this could significantly cut into revenue, especially since most violations are from vehicles that only violate once. Many of those might be casual visitors to the District, and one could argue both sides about whether we ought to give expensive tickets to tourists who drive recklessly.
There won't be a separate warning for speeding versus blocking the box; a driver just gets one warning, total. Shared cars and rental cars won't get new warnings for new drivers.
Half of revenue would go to safety programs
One of the most important provisions of the bill is one dedicating half of the revenue from the camera program to safety programs. Some of the revenue can go toward MPD buying new cameras. This is critical, because the best way to reduce unsafe driving is to have greater "certainty of enforcement" It took MPD years to get budget approval to buy the upcoming set of cameras. For the program to really improve safety, that has to change, and this bill would make it easier for MPD to buy more cameras.
Money will also go toward educating drivers, possibly setting up a traffic safety unit at MPD, or projects at DDOT to redesign the roadway. The best way to cut down on speeding is to design a road that gives drivers subtle cues that a slower speed is appropriate, instead of one that encourages faster speeds.
Hearing is November 5
Councilmember Cheh already has scheduled a hearing for November 5, 11:00 am in room 412 of the Wilson Building, 1350 Pennsylvania Avenue, NW. You can sign up to testify using this form.
What do you think of the bill?
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- Young kids try to assault me while biking
- Focus transportation on downtown or neighborhoods?
- Endless zoning update delay hurts homeowners
- Redeveloping McMillan is the only way to save it
- DDOT agrees to repave 15th Street cycle track
- Vienna Metro town center won't have a town center
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