Read on Twitter
Hey everybody, it's licenses and permits night. The topic: Will Somerville change its current policy of -not- enforcing ADA compliance on outdoor dining, or is it business-as-usual?
http://somervillecityma.iqm2.com/Citizens/Detail_Meeting.aspx?ID=3492
1/?
http://somervillecityma.iqm2.com/Citizens/Detail_Meeting.aspx?ID=3492
1/?
This conversation has been going on for a while.
https://twitter.com/somershade1/status/1468362819057893391
2/)
https://twitter.com/somershade1/status/1468362819057893391
2/)
It's been going on for a humiliatingly long while.
@BonnieMDenis, who (so far as I know) still chairs our commission for persons with disabilities (CPD), has shown shocking patience in the face of an administration content to run out the clock.
https://twitter.com/somershade1/status/1371581548550574081
2/?
@BonnieMDenis, who (so far as I know) still chairs our commission for persons with disabilities (CPD), has shown shocking patience in the face of an administration content to run out the clock.
https://twitter.com/somershade1/status/1371581548550574081
2/?
@WillieBurnleyJr is the chair. @jake4somerville, and @JesseForWard4 make up the balance of this small committee.
Here we go.
4/?
Here we go.
4/?
Item 2: "New Garage License, Toucan Auto Center Inc, 619 Somerville Avenue, 39 vehicles inside, 1 vehicles outside for auto body work, spray painting, and charging money to store vehicles."
I expect this to be an uneventful public hearing.
5/?
I expect this to be an uneventful public hearing.
5/?
One of the most singular and amazing moments in all of my city watching happened at a licenses and permits meeting where we covered pawnbroking and the conversation went 100% sideways.
I don't know that it was the wildest, but it was pretty wild.
https://twitter.com/somershade1/status/1386803462466322435
6/?
I don't know that it was the wildest, but it was pretty wild.
https://twitter.com/somershade1/status/1386803462466322435
6/?
Anyway, this is the location. Across the street from Forge.
The owner says "We've been here for 25 years with no complaints from neighbors or tickets that I know of."
@WillieBurnleyJr wants to know about the 9 tickets that the city has issued over the years.
7/?
The owner says "We've been here for 25 years with no complaints from neighbors or tickets that I know of."
@WillieBurnleyJr wants to know about the 9 tickets that the city has issued over the years.
7/?
The hypothesis is that these are parking tickets (the owner doesn't recall), which is part of what is driving the move to a location with more space to store vehicles off street.
I mean, it's not unreasonable.
8/?
I mean, it's not unreasonable.
8/?
@jake4somerville wants to know if maybe these were for snow clearance?
The owner, gently, suggests that we should look at the dates on the tickets.
Oh god - I have a lot of this data, guys. You could ask me ...
https://twitter.com/somershade1/status/1456957387605266435
9/?
The owner, gently, suggests that we should look at the dates on the tickets.
Oh god - I have a lot of this data, guys. You could ask me ...
https://twitter.com/somershade1/status/1456957387605266435
9/?
One of the things that Bill White drilled home in this committee over the years is that the power of the city to deny permits is really very constrained.
They have to be denied on issues relevant to the permit itself. There can be no denials as part of a proxy fight.
10
They have to be denied on issues relevant to the permit itself. There can be no denials as part of a proxy fight.
10
@WillieBurnleyJr proposes a couple of conditions on the permit - including that cars not be parked on the sidewalk.
No worries on that, @Hertz is already taking up the entire damn sidewalk on that block.
https://twitter.com/DerrickAndADog/status/1470366070125039617
11/?
No worries on that, @Hertz is already taking up the entire damn sidewalk on that block.
https://twitter.com/DerrickAndADog/status/1470366070125039617
11/?
@JesseForWard4 asks if we might want to put a specific number of infractions as a condition.
The clerk confirms that this would make it much easier to enforce and would reduce the odds of a lawsuit for unfair treatment.
12/?
The clerk confirms that this would make it much easier to enforce and would reduce the odds of a lawsuit for unfair treatment.
12/?
@JesseForWard4 says that he did the diligence of looking at the business's current location in google street view - and google never even once captured a car parked on the sidewalk.
He describes this as "remarkable for an auto body shop."
13/?
He describes this as "remarkable for an auto body shop."
13/?
For what it's worth, I 100% support putting conditions on permits.
If you have concerns with a city thing - always, always, always get it in writing ahead of time.
14/?
If you have concerns with a city thing - always, always, always get it in writing ahead of time.
14/?
Item 3: "That the Director of Inspectional Services, the Chair of the Commission for Persons with Disabilities, and the Chair of the Licensing Commission appear before this Council to discuss permitting and enforcement of accessibility concerns related to outdoor dining."
15/?
15/?
Item 4: "That the Executive Director of the Office of Strategic Planning and Community Development, The Director of Inspectional Services, and the Director of Engineering respond to questions posed by the Land Use Committee regarding ADA compliance for outdoor seating."
16/?
16/?
Item 5: "... incorporate the recommendations of the Commission for Persons with Disabilities into the final 2022 Outdoor Dining Plan and ensure enforcement of all regulations."
17/?
17/?
We're taking these three up together (items 3, 4, and 5) because chair @WillieBurnleyJr describes it as "silly and unproductive" to treat these as separate issues.
18/?
18/?
One thing that I learned - to my great frustration - during the whole Beacon Street tree thing was that the city is broadly immune from prosecution for failing to enforce its own laws and policies.
As long as they "acted in good faith," they can just ... not do the law.
19/?
As long as they "acted in good faith," they can just ... not do the law.
19/?
Joe Lynch, the chair of our licensing committee, opens with a note that pre-pandemic we -did- have an outdoor dining program and two (2) restaurants took advantage of it.
He doesn't think much of that program.
20/?
He doesn't think much of that program.
20/?
By the end of 2020 we had 80+ merchants participating in the city's "please, anything, just ... well ... shit!" phase of pandemic response.
He owns the fact that mistakes were made.
21/?
He owns the fact that mistakes were made.
21/?
Apparently we have ... never? Even once? issued a fine or a fee of any sort for violations of any sort under the "oh shit!" part of the program.
Seems like time to start, says me.
22/?
Seems like time to start, says me.
22/?
Chair Lynch is at pains to build sympathy for the business owners, who are under tremendous pressure from the pandemic.
Sir? On the topic at hand? Accessibility concerns and ADA compliance?
23/?
Sir? On the topic at hand? Accessibility concerns and ADA compliance?
23/?
Chair Lynch seems to think that this is about permits for outdoor dining generally, and whether those should continue.
Sir? This -whole- session is about the fact that businesses are flagrantly violating ADA law - two years into the pandemic.
24/?
Sir? This -whole- session is about the fact that businesses are flagrantly violating ADA law - two years into the pandemic.
24/?
Oh my shit. He just listed off every organ of the city - including the "urban forestry folks" as having been consulted in the proposed plan - and completely omitted persons with disabilities.
This. Is. Exhausting.
25/?
This. Is. Exhausting.
25/?
He even makes reference to our "four legged friends" in the dog-specific portion of the recommendations.
Sir? Read the room. We're not here about the fucking dogs.
26/?
Sir? Read the room. We're not here about the fucking dogs.
26/?
There's a saying: "If you hear somebody described as 'tireless' - you should know that they are fucking tired."
@BonnieMDenis - you are tireless. I see you.
27/?
@BonnieMDenis - you are tireless. I see you.
27/?
Ah good. Brian Postlewaite, our director of Engineering, finally sees fit to mention "accessibility concerns." It was in the middle of a long monologue - but it was there.
Mistakes were made, the old standards were lacking, we're proposing solutions here.
28/?
Mistakes were made, the old standards were lacking, we're proposing solutions here.
28/?
I'm looking at the words in the agenda items. "Discuss accessibility concerns," "respond to questions regarding ADA compliance," and "incorporate the recommendations of CPD."
Gentlemen? On the topic at hand?
What, respectfully, the fuck about that?
29/?
Gentlemen? On the topic at hand?
What, respectfully, the fuck about that?
29/?
Chair @WillieBurnleyJr gets specific. The recommendations from the CPD. Which are attached to the agenda. Which of those are part of the city's proposal.
30/?
30/?
I mean, SCPD got super specific and collaborative and helpful here.
Did you incorporate these or not?
31/?
Did you incorporate these or not?
31/?
There we go. There were two that didn't make the cut:
(a) increase the number of accessible spaces that are usefully near a licensee.
That one is not in the purview of the licensing process. Right. Still. Yes? Just a yes will do.
32/?
(a) increase the number of accessible spaces that are usefully near a licensee.
That one is not in the purview of the licensing process. Right. Still. Yes? Just a yes will do.
32/?
Then there was the one about spacing between seats. That is described as a public health issue.
Sort of like food safety, right? Kitchen inspections? That public health issue?
33/?
Sort of like food safety, right? Kitchen inspections? That public health issue?
33/?
@jake4somerville comments that this is "private use of public land" and says that there is "no assurance or right of this sort of use of public land."
Tell that to the parking advocates, yo.
34/?
Tell that to the parking advocates, yo.
34/?
Chairman Lynch has some ... oddly specific commentary that the Somerville Licensing Commission did not participate in drafting the policy.
That would be in violation of the law, see. That's a legislative function.
Just like if SCPD was not included, right?
Same?
35/?
That would be in violation of the law, see. That's a legislative function.
Just like if SCPD was not included, right?
Same?
35/?
Oh, there's @BonnieMDenis: "I would encourage everybody to consult state law on the role of commissions with disabilities. We literally exist to advise the city and to participate in this exact sort of process."
36/?
36/?
She continues: "I received an email from the administration today on completing conflict of interest disclosures - since commission members are de-facto members of the administration."
Can't have it both ways.
37/?
Can't have it both ways.
37/?
As always, @JesseForWard4 says it plain: "If it's illegal inside, it should be illegal outside. If it isn't compliant, then it's wrong."
But this is a -draft- recommendation ... it's um ... so different?
It's not different.
38/?
But this is a -draft- recommendation ... it's um ... so different?
It's not different.
38/?
I keep coming back to that whole thing where we have not issued even one citation or fine.
Not even one.
Where's that picture of a table filled with able bodied diners clinking glasses in the accessible space at Posto? I've got that around here somewhere.
39/?
Not even one.
Where's that picture of a table filled with able bodied diners clinking glasses in the accessible space at Posto? I've got that around here somewhere.
39/?
Director Antanavica (An-tan-ah-VIH-kah) of ISD is speaking - as others have - on the importance of keeping business moving even while we figure out the new guidance.
He says that they had noncompliant setups at first but needed to work with the business.
Fuck that.
40/?
He says that they had noncompliant setups at first but needed to work with the business.
Fuck that.
40/?
We are literally entering the third year of this pandemic. I accept these concerns for 2020. "Get things open as quick as possible." Then there was 2021 ... wherein we went blah blah blah.
It is now 2022.
ADA has been settled law for 30+ years. Enforce it.
41/?
It is now 2022.
ADA has been settled law for 30+ years. Enforce it.
41/?
I ... I ... I find myself at a loss for words here.
This has been discussed at length at three prior instances of this committee.
It is disgusting to see the city -absolutely- playing out the clock.
42/?
This has been discussed at length at three prior instances of this committee.
It is disgusting to see the city -absolutely- playing out the clock.
42/?
So here's something you might not know.
Chair @BonnieMDenis has ben pressured by the administration - just this week - to resign her seat on the commission for persons with disabilities.
S'true.
43/?
Chair @BonnieMDenis has ben pressured by the administration - just this week - to resign her seat on the commission for persons with disabilities.
S'true.
43/?
I don't want to talk out of school here. Some stories are not mine to tell.
But there is some -deep- bullshit going on to sideline a powerful and righteous voice in our city so that, unless I misread this, we can continue business as usual for a third year.
44/?
But there is some -deep- bullshit going on to sideline a powerful and righteous voice in our city so that, unless I misread this, we can continue business as usual for a third year.
44/?
Hmmm ... using only stuff that's in the public record.
Item 23 from council tomorrow "... consider implementing a residency exemption for members of commissions who are required by law to remain on their respective commission until a replacement has been appointed."
45/?
Item 23 from council tomorrow "... consider implementing a residency exemption for members of commissions who are required by law to remain on their respective commission until a replacement has been appointed."
45/?
Chair Lynch is at pains, again, to make clear that if we don't just do what the administration has recommended ... we put our businesses at risk.
I mean, issue a fucking ticket to just one flagrant violator and I will take you seriously.
46/?
I mean, issue a fucking ticket to just one flagrant violator and I will take you seriously.
46/?
So we close the discussion as we began it - with a discussion of whether or not our local business owners will be able to open right back up in the spring.
I guess that's that then.
48/?
I guess that's that then.
48/?
@JesseForWard4 reminds us that we invited @BonnieMDenis to speak and we haven't heard anything but a response in passing.
@WillieBurnleyJr allows it.
49/?
@WillieBurnleyJr allows it.
49/?
Here's another timestamp for people who want to see powerful speech.
Right here.
50/?
Right here.
50/?
I generally don't try to quote people at length, and I won't here.
@BonnieMDenis has comments that are important, well thought out, and don't fit in tweets through the imperfect filter of my hands and ears.
Watch the tape.
51/?
@BonnieMDenis has comments that are important, well thought out, and don't fit in tweets through the imperfect filter of my hands and ears.
Watch the tape.
51/?
"We're talking about civil rights here. Civil rights."
That's what ADA is, you know, a civil rights law. It forces the government to treat people with disability as full human beings, like we do with other protected groups.
52/?
That's what ADA is, you know, a civil rights law. It forces the government to treat people with disability as full human beings, like we do with other protected groups.
52/?
"These aren't things that are hard to enforce. It's either a lack of adequate knowledge to enforce, or a lack of desire to enforce."
Not one single fine. In two years.
Maybe it's time for the stick, folks.
53/?
Not one single fine. In two years.
Maybe it's time for the stick, folks.
53/?
"It is a cost of doing business to provide access, and if they cannot pay that cost, then they should not be in business."
54/?
54/?
"We're talking about people literally not surviving."
Not businesses on "life support" as Chair Lynch so awkwardly put it ... but real human beings who are dying all out of proportion.
And he brought up dog access before people.
55/?
Not businesses on "life support" as Chair Lynch so awkwardly put it ... but real human beings who are dying all out of proportion.
And he brought up dog access before people.
55/?
I have no pithy synopsis here folks. I'm not going to give you a punch line.
This is local government. Sometimes licensing is like "I dunno, the rules are vague" and enforcement is like "I dunno, what, you wanna close Posto or what?"
Yeah, close fucking Posto.
56/?
This is local government. Sometimes licensing is like "I dunno, the rules are vague" and enforcement is like "I dunno, what, you wanna close Posto or what?"
Yeah, close fucking Posto.
56/?
Shoot one of these businesses dead for flagrant violations of law that has been settled for 30+ years.
The others will fall in line, I promise you that.
57/?
The others will fall in line, I promise you that.
57/?
Take the bow market owners and tell them that they're gonna fucking close next week unless they deal with the ramp, extension cord, and space issues.
It'll get done.
58/?
It'll get done.
58/?
Tell the various merchants in Davis Square that unless a wheelchair user can roll all the way to the post office without going in the fucking street - that they will have to close.
The public way will be cleared.
Just watch.
59/?
The public way will be cleared.
Just watch.
59/?
Oh for fuck's sake - now it's the time where everybody praises @BonnieMDenis and tries to share some of her light.
Fuck off. She told you, right here on tape, that she's not satisfied. Don't twist that into "oh look at me and my buddy."
60/?
Fuck off. She told you, right here on tape, that she's not satisfied. Don't twist that into "oh look at me and my buddy."
60/?
@BonnieMDenis calls out The Burren specifically, by name, for being obviously - flagrantly in violation of a combination of alcohol, food service, and ADA regulations.
For two years now.
Two years.
61/?
For two years now.
Two years.
61/?
And with that, @WillieBurnleyJr moves to keep items 3 through 5 in committee.
@JesseForWard4 notes that that's at the pleasure of the chair. No vote needed.
And that wraps up the meeting.
Wow, that was crushingly unsatisfying.
Like the last three times.
62/?
@JesseForWard4 notes that that's at the pleasure of the chair. No vote needed.
And that wraps up the meeting.
Wow, that was crushingly unsatisfying.
Like the last three times.
62/?
Thanks for sticking around folks - this was uncomfortable.
Rest with the discomfort - that's what they taught me in both yoga and therapy.
Figure out what's not right.
Figure out how to change so that we can all breathe easy.
That's our work here, as a city.
G'night.
63/63
Rest with the discomfort - that's what they taught me in both yoga and therapy.
Figure out what's not right.
Figure out how to change so that we can all breathe easy.
That's our work here, as a city.
G'night.
63/63
