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News & ArtsThursday, August 20, 2009
City Tom Carr's War on Nightlife Continues
Posted by Dominic Holden on Thu, Aug 20, 2009 at 12:11 PM
Less than three months before City Attorney Tom Carr seeks reelection, he is cracking down on, of all things, a tiny loft gallery. I write about it this week:
Earlier this year, Elisheba Drayton applied to upgrade the alcohol license for the Faire Gallery Cafe on Capitol Hill from serving only beer and wine to serving hard liquor. "I was hoping to be able to sell spirits to make more revenue, like most people in this economy," she says while sitting in the unassuming little venue, surrounded by a photo exhibit of bicycles in India.
- JSeattle on Flickr
Although the Washington State Liquor Control Board (WSLCB) appeared ready to approve the application, City Attorney Tom Carr objected. He sent the liquor board a letter in early June that said the city "has concerns with the health, safety, and welfare of the community." A bench warrant had been issued against Drayton's husband, Matthew—whom she married the previous May and who was required to cosign on the liquor license of the three-year-old business—for failing to take an alcohol class associated with a misdemeanor charge in 2006. He was charged with a DUI that the prosecutor amended to negligent driving, which Matthew accepted. He says he didn't know he'd missed the class or had a bench warrant (a common problem with cases represented by public defenders, who often abandon clients before cases conclude, his attorney says) until the city mentioned it in the letter. Within two weeks, he had taken the class and the court quashed the warrant.
But Carr refused to withdraw his objection.
"Everything they objected to in their letter was fixed," says Drayton's attorney, David Osgood. He sent a letter in July asking the liquor board to issue the permit.
The liquor board overrode Carr's objection and approved a license for Faire Galley, the article continues. But Anne Radford, a spokeswoman for the WSLCB, tells me that when Carr made his original complaint, he checked a box to say that if he were overruled, he would demand that the case go before a judge. Radford says that the hearing could take over nine months—which could put the Faire Gallery out of business, Drayton says.
When I went to see the space recently, it was clear that—if the Faire Gallery is ever allowed to serve hard liquor—it will never be a shot-pounding, fist-swinging saloon. The place only has six tables, two couches, and three stools. And Drayton says customers aren’t rowdy, pointing to a woman in the corner drinking a glass of wine while looking at her laptop. The other day when I spoke to her, Drayton was preparing for a playwright to give a theatrical reading. In the three years the Faire Gallery has served wine, “we have proven to be responsible,” she said.
But this heavy-handed behavior is par for the course for Carr. As nightlife advocate and music promoter David Meinert says, “It seems to be that he sees nightlife as a problem instead of a good thing."
Carr has an eight-year record pitted with anti-nightlife dings. On restaurants and bars, he's pushed several onerous "good neighbor" agreements (such as this one and this one). "It’s almost like they are used to shut down bars and nightlife instead of creating good neighborhood situations," Meinert says. And the situation with the Faire Gallery continues his misdeeds. "It just seems that he doesn't want that business to be there for some reason," Meinert says. In 2007, he charged 26 defendants in a sloppy bar sting, Operation Sobering Thought, with up to a year in jail. None of the defendants was convicted.
"This is why we need a different city attorney," adds Meinert. "His values are definitely out of line with the people of Seattle.”
Carr's days could be numbered, and this could be part of his undoing. At Neumo's, a venue on East Pike Street, numerous "Pete Holmes for City Attorney" signs are posted on the building—months before the election—and one massive sign faces the street.
Holmes, who is racking up endorsements (district Democrats, county Democrats, the Seattle Times), agrees that Carr's priorities are misplaced. "I had heard about Carr’s objection [to the Faire Gallery permit]; then as now I don’t understand the basis for the objection—especially pursuing an appeal with the Liquor Control Board," he says. "I do not understand how the objection increases public safety, and I certainly would not expend city resources suppressing private businesses for no good reason."
2
Carr is the problem, he is a doofus fool out of control. His concept of a good time must be very strange. Puritan? Fundie? Never gets laid?
Send him packing - out - everyone I know is voting agains this guy.
For once, I agree totally with the Stranger, we need to hound him out of office.
Ace
Send him packing - out - everyone I know is voting agains this guy.
For once, I agree totally with the Stranger, we need to hound him out of office.
Ace
3
What the fuck does Domonic, an uneducated, reactionary ignorant moron, know about administering or prosecuting the law? Seriously, the guy couldn't even graduate fucking high school. Stick to smoking weed, dumbass.
4
Why don't you at least try to interview Tom Carr about his rationale, or tell us that he refused to talk to you. Otherwise this post is pretty one-sided, even though I think Carr is being unreasonable.
5
So, not to be that guy, but isn't Faire pretty much the only African-American-owned restaurant on Capitol Hill North of Pike and West of 19th? Could that have something to do with Carr's attitude here?
Also, I mean seriously -- "concerns with the health, safety, and welfare of the community"? In that part of the Hill? Get the fuck.
Also, I mean seriously -- "concerns with the health, safety, and welfare of the community"? In that part of the Hill? Get the fuck.
6
have you seen some of those other rat holes serving alcohol in that neighborhood? Faire may be the cleanest, nicest one...
7
If Mr. Carr wanted to, he could respond here with a comment. City Attorney's office: Is Anyone Home?
8
Faire is a treasure, and seriously, objecting to liquor being served on that part of Olive (about a block from where I live, incidentally) is ridiculous. There's a full cocktail bar across the street. And another across from that one. And four more up from there. That's before you even cross Summit. Why is Faire getting singled out?
9
I don't live in or near Seattle--why is it that Tom Carr seems to be such an activist? Does the city charter set him up as a free agent? In my little burg the city attorney does not instigate; he sits in on city council meetings (generally not saying one word), defends the city against minor lawsuits, and brings in more specialized legal expertise when needed. If this behavior is abetted by Greg Nickels, maybe Nickels should concede.
10
@ 4) Carr did not respond to a request for comment, which you'd see if you read the article before commenting.
11
I hope if Holmes and McGinn get elected they keep in mind who likely tilted the balance in their favor, that is anti-NIMBY, pro-nightlife progressives. Seems kind of like that's who helped get Carr elected and he has pretty obviously forgotten about that.
12
please visit http://holmesforseattle.com
donate, volunteer to help get him elected.
if you're sick of the City Attorney's attack on music and nightlife, we have to elect Pete Holmes.
donate, volunteer to help get him elected.
if you're sick of the City Attorney's attack on music and nightlife, we have to elect Pete Holmes.
13
Dominic @10) I was only looking at the SLOG post, which made no mention. I didn't click through to read your entire article on the Stranger main site. So I guess it's my bad for not being thorough...
14
So some asshole gets drunk and decides that it's a good idea to climb behind the wheel of a car. After that prick gets pulled over, he's able to swing a deal with the prosecutor for a lesser charge if he completes a diversion class. Douchebag then ignores his part of the deal and blows off the class.
How is it an injustice when this model citizen is denied the right to serve alcohol to others?
While Carr certainly has been no friend to nightlife in the past, in this case I applaud him for doing his job. I see the logic that protecting the safety and welfare of the community includes restricting the ability to peddle liquor by those who are unwilling to show common sense or take responsibility in their own experience with alcohol.
There are many injustices in this world Dom (including some perpetrated by Carr), but this aint one of 'em. Go out and find some real news.
How is it an injustice when this model citizen is denied the right to serve alcohol to others?
While Carr certainly has been no friend to nightlife in the past, in this case I applaud him for doing his job. I see the logic that protecting the safety and welfare of the community includes restricting the ability to peddle liquor by those who are unwilling to show common sense or take responsibility in their own experience with alcohol.
There are many injustices in this world Dom (including some perpetrated by Carr), but this aint one of 'em. Go out and find some real news.
15
@9 - Yes, Seattle is different, but it also has to do with how the State Liquor Board operates. Carr is elected independently and can make his own decisions within the scope of his authority.
The Liquor Control Board is a mess unto itself. When it is considering a permit, it can take into consideration the input of the local municipality, and in this case, that voice belongs to Carr's office. What I don't know is if the mayor and city attorney disagree on a particular establishment whether they would file differing opinions, or what?
The Liquor Control Board is a mess unto itself. When it is considering a permit, it can take into consideration the input of the local municipality, and in this case, that voice belongs to Carr's office. What I don't know is if the mayor and city attorney disagree on a particular establishment whether they would file differing opinions, or what?
16
You know, if we sold MJ at WSLCB stores and heavily taxed it, they would have a lot less to keep Carr busy with and he could actually follow our priorities ...
17
If you think this is bad, you should see how Carr treats firefighters and police officers injured on the job.
18
@14, you obviously didn't read the article all the way through.
Reality it is Carr is a horrible attorney, a worse politician, is vindictive and wastes the City's limited resources on shit like this.
If Carr was concerned about the safety of the city rather than his own oppressed personal crusade against his alcoholic father, he'd be going after the crack dealers in Belltown who openly buy and sell drugs, or the gangs responsible for what seems like multiple killings every weekend in the CD. But no, he's going after a small art gallery. Way to go Tom. I feel so much better about Seattle knowing you're keeping us safe.
Reality it is Carr is a horrible attorney, a worse politician, is vindictive and wastes the City's limited resources on shit like this.
If Carr was concerned about the safety of the city rather than his own oppressed personal crusade against his alcoholic father, he'd be going after the crack dealers in Belltown who openly buy and sell drugs, or the gangs responsible for what seems like multiple killings every weekend in the CD. But no, he's going after a small art gallery. Way to go Tom. I feel so much better about Seattle knowing you're keeping us safe.
19
The Stranger likes to accuse other news organizations of Stupid Fucking Credulous Hackism... how about this?
"He says he didn't know he'd missed the class or had a bench warrant (a common problem with cases represented by public defenders, who often abandon clients before cases conclude, his attorney says) until the city mentioned it in the letter."
Where is the other side? The public defenders I have known don't "abandon" their clients. Clients, however, often blow off things like alcohol awareness classes...
You take his lawyer's slander -- someone with a vested business interest in people not trusting public defenders -- with not so much as a question?
"He says he didn't know he'd missed the class or had a bench warrant (a common problem with cases represented by public defenders, who often abandon clients before cases conclude, his attorney says) until the city mentioned it in the letter."
Where is the other side? The public defenders I have known don't "abandon" their clients. Clients, however, often blow off things like alcohol awareness classes...
You take his lawyer's slander -- someone with a vested business interest in people not trusting public defenders -- with not so much as a question?
22
We finally got rid of the fucking mayor that harassed the clubs. Now let's get rid of douche bag Carr!
25
Too bad Tom will probably get re-elected since, so far, only about 8% of under 30's voted.
Here's a good reason why voting matters. You think the average 59 year-old cares about the same kind of nightlife in Seattle that you do?
Here's a good reason why voting matters. You think the average 59 year-old cares about the same kind of nightlife in Seattle that you do?
26
@5: Not quite. Saley, right next to it, is a creperie owned by a lovely woman from Niger. And there's the Ethiopian place on John and Broadway.
27
@5: race has everything to do with this.
@26: carr's next move will cite the crepe and ethiopian joint with health violations.
support the faire cafe!
@26: carr's next move will cite the crepe and ethiopian joint with health violations.
support the faire cafe!
29
Holmes Holmes Holmes Holmes Holmes Holmes Holmes Holmes.
That's all I'll say.
I can't figure out Carr's politics. A conservative would say that a business has the right to engage in legal services unfettered by the state unless there's a compelling public reason -- which has to be overwhelming -- to restrict such services. A social conservative might object to the serving of alcoholism, but a classic conservative would want to promote the notion of business engaging in whatever legal services the market can support.
On the attorney side, a lot of his behavior seems driven by retribution and anger.
That's all I'll say.
I can't figure out Carr's politics. A conservative would say that a business has the right to engage in legal services unfettered by the state unless there's a compelling public reason -- which has to be overwhelming -- to restrict such services. A social conservative might object to the serving of alcoholism, but a classic conservative would want to promote the notion of business engaging in whatever legal services the market can support.
On the attorney side, a lot of his behavior seems driven by retribution and anger.
30
Carr's father was an alcoholic. Carr is a T-Totaller.
This is just another case of Carr's inability to keep his well documented personal issues out of the city attorney's office.
This is just another case of Carr's inability to keep his well documented personal issues out of the city attorney's office.
31
If the difference between your business surviving and not surviving is a few months of a hard liquor license and your business isn't a bar, you really shouldn't be in business. Get a different line of work.
34
Public defenders in Seattle don't abandon clients. They are appointed to represent clients through acquittal or sentencing. Then there is nothing to represent them for unless the client is accused of failing to comply, whereupon they may re-apply for a public defender. Sometimes, simple-minded private lawyers dump on public defenders to pump up their business. Was it Osgood who said this? Dude is not a criminal lawyer.
35
Clarification: I represent Faire Gallery, and did not represent Matt Drayton in his underlying case.
As part of my presentation to the WSLCB, I had his attorney write a letter to me. It stated, in relevant part: "Late compliance issues regarding relatively minor executive functions are very common in municipal courts. This is particularly true in public defense cases where the overworked lawyers withdraw immediately after resolution and before probationary conditions are embarked on or met. A hurried instruction in the hallway is not followed up on or misunderstood and issues like this occur."
I have the utmost respect for public defenders, and believe the implication that Matt was "abandoned" was not the best characterization. It certainly should not detract from the issue at hand: Faire Gallery is getting a bum deal from the City Attorney.
As part of my presentation to the WSLCB, I had his attorney write a letter to me. It stated, in relevant part: "Late compliance issues regarding relatively minor executive functions are very common in municipal courts. This is particularly true in public defense cases where the overworked lawyers withdraw immediately after resolution and before probationary conditions are embarked on or met. A hurried instruction in the hallway is not followed up on or misunderstood and issues like this occur."
I have the utmost respect for public defenders, and believe the implication that Matt was "abandoned" was not the best characterization. It certainly should not detract from the issue at hand: Faire Gallery is getting a bum deal from the City Attorney.
37
No problem. I've got far too many public defender friends who would have my hide if I ever said such a thing.
38
God, I hate the state liquor control board. It gets misused so often in cases like this, where someone has a personal axe of some sort to grind, or for the Puritans to keep us free of the horrors of titty bars.
39
To Phyllis: Have you ever had a series of unfortutate events? I guess not. The past is the past. The easiest way to make the case go away was a neglcient driving charge since we couldn't afford an attorney( owning a small business in all). I don't need to explain our lives and the circumstances. All that matters is all the issues at hand have been resolved. The City has accused us of other things that are flat out untrue and they had no proof of. This is only thing they could get us on and it has been resolved. The article doesn't say we are perfect, but if the liquor board approves our permit, why object? They know the circumstances and see that it has been solved.
40
The Faire Gallery Cafe is just around the block from me. They are the best addition to my part of the hill in many years. Its a very pleasant, upstanding, and quiet establishment which attracks a nice crowd.
It all sounds a little racist to me.
It all sounds a little racist to me.
41
A clarification:
The brief mention of public defenders abandoning clients was not intended to disparage public defenders. Indeed, they keep the likes of us Stranger employees out of jail.
However, the description of these legal servants was not taken out of thin air, but from documents involved in this case. Paul Cullen, an attorney retained to determine why a warrant was issued for Mr. Drayton, sent a letter on July 9 to Mrs. Drayton’s attorney, David Osgood. In it, Cullen wrote: “Late compliance issues regarding relatively minor executive functions are very common in municipal courts. This is particularly true in public defense cases where the overworked lawyers withdraw immediately after resolution and before probationary conditions are embarked on or met.”
The brief mention of public defenders abandoning clients was not intended to disparage public defenders. Indeed, they keep the likes of us Stranger employees out of jail.
However, the description of these legal servants was not taken out of thin air, but from documents involved in this case. Paul Cullen, an attorney retained to determine why a warrant was issued for Mr. Drayton, sent a letter on July 9 to Mrs. Drayton’s attorney, David Osgood. In it, Cullen wrote: “Late compliance issues regarding relatively minor executive functions are very common in municipal courts. This is particularly true in public defense cases where the overworked lawyers withdraw immediately after resolution and before probationary conditions are embarked on or met.”
42
What the fuck does Faire Gallery have to do with nightlife? They already have beer & wine but I've never heard of anyone but staff closing the place and you point out right in your article it's not about to become a full-fledged bar....
43
Mr. Holden: That's not abandoning a client. It does disparage public defenders. It's inaccurate. Cullen doesn't even say that. You did.
44
You really need to work on facts, Dom. Almost every defendant in Operation Sobering Thought avoided convictions by taking settlements that amounted to a probationary period. In those cases they stipulated that the police reports were accurate meaning that if they did not 'pass' their probation they would have an almost certain conviction when the case went to trial. The cases were actually very strong with only one or two where there were slight inconsistencies that might have jeopardized the cases.
Not ending up with a conviction is a far cry from a "sloppy" operation.
Asking for extraordinarily stiff sentences (1 year) might be grounds to knock Carr but your post is VERY liberal with its representation of the truth.
Not ending up with a conviction is a far cry from a "sloppy" operation.
Asking for extraordinarily stiff sentences (1 year) might be grounds to knock Carr but your post is VERY liberal with its representation of the truth.
45
Stop the war make love and dont drink and drive :)
here is a new App for Promoters and Party goers, NightLifeApp.com
Post your events so people can find your nightlife venues right form their mobile phone they can even RSVP in one touch.
here is a new App for Promoters and Party goers, NightLifeApp.com
Post your events so people can find your nightlife venues right form their mobile phone they can even RSVP in one touch.
46
@ 19 and everyone else defending public pretenders- I WAS ABANDONED BY MY PUBLIC DEFENDER! Not once, but twice on the same bs case. And yes, it was bs because I was sober. I had given a ride to a friend the day before who had some strong smelling pot on him, and the next day I got pulled over for a ticket. The cop smelt the pot, accused me of being stoned (when I had not smoked for days) and took me to the UW hospital where they drew my blood. Despite me being stone cold sober and being extremely cooperative, because I had THC in my blood, I got a DWI. Unbelievable.
I jumped through their hoops to get a deferred prosecution. I went to their treatment classes (they cost me 12K), I did the community service in a timely fashion, and went to many, many court dates. They messed up sending my court dates TWICE, and I got two bench warrants because of it. Once, my public defender had left my case to move on to something bigger- he told me from his own mouth- (he ABANDONED my case to move onto a "better" one) and my court date never got sent to me and the PD never told me about my court date since he had fucking ABANDONED me! The "new PD" who was then assigned never ever contacted me despite me leaving her various messages to call me, and when I went to court to deal with the warrant I was on my own. No attorney, no public defender, nothing. The judge was angry that I didn't have council with me, and ordered me to find my attorney (again, blaming me because they had switched PD on me and their new one never would call me back) and therefore I had to go set ANOTHER fucking court date!
Second warrant - they never even bothered to send me or my public defender a court date. I found out I had it three years after the case when I was the victim of a hit and run. The reason I had the court date in the first place was because the court said the never got my proof of community service. WOW. I turned in proof of completion a month after initially being assigned to do it- a copy to my community service officer and a copy to the court clerk. Well, I had got a court date sent to me 6 months later where the court claimed I never did it and they were trying to send me to jail. So I went and brought them back MORE copies and had to contact the Volunteers of America so they could notarize the dates.
3 fucking years later I got hit by some frat boy who fled the scene in his SUV and as I was waiting for medics the cop told me I had an outstanding bench warrant for missing a court date. I called an attorney, had to dole out 2K and had to go back to court. I had to leave Obama's speech at Key Arena to make my court date -I only heard about five minutes of his speech- what a bummer.
All because the courts said they never fucking had proof of my community service! AGAIN.
It was serious bs.
The courts want to keep people in their system as long as possible cause its their moneymaker. Its a also an imperfect system with thousands of people involved everyday, so mistakes, folks, are undeniable. And I am not a rare case, these court paper mix ups happen quite often considering what overheard at the many cases I sat through.
More...
I jumped through their hoops to get a deferred prosecution. I went to their treatment classes (they cost me 12K), I did the community service in a timely fashion, and went to many, many court dates. They messed up sending my court dates TWICE, and I got two bench warrants because of it. Once, my public defender had left my case to move on to something bigger- he told me from his own mouth- (he ABANDONED my case to move onto a "better" one) and my court date never got sent to me and the PD never told me about my court date since he had fucking ABANDONED me! The "new PD" who was then assigned never ever contacted me despite me leaving her various messages to call me, and when I went to court to deal with the warrant I was on my own. No attorney, no public defender, nothing. The judge was angry that I didn't have council with me, and ordered me to find my attorney (again, blaming me because they had switched PD on me and their new one never would call me back) and therefore I had to go set ANOTHER fucking court date!
Second warrant - they never even bothered to send me or my public defender a court date. I found out I had it three years after the case when I was the victim of a hit and run. The reason I had the court date in the first place was because the court said the never got my proof of community service. WOW. I turned in proof of completion a month after initially being assigned to do it- a copy to my community service officer and a copy to the court clerk. Well, I had got a court date sent to me 6 months later where the court claimed I never did it and they were trying to send me to jail. So I went and brought them back MORE copies and had to contact the Volunteers of America so they could notarize the dates.
3 fucking years later I got hit by some frat boy who fled the scene in his SUV and as I was waiting for medics the cop told me I had an outstanding bench warrant for missing a court date. I called an attorney, had to dole out 2K and had to go back to court. I had to leave Obama's speech at Key Arena to make my court date -I only heard about five minutes of his speech- what a bummer.
All because the courts said they never fucking had proof of my community service! AGAIN.
It was serious bs.
The courts want to keep people in their system as long as possible cause its their moneymaker. Its a also an imperfect system with thousands of people involved everyday, so mistakes, folks, are undeniable. And I am not a rare case, these court paper mix ups happen quite often considering what overheard at the many cases I sat through.
47
If you're ever arrested in Lynnwood, don't use the attorneys Feldman and Lee, the contracted public defenders. They don't return calls yet bill for the time it took to listen to your voice mail, they grossly misrepresent your options in order to get you to plead the way they want, refuse to do anything with your evidence that you're innocent of charges, treat you like you're trash by never looking you in the face and yelling at you from up the hall that your appointment's ready, they keep "forgetting" to work on your case which means that you have to come back month after month to court and they get to bill more hours to your case. Another reason they "forget" to work on your case is so that you get frustrated after months of this and just plead guilty. I could go on about this duo forever-- they are not working in their public clients' best interests.
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