FOR IMMEDIATE RELEASE: December 3, 2012
CONTACT: Parisa Norouzi, (202) 234-9119 x 100
TESTIMONY IN IVY CITY VS. MAYOR GRAY CLOSES, RULING BY DEC 10
Final day of testimony included Deputy Mayor Hoskins, expert witnesses
On Thursday, November 29th Judge Judith Macaluso presided over the final day of testimony in Bennett, Vaughn et al Vs. Mayor Vincent Gray and the Union Station Redevelopment Corporation (USRC), the case to "Let Ivy City Breathe." Witnesses were heard from 9 AM to 6 PM, with closing arguments from the plaintiff's due today (Monday) in writing, statements from the defense due Thursday morning, and a ruling promised no later than Monday, December 10th.The first witness called to the stand Thursday was Deputy Mayor for Planning and Economic Development Victor Hoskins who was subpoenaed to appear by the plaintiffs. Hoskins claimed ignorance on most accounts, saying that as Deputy Mayor he oversees dozens of projects and deferred to his Project Manager, Michael Durso. Durso testified later in the day, claiming to have engaged the community and addressed their concerns. (See Jonathan O'Connell piece for more on Hoskins' testimony: http://tinyurl.com/csrffgc )
Plaintiffs' witnesses included Denise Johnson, 42, who lives a half block from Crummell School on Providence St, NE. Denise wore a portable oxygen machine as she spoke about her respiratory ailment, which forces her to use an oxygen machine at all times. She represented the over 40 households within a few blocks of the site who among them include 130 children and adults who suffer from asthma or other respiratory illness, according to a community survey conducted by Empower DC. At least three residents in the immediate area utilize oxygen machines.
The plaintiffs' expert witness was Dr. Vernon Morris of Howard University, who spoke about air quality testing he undertook and the results he analyzed from 10 days during October 2012. Dr. Morris identified that Ivy City's current air quality conditions during that time indicated particulate levels at 70% of the EPA limits. During the same time period particulate levels exceeded EPA limits many times, including during rush hour which is effected by traffic along New York Ave, NE. Dr. Morris's expert opinion was that the addition of dozens of diesel-burning buses would further deteriorate air quality, impacting human health. The peak of tour bus season throughout the hot days of summer could create a particularly dangerous environment for residents.
Remetter C. Freeman, alumna of Crummell School class of 1942 shared her experience as part of a team of residents and alumni who won historic designation for the school in 2002. The School was later placed on the National Registry of Historic Places. Federal law requires environmental impact statements for actions undertaken on historic sites, in cases where state law doesn't already provide for it.
George Rothman, President of Manna Inc. was also subpoenaed by the plaintiffs. Rothman had previously provided a letter of support for the Ivy City case, saying that as one of three nonprofit developers currently building affordable homes in the community and having been engaged in that process with the city for five years or more, the city's actions constituted a "breach of trust and misrepresentation." New homeowner Peta-Gay Lewis testified earlier in the hearing to being stuck with a 15 year covenant on her home, now across the street from the proposed bus lot. The Mayor attended the opening of her home earlier this year prior to announcing the bus lot proposal. Ms. Lewis has a daughter with asthma and fears for her health, and is also concerned about her property values.
The defense called several witnesses, starting with their rebuttal expert witness, Dr. Rama Seshu Tangirala head of the Air Quality Division in DC's Department of the Environment. Tangirala testified that the city has three permanent monitoring stations that are not near Ivy City (McMillan Reservoir, River Terrace Elementary and Haines Point) and at these stations particulates do not exceed EPA levels. Dr. Tangirala claimed to have no knowledge of a 2006 EPA report that examined the problem of charter bus idling in DC, saying that the average bus idles a full hour when the regulations forbid idling over 3 minutes.
The defense also called Michael Durso, as mentioned above, the former Project Manager of the Crummell Project, and wrapped up their case with attorneys from Covington Burling, representing USRC, calling Nzinga Baker, a representative of USRC. Ms. Baker's testimony attempted to characterize USRC's actions in the community as positive, stating that they turned a packed gravel lot full of trash and potholes into a nicely paved surface. Ms. Baker claimed to have an interest in engaging with the community and spoke to attempting to do so at a September 2012 ANC 5B meeting, however that meeting came several months after construction had already begun and Ms. Baker nor any other rep from USRC ever attempted to contact the community at any other time, outside of September meeting which was cut short because of community outcry.
Both sides will prepare written closing arguments with the plaintiffs' documents due by Monday at noon and the defense by Thursday morning. Judge Macaluso pledged to make a ruling no later than Monday, December 10th, noting that should she rule in favor of an injunction the city and USRC will need to move swiftly to identify other sites to accommodate tour buses expected to descend on the city for the upcoming Presidential Inauguration.
On Friday, Ward 5 Councilman Kenyan McDuffie appeared on the Kojo Nnamdi show on WAMU 89.5 FM and spoke in support of the Ivy City community. Reporter Tom Sherwood pressed the Councilman about what actions he would take to ensure that the bus lot is relocated and Crummell School is restored (listen at: http://thekojonnamdishow.org/audio-player?nid=22507)
Empower DC and the Ivy City Civic Association have assembled a team of stakeholders able and willing to lead the redevelopment of Crummell School should the Mayor allow the group to move forward. The parties include City First Enterprises, a community development entity, architecture firm Stoiber and Associates and the workforce development collaborative Work Place DC. During a forum in October, at which Deputy Mayor's representatives were in attendance, City First and others enthusiastically spoke to being eager to engage in the restoration and reuse of Crummell.
The Ivy City Civic Association and Empower DC expect a positive ruling, yet vow to continue actions to stop further dumping on Ivy City and win restoration of Crummell School through any means necessary. The community is hopeful that when the Judge rules in favor of an injunction, the Mayor will seek to rectify the city's position and work with the community to realize the promised and desired revitalization and greening of Ivy City, and the rebirth of the cherished Crummell School.
For more information contact Parisa Norouzi, Empower DC, (202) 234-9119 x 100.
COVERAGE OF JUDGE MACALUSO'S VISIT TO IVY CITY:
NBC 4 Video News Coverage:
FOX 5 Video News Coverage:
WJLA 7 News Coverage:
Washington Post Print Coverage:http://www.washingtonpost.com/blogs/mike-debonis/wp/2012/11/27/ivy-city-inequity/
WTOP Coverage:
http://www.wtop.com/109/3134047/Ivy-City-residents-sue-over-proposed-bus-depot
See the Washington Post's coverage of this significant Environmental Justice case:
Nov 14: Black-on-black injustice in Ivy City
August 12: Ivy City, tired of being a D.C. 'dumping ground,' takes on Gray over bus depotCASE BACKGROUND:
Website of Attorney Johnny Barnes
http://www.livingwiththelaw.com/index.php?page=news-2#ivy-city
CITY PLANNING DOCUMENTSResults of the Neighborhood Stabilization Program planning, 2011
http://www.peopleplandc.org/ivy-citytrinidad
Digital reimaging of Crummell School
Greening Report
http://www.peopleplandc.org/wp-content/uploads/2011/11/Ivy-City_Trinidad-Greening-Report-102011.pdf
NEWS COVERAGENov 14: Black-on-black injustice in Ivy City
Nov 14: Video of Rally before Court Hearing
http://www.liveleak.com/view?i=ee6_1352852848
August 12: Ivy City, tired of being a D.C. 'dumping ground,' takes on Gray over bus depot
JOB TRAINING NOT PARKING AT CRUMMELL SCHOOL, CAMPAIGN MATERIALS:Video for Job Training NOT Bus Parking at Crummell School: http://tinyurl.com/IVYCITYvideo
Online Petition for Job Training Not Bus Parking at Crummell: http://tinyurl.com/ivycitypetition
HISTORIC INFORMATION ABOUT IVY CITY/CRUMMELL SCHOOL:15-minute documentary, Crummell School History: http://www.youtube.com/watch?v=AU4GBfozny0&list=UUoFgQR86MULIWqKs4wHnFjQ&index=14&feature=plcp
Ivy City History Project Booklet: http://www.wdchumanities.org/docs/hrc/ivycitybooklet.pdf
Parisa B. Norouzi
Executive Director
Empower DC
1419 V St, NW
Washington, DC 20009
__._,_.___
Reply via web post Reply to sender Reply to group Start a New Topic Messages in this topic (1) To Post a message, send it to: ward5@eGroups.com
To Unsubscribe, send a blank message to: ward5-unsubscribe@eGroups.com![Yahoo! Groups]()
.![]()
__,_._,___
--
R. Ramson
3744 12th Street, N.E.,
Washington D.C., 20017
202-438-5988
"We must become the change we want to see" - Mohandas Gandhi-
(Together, for a Brighter Tomorrow)
--
WardFive@googlegroups.com is open to WardFive residents for community discussion and information sharing.
To post to this group, send email to wardfive@googlegroups.com
To unsubscribe from this group, send email to wardfive+unsubscribe@googlegroups.com
For more options, visit this group at http://groups.google.com/group/wardfive?hl=en
0 comments:
Post a Comment