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Hypocrisy at City Hall

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10/09/09   City Hall Support Depends on Who You Know.

For almost a year, I've been ranting about what happened to Woodard Paint & Body at the hands of Lying Neil Emmons (Plan Commission) and Councilwoman Angela Hunt.  An established Dallas business that delivered a legal and needed service to East Dallas and Downtown car owners will be forced to close its doors in December, 2010.

Woodard Paint & Body employs over 50 people with good paying salaries.  Some of their employees have never worked anywhere else.  In this economy with our city sales taxes and property taxes in decline, a respectable business that has been the key to stability on Ross Avenue has been told to take a hike.

Do you know why Woodard Paint & Body is being forced to close its doors on Ross Avenue?  Some elitists who live in Bryan Place want coffee shops and boutiques on Ross Avenue.  The elitists think closing Woodard Paint & Body will make their walk to the Meyerson safer.  I swear that was some of their testimony!  Many people in Bryan Place wrote letters in support of Woodard Paint & Body, but their pleas fell on deaf ears -- because Woodard's enemies are more connected and influential.

  Neighborhood markets selling farmers' wares told they need permits by SHERRY JACOBSON,  Saturday, Oct 3 2009
Farmers markets offering fresh produce and home-baked goods to residents eager to support the "buy local" food movement were popping up in Dallas neighborhoods all summer.

Problem is the handful of markets may not be legal, according to the city's food protection and education division.

One popular Saturday-morning market was forced to close after a farewell sale last week. The city had cited it a week earlier for lacking a permit to sell raw, uncooked or processed food in the parking lot of the Celebration restaurant on West Lovers Lane.

... The permit, which allows an applicant to set up a temporary food-service establishment, costs $150, plus $5 for each vendor, and can be used only once every three months.

Most of these outdoor markets want to operate weekly or, at least, monthly. Their operators say they are worried they also will be closed down by the city.

"They haven't come knocking on our doors, but I know they're going to come and they're going to ask us for these permits," said Sarah Perry, an organizer of the monthly White Rock Local Market, which lacks a food permit but plans to operate until December.

"Our vendors are licensed and certified to sell the food they're selling," she said. "But we don't have a separate license to sell food at our location."

Ahsan Khan, manager of the food protection division, said the city cannot allow outdoor food markets to operate if they lack hot running water so vendors can keep their hands clean as well as mechanical refrigeration to keep certain foods cold or frozen.

"There is a strong possibility of something going wrong, and it could lead to cross-contamination of food," Khan said. "Our basic thing is we need to protect public health."

Asked if he planned to root out the other neighborhood markets, Khan said, "If you let us know where they are, we will."

In their defense, the market operators said they had asked the city food division about getting permits to operate. But each query got a different answer, they said.

Lowe said a city employee had insisted his outdoor market didn't need a separate permit, since he already was operating a licensed restaurant and indoor market on the same property.

"She said the permit for the restaurant and market was sufficient as long as we're not serving food" in the parking lot, he recalled.

Celebration's farmers market opened May 30 and eventually was attracting several hundred customers. It also caught the attention of the local news media, including The Dallas Morning News, which reported on its food offerings and growing popularity.

All was going smoothly until someone called the city health department last month to complain about a dog being allowed on Celebration's outdoor patio, which also requires a city permit.

When an inspector showed up Sept. 19, the market was in full swing and Lowe was told he needed a permit to continue operating, even though the vendors were not serving food.

"Certainly we don't want to do anything that would jeopardize public health," he said. "And I also don't want to get into an adversarial relationship with the health department."

In recent years, outdoor markets have become increasingly popular as people seek to buy fresher foods from local farmers than they can get at the grocery store.

Most small towns, and even some suburbs, have opened their own outdoor markets. ...

When Woodard Paint & Body's SUP (Special Use Permit) application was to be heard by the P&Z, they were warned by Lying Neil Emmons not to speak at all, for or against his plans to shut them down in December, 2010.  He told them he would move their case be denied WITH PREJUDICE if they spoke.  Since the P&Z works like Don Hill's city council where the district representative has the sole voice regarding cases in their district, Woodard had no choice but to accept the crumbs offered.  Woodard was effectively denied a public hearing for his application, which violates state law.  The wrong continued at city council, where Angela Hunt let Emmons' illegality continue.  No one on the council came to Woodard's defense like was done for Hollywood Overhead Door (Tom Pierce).  Councilman Rasansky was shut out because he owns some property on Ross Ave.  Mayor Laura Miller was not there because she is now a private citizen. 

Woodard Paint & Body was a licensed business with all the appropriate permits.  It was not violating any city health codes or even zoning ordinances -- not until Emmons and Councilwoman Hunt changed its zoning.  So, it was particularly annoying to me to read the blog headline on UnFairPark:

  Angela Hunt Tells Council and City Manager of City's Permit Process: "I Hate to See the City Have a Hand in Shuttering Any Businesses." 
UnFairPark by Sam Merten, Saturday, Oct 3 2009
In response to DMN'er Sherry Jacobson's story about the city's frustrating permit process and its effect on neighborhood farmers markets, council member Angela Hunt has requested the investigation of the permitting processes in other cities so the city council can consider changes as soon as possible.

Ed Lowe, owner of the Celebration restaurant on West Lovers Lane, recently saw a farewell sale at the Saturday-morning market in the restaurant's parking lot because the city cited it for lacking a permit. He told Jacobson that he reached out to city officials, including several city council members, but didn't get a response.

Hunt e-mailed her council colleagues, their assistants, City Manager Mary Suhm and assistant city managers Ryan Evans, Jill Jordan and A.C. Gonzalez late this morning.

Buying local produce and locally-made goods helps small businesses and our environment. However, several neighborhood farmers markets have been closed due to lack of proper city permits:

Neighborhood markets selling farmers' wares told they need permits - http://www.dallasnews.com/sharedcontent/dws/dn/latestnews/stories/
100309dnmetmarkets.3c7b0d9.html

While it's important that we ensure proper health and safety for our food, I suspect our permit process may not have caught up to this new means of selling food locally. I would like staff to investigate the permitting process in other cities with successful, non-centralized farmers markets, and provide this information to the council so we can consider permit changes as soon as possible. With the economy in the state that it's in, I hate to see the city have a hand in shuttering any businesses.

Please advise of the time frame for this information.

Angela Hunt
Dallas City Councilmember for District 14

Excuse me?  "I hate to see the city have a hand in shuttering any businesses?"  She's coming to the defense of these fly by night, illegal operations, but she has terminated Woodard Paint & Body's right to do business on land they have owned for decades.  Woodard is the workplace of over 50 longtime employees.  They have customers and supporters who want them to continue their LEGAL business.  The difference is that the people who want the illegal fruit stands operating are connected friends of Angela Hunt and Woodard's supporters are not part of her inner circle.

I don't care whether the fruit stands stay open or not.  I buy fresh produce at Sprouts and various grocery stores.  I can't remember the last time I ate at Celebration.  So, I don't have a dog in that hunt, except for the hypocrisy. 

It's hypocritical for the city to be going after stands that sell raw and uncooked vegetables and fruit when we have nasty taco stands all over town, out in front of hardware stores and gas stations (Royal @ Dennis) -- with no running water to wash the vendors' hands.  Anyone who complains about these unsanitary taco operations is branded as racist.  Ice cream vendors peddle around Northwest Dallas selling lots of stuff besides refrigerated ice cream.   Do you think anyone at City Hall is checking all of them for valid licenses and/or permits?

I don't care whether the taco stands stay open or not.  I would never buy anything from any of them.   I do occasionally buy an ice cream from the peddlers as they ride down my street.

The problem is we have laws in this city, and they are being violated.  We need to enforce the laws or repeal them.  My preference is to enforce health and safety laws, not make excuses for illegal operators. 

Woodard Paint & Body wasn't breaking any laws.  They were made illegal by City Hall because some artsy fartsy elitists don't want cars repaired on Ross Avenue, even though the business was there for decades before the elitists moved to the area, or probably moved to Dallas.  No one is stepping up to buy Woodard's land to open up a business acceptable to Hunt or her elitist friends.

Ed Oakley's part in Bill Blaydes efforts to steal Jack Pierce's land by changing his zoning came back to haunt him when he ran for Mayor.  See: 
Blaydes & Co.'s Attempted Land Grab.  It was the main reason I could not support someone I considered a close friend.  It was a ruthless scheme that Ed should have opposed, as Mitch Rasansky, Laura Miller and even Angela Hunt successfully blocked. 

Angela Hunt opposed putting Overhead Doors (Jack Pierce) out of business and opposes closing down illegal fruit stands, but she was the decision maker in terminating Woodard Paint & Body's lawful use of their property, as they have done for decades.  She could fix a terrible wrong, but she will not -- yet, she makes this public outcry in defense of illegal operators.

Hypocrisy!

sb
 

                                        

    





                            

 

  Ward politics is the Devil's key to the soul of the city council.  It is how some council members got themselves in trouble in the past.  It is the bait that will get others in trouble in the future. 4/6/8