December 17, 2014
The Honorable Muriel Bowser
Mayor of the District of Columbia
The Honorable Karl Racine
Attorney General of the District of Columbia
Dear Mayor Bowser and Attorney General Racine:
Congratulations on your election. We are writing to address a serious concern that was ignored
by the Gray administration and that undermines the quality of life in the District: nightclub noise.
Washington has a good noise law on the books, but the law is not enforced. Pursuant to the DC
Noise Control Act, night clubs cannot produce amplified sound outside of their establishments in
excess of 60 decibels at night, even in commercial zones. Yet clubs routinely produce excessive
noise that disturbs residents, and District officials do not stop them. A law that is not enforced is
no law at all. We are writing to urge you to focus on improving club noise enforcement.
For years, District residents have unsuccessfully urged the Mayor’s office, Council members,
ANC commissioners, and the responsible agencies — The Alcoholic Beverage Regulatory
Agency (ABRA), the Department of Consumer and Regulatory Affairs (DCRA), and the Metropolitan Police (MPD) — to improve enforcement of the District’s noise laws. The problem
worsened when clubs began to install roof decks to provide places for their customers to smoke
after the change in smoking laws. Then the clubs added amplified music to these outdoor spaces,
sending club-volume sound into the surrounding neighborhoods. Without regard to the 60decibel limit on exterior noise, and despite protests from residents, the ABC Board continues to
grant “entertainment endorsements” for these outdoor spaces. In other words, the Board issues
licenses to clubs to engage in activities that de facto violate the law.
The solution is simple enough: (1) the District should stop granting licenses to clubs to produce
amplified music outdoors, and (2) clubs should be financially sanctioned when they violate the
noise law. Yet these simple steps have not been implemented. As a result, citizen’s groups report that nightclub noise remains a top concern among their members.
The weak enforcement is caused in part by lack of leadership and regulatory dysfunction:
o
Lack of leadership: Three agencies (ABRA, DCRA, and the MPD) are all responsible for enforcing the noise law, but none are held accountable. ABRA created an interagency “Noise
Task Force,” which has issued only a handful of violations despite a city filled with noisy
clubs. Recommendation: One agency should be fully responsible for enforcing noise laws.
o
District agencies lack noise meters: DCRA has noise meters but does not work at night.
ABRA lacks noise meters. The police also lack noise meters, and are not trained to respond
to noise complaints even though they enforce other legal violations at clubs. Despite the proliferation of low-cost, easy-to-use noise meters, meter readings taken by residents are rou-
tinely ignored by the ABC Board, as are readings taken by professional sound engineers.
Recommendation: The District’s regulations governing the use of noise meters need to be
updated and the agency responsible for enforcing club noise should be adequately trained
and equipped.
o
ABRA enforcement is inadequate: ABRA’s enforcement technique, i.e., to enter residents’
homes in the middle of the night, is disruptive and has produced inadequate results. ABRA
offices are not staffed on Sunday nights, despite numerous complaints from residents about
noise on that night. ABRA’s materials for licensees do not explain the noise laws. Indeed,
two publications currently on ABRA’s web site (Best Practices for Nightclubs, and Quick
Guide for Nightclubs) do not mention noise. Clubs with multiple ABRA noise violations are
permitted to continue operating. Recommendation: ABRA should proactively work with
clubs to ensure that they understand the law and take adequate steps to abate their noise.
We need improved training for licensees, better enforcement techniques for ABRA, and stiff
penalties for violators. Repeat violators should lose their entertainment endorsement.
o
The District lacks adequate zoning: The District does not restrict where nightclubs may be
located nor prevent restaurants from morphing into nightclubs. As a result, unwanted nightclubs pop up in previously quiet residential neighborhoods. Recommendation: Zoning restrictions and planning is needed to promote the responsible establishment of restaurants
and clubs and to protect the rights of residents.
o
The protest process does not protect residents: The protest process is so time consuming and
legally complex that residents have difficulty protecting their neighborhoods. The process
favors business interests over the legitimate concerns of residents. Recommendation: A
streamlined process that is less burdensome on residents is needed.
o
The District must address noise as a negative externality. Excessive noise is a negative externality as an economic matter. The District must develop and enforce policies to mitigate
the externality. Recommendation: Impose economic costs, such as high fees for entertainment endorsements and steep fines for noise violations. This will limit the number of clubs
that seek endorsements and provide incentives to comply with the law. It will also raise revenues for the District, a portion of which could be used for enforcement and education.
In sum, the goals of promoting successful businesses and livable communities are not mutually
exclusive. But to achieve both, the DC Noise Control Law must be enforced. We therefore request you to take following steps — at a minimum — within thirty days of taking office:
Host a public hearing on nightclub noise.
Announce that enforcement of the noise laws is a top priority and require the responsible
agencies to provide their plans to improve compliance and enforcement.
o Hire an independent, qualified consultant to investigate the District’s current noise enforcement regime, identify model laws and best practices, and draft recommendations for reform.
o Restructure the regulatory framework to ensure that one agency is responsible for enforcing
the noise law, and is held accountable.
o Take immediate steps to improve enforcement.
o
o
Please contact Sarah Peck or Abigail Nichols for more information (sarahpeckesq@hotmail.com
and Abigail_Nichols@hotmail.com). We are currently obtaining formal resolutions of support
from several neighborhood groups and ANCs, and will send them to you as they are received.
Thank you for your consideration, we look forward to working with you. We believe this issue
provides an opportunity for an early and important win for the Bowser administration.
Very sincerely yours,
The DC Nightlife Noise Coalition
Abigail Nichols, ANC2B Commissioner, Co-founder DC Nightlife Noise Coalition
Sarah Peck, Co-founder DC Nightlife Noise Coalition
Carl Nelson, Co-founder DC Nightlife Noise Coalition
Robin Diener, Co-founder DC Nightlife Noise Coalition
Dupont Circle Citizen’s Association
Sara Green, ANC4B-01 Commissioner
Jackie Blumenthal, ANC3B-02 Commissioner
Jim King, President Palladium Condominium Association, Resident ANC2B
Anne Kappel, Vice President Jefferson Row Condominium Association, Resident ANC2B
John W. Garland, President Emeritus Central State University
Joan Sterling, Shaw Dupont Citizens Alliance (SDCA)
Andrea Ridenour
Golda Philip
Ben Ball
Please visit our website: www.dcnightlifenoise.com