ABRA Oversight Hearing
Agency Performance Oversight Hearings on Fiscal Year 2014-2015
Committee on Business, Consumer, and Regulatory Affairs
February 20, 2015
Testimony of Sarah Peck
Chairman Orange, thank you for joining us on a wintery night last year to witness the high noise levels coming from clubs located in Dupont Circle.
Since that noisy night, there has been improvement. We negotiated settlement agreements with Rosebar and 18th Street Lounge to enclose their outdoor venues. We obtained two ABC Board orders that require Ozio and Dirty Martini to stop producing exterior noise. It remains to be seen if ABRA will enforce these orders.
The DC Nightlife Noise Coalition recently sent a letter to Mayor Bowser, AG Racine, Police Chief Lanier, Councilman Evans —and you —requesting enforcement of existing noise laws. The letter was signed by several citizens groups and ANC commissioners, who represent thousands of residents. We did not receive a response from any of our elected representatives.
Our letter to the Mayor, and also our recommendations to improve ABRA regulations, are attached to my testimony. For the benefit of those who did not see the letter, here is a summary:
Dear Mayor Bowser and Attorney General Racine:
We are writing to address a serious concern 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.
The solution is simple: (1) the District should stop granting licenses that allow clubs to produce amplified music outdoors, and (2) clubs should be financially sanctioned when they violate the noise law. Yet these steps have not been implemented. As a result, citizen’s groups report that nightclub noise remains a top concern among their members.
The letter explains that weak enforcement is caused in part by lack of leadership and regulatory dysfunction, and offers recommendations. We conclude that 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 urge the Mayor to take following steps:
oHost a public hearing on nightclub noise.
oAnnounce that enforcement of the noise laws is a top priority and require the responsible agencies to provide their plans to improve compliance and enforcement.
oHire an independent, qualified consultant to investigate the District’s current noise enforcement regime, identify model laws and best practices, and draft recommendations for reform.
oRestructure the regulatory framework to ensure that one agency is responsible for enforcing the noise law, and is held accountable.
oTake immediate steps to improve enforcement.
Chairman Orange, you heard excessive noise emanating from clubs in Dupont Circle. You heard residents explain how they could not get relief from ABRA. The residents of our nation’s capital deserve nothing less than enforcement of existing laws. I urge you to implement our recommendations. Thank you.