How To Make Sure No One Pays Attention To The Good Stuff You Do

Now that the Westover Market Beer Garden's conditional live music permit has been approved, up next on the Arlington County Board's agenda of unsolvable issues: At what temperature should we set the thermostat?

I kid, and I don't mean to dwell on a hyper-local issue. But I do want to point out that while The Green Miles, the Examiner, ArlNow.com, and TBD were focused on whether Arlington County would really ban the playing of Jack Johnson covers in Westover, a much more critical action by the board has gotten far less attention. (Notable exception on that list of media outlets: The Washington Post, which apparently covers Arlington County so little it's forgotten the "C" is capitalized.)

Last night the County Board also accepted the Arlington Community Energy & Sustainability Task Force's final report:

The Community Energy and Sustainability Task Force’s comprehensive long-term energy planning vision for Arlington includes 18 recommendations and strategies covering many energy-related issues. Among those recommendations and strategies:

• Improving energy efficiency in new and renovated residential and commercial buildings
• Managing building operations to reduce energy costs
• Deploying district energy and combined heat and power systems in the County’s high-density areas
• Investing in alternative energy sources such as solar photovoltaics
• Continuing the County’s efforts to encourage use of mass transit and to work with employers to encourage cycling, walking, public transit and vehicle pooling

The task force recommended a goal of reducing greenhouse gas emissions from today’s 13.4 metric tons carbon dioxide equivalent per capita per year to 3.0 metric tons per capita per year by 2050. If a regional energy plan is put in place, the task force advocates achieving 2.2 metric tons per capita per year.

That's what everyone should be talking about today. Arlington County will cut its carbon pollution, jobs in energy efficiency will be created, and Arlington residents will save boatloads of money on their energy bills.

But when you do stuff that's really ridiculous & silly at the same time you do stuff that's really good & important, people tend to focus on the ridiculous. Like, say, trying to ban kids from dancing.

No, really - the Westover Market Beer Garden live music permit includes this: "Patrons and performers will be prohibited from dancing, unless the Market applies for and obtains a Dance Hall Permit."

The Footloose jokes are already flying fast & furious over on Facebook.

The Dangers of Regulating Things That Annoy Some People

UPDATE: The Arlington County Board has approved a conditional live music permit for Westover Market Beer Garden

During the more than two hours of discussion on Saturday by the Arlington County Board over a live music permit for the Westover Market Beer Garden, there was a brief moment of clarity. County Board Member Chris Zimmerman pointed out that the Arlington County code on noise control (PDF) doesn't just provide decibel limits. It also prohibits any noise that "Annoys or disturbs a normal person of reasonable sensitivities." Zimmerman shook his head and said, "How is county staff supposed to enforce THAT?"

The hearing displayed the constraints of using the law to limit things that are impossible to measure. Much like trying to determine the height at which neighbors will cease to be annoyed by windmills or the number of stories at which a building fits a neighborhood's character, trying to write a law that will prevent everyone from being annoyed by all forms of noise in an urban area is a quixotic effort.

But that's not stopping the Arlington County Board from trying! At Saturday's meeting, the Board neither accepted the county staff's recommendation to deny the live music permit nor accepted the compromise plan endorsed by all four local civic associations and supported by a vast majority of local residents. Instead, at today's meeting the Board will apparently continue twisting itself into knots in attempts to placate the literal handful of neighbors still opposed to the compromise.

Barbara Favola complained the board could not better regulate the noise from a crowd that was singing along or clapping to the music. Walter Tejada lamented the board could not legislate the effect of wind on noise. And a recurring theme was that board members wished they could regulate people talking loudly as they walked home - as if that wasn't simply a part of living in an urban area, but a nuisance that could be legislated away.

The craziness might've peaked when an anti-live music neighbor claimed he could hear the music in his living room with the windows closed over his television ... 1/5th of a mile away. Keep in mind 65 decibels (the level proposed in the compromise plan) is barely above conversation level.

One civic association president who testified in favor of the live music permit at the Beer Garden pointed out that if there was no live music in Westover, there would still be plenty of the same noise we all accept in choosing to live in an urban area - cars, trucks, planes. It would just be much less pleasant.

What there would be less of is the unique sense of culture and community that live music offers. "There's just no substitute for live music," a Westover-area violin teacher told the board. And a speaker at Saturday's hearing pointed out that children just don't respond with the same joy to taped music as they do to live music.

Look, I'm a firm believer in the ability of the law to protect consumers and safeguard our health. But when you try to use the law to regulate people's happiness, you're going to wind up creating rules that are impossible to enforce and leave no one happy.

Ask The Arlington County Board To Support Live Music

There's a compromise on live music at the Westover Market Beer Garden that both the Beer Garden owners and the Westover Civic Association support. But will that be enough for the Arlington County Board to give its approval?

A fan of the Beer Garden writes with details of the compromise:

The basic compromise is that the Beer Garden would have live entertainment Fri and Sat nights (6-10) and some Wednesday open-mic nights (6-8), so long as the Market complied with the decibel limits set out by the county noise ordinance. It was decided not to focus on what type of noise is permissible (TVs or no TVs, drums or no drums, acoustic or amplified), but rather the decibel limit. Also it is the responsibility of the Westover Market to ensure that its entertainment comply with those limits or risk losing their permit.

The compromise was approved at a Westover Civic Association meeting with an astounding 90 out of 109 votes. Another 13 people supported live music with additional restrictions, and 6 people voted to oppose music under any circumstances.

With that kind of overwhelming community support, what is the county worried about? The fan of the Beer Garden gives his take on what a county liaison told the meeting:

Even though the Westover neighborhood is strongly in favor of the Beer Garden's music permit, the county is most concerned about setting precedent for the rest of the county by allowing live music at the Beer Garden. [...]

What was most frustrating is that the members of the community debated with each other at length to find a compromise that nearly everyone supports only to learn that the county is more concerned with the precedent than what the neighbors want.

Given that Westover Market Beer Garden is bending over backwards to be a good citizen (there's talk of having a decibel meter on hand in the Garden at all times), I can't imagine the County Board rejecting this compromise. Especially given that over the last year Arlington County has been accused of being hostile to everything from businesses to music to fun, this vote will be a key bellwether of whether the County Board is backing up its conciliatory words with progressive deeds.

Please email the Arlington County Board right now to let board members know you support live music in the Westover Market Beer Garden. Then if you can, attend Saturday's Arlington County Board meeting and speak at 8:30am during the pre-meeting public comment session.

Photo via Flickr's ThunderCheese

Seattle In 18 Words

From the light rail ride from the airport to the in-room recycling at my hotel to restaurants competing with each other to see who can carry the most local food & drink, Seattle is the greenest city I've ever visited. And yes, there really is a Starbucks on every block downtown (I heard a rumor that there are 78 in the city).

However, my overall assessment of Seattle in 18 words:

1. Seattle's an awesome city
2. Daily cold rain is soul-crushing
3. Grunge music makes a lot more sense now

Dave Matthews Calls Mountaintop Removal Coal Mining "Unforgivable"

Check out this NRDC video with Dave Matthews on mountaintop removal coal mining:

Learn more at MusicSavesMountains.org.

Corey Feldman Releases "Green is the Colour"

My friend Lindsay at Campaign for America's Wilderness just pointed me to this new song from Corey Feldman. EcoRazzi.com reports, "According to the press release, the album was made with special 100% biodegradable materials including recyclable paper, soy ink, and even a corn plastic disc tray."

How can I put this nicely? I don't question Feldman's passion for preserving our planet. I do question his musical talent.