Darco, do you envision a world in which no "individuals at high levels" can ever "let their preferences be known in private conversations"? Powerful people talk to other powerful people all the time, in every society humanity has devised. It is not presumptively evil or unfair for them to do so; even if it were, it is as impossible to remove this element from society as it is to remove oxygen from the atmosphere.

Picture yourself in the role of a City agency. Do you have a mission to listen to input from the various communities you serve, about their specific needs? Would you look like a jackass if you didn't? Would the same purists who hammer you for listening to a reputable agency from a particular community, NOT hammer you just as hard for refusing to listen, if it came to you with a concern? You're damned if you do, damned if you don't.

"Equal enforcement" sounds fine in theory. But every public agency also tries to fine-tune its responses with selective-enforcement strategies, when it identifies hot spots or unique local issues. "Take a number and wait" is a good model for delivery of many public services, but it cannot be the sole rule.

Statistical evidence (cf. that 4/28 Daily News article) is that all sorts of tickets are being handed out in all sorts of neighborhoods at an accelerated rate. There may be neighborhood biases in such a surge (+40,000 citywide). But no one has produced any evidence of this. And it is mathematically impossible for University City to account for it all -- much less UCD.

I don't believe UCD never called L&I about anything. The question at hand is whether the City came up with its own strategy for restaurant code enforcement with or without any input or contact from local people or groups; more importantly, it is whether the policy that results is good. Andy's explanation of this policy sounds good to me. Does it sound bad to anybody else? If so, what's wrong with it?

Bear in mind that code enforcers of all sorts are often mandated to respond to anonymous over-the-transom complaints. People who work in the restaurant and tavern trade have long assumed that if L&I or the State Police come down on them, they were dimed on by a competitor. In the long run, this paranoid explanation is more persuasive than the paranoid explanation that these agencies act on behalf of "local power brokers ... more often than not." I can always be persuaded that either explanation was right in any given case; but I always need evidence. Unsubstantiated blood-pumping rhetoric about powerful conspiracies doesn't do it for me.

-- Tony West



On 5/18/2010 5:23 PM, Lalevic, Darco wrote:

Unfortunately Tony, whether true or not, most people assume that people and organizations which wield political power (Penn, UCD, local politicians, etc) are regularly influencing these organizations. And, of course there won't be any evidence, nor is Andy necessarily lying (I would assume he is not). It would be doubtful that UCD, Penn, or any organization would openly pressure, but rather individuals at high levels would let their preferences be known in private conversations. Can Andy absolutely state that no member of the UCD board ever influenced L&I, in any way? I know for a fact that is not true as I've heard that directly from a board member.

Is it coincidence that any number of actions by L&I, the PPD, Streets Dept or any other entity focuses efforts at a particular time and place? Maybe, but there have been plenty of incidents in the past to assume otherwise (for example the Streets departments redesign of the 38^th /Baltimore/University Avenue intersection was at the time promoted by the City as an effort to improve traffic. It shortly became clear that it was in fact to build the new Vet building). There is plenty of anecdotal evidence and hearsay to assume that any L&I efforts are being influenced by local power brokers -- and therefore we can assume that it is the case as it is more likely than not. And that's not even with factual evidence such as Glenn points out with the Business Journal article or the use of UCD workers for political causes.

Of course, that is not necessarily a bad thing. Certainly L&I has plenty of positives, as does the UCD. And I would argue that more often than not, the overall effect is positive. However, how many other neighborhoods in the city get tickets for high grass, trash outside when it isn't supposed to be, etc? It is illegal to selectively apply enforcement. And in this neighborhood it is clearly being done.

Darco


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