Land grab in D.C.

The D.C. Department of Parks and Recreation allowed unlicensed vendors to use a public park in Adams Morgan for their private enterprise for three years. Now, its acting director, Jesus Aguirre, has transferred Unity Park to the Office of Latino Affairs. That move — an end run around local laws — has riled many residents and business owners. “It’s no different than being under a dictatorship — the law be damned,” said Pat Patrick, president of the Adams Morgan Business and Professional Association.

“This seems pretty unprecedented,” said Kristen Barden, executive director of the Adams Morgan Partnership Business Improvement District.

Unity Park on Columbia Road has been the site of an intense community battle. Problems began when OLA, receiving complaints about bands of Latinos illegally selling food near Sacred Heart Church on 16th Street, persuaded DPR to allow them to use the park. OLA has claimed the vendors are participants in a business training program. Some residents have embraced their presence. Others have complained the vendors’ continuous weekend operation has harmed nearby brick-and-mortar restaurants.

During the past year, the two sides have attempted to resolve the issue, agreeing vendors must be District residents, pay taxes and eventually graduate. But tensions have remained around days the park will be used.

The transfer means OLA can do what it wants, while Aguirre gets to shove the controversy off DPR’s plate.

Aguirre didn’t respond to multiple e-mails.

John A Stokes, agency spokesman, said OLA went to the Department of Real Estate Services requesting the transfer. DPR agreed.

He said the “option” of transferring the property had been discussed in a meeting with Ward 1 Councilman Jim Graham, which was attended by representatives from the community.

Roxana Olivas, OLA’s interim director, wasn’t around when the transfer occurred. But she said she has “no problem with it” — although she said she would talk with DPR and others.

Graham said he couldn’t remember specifics about that December meeting. “[But] this isn’t anything I would approve or disappove.”

Barden attended that meeting. She only learned of the transfer when she recently sought a permit to use Unity Park. Aguirre told her via e-mail the change took place December 2010, sending her to OLA for permission.

By law, before the DPR can make any significant change to the use of a park, it must publish a notice in the D.C. Register and secure community comments. That wasn’t done.

Stokes argued the agency is within the law and, despite the transfer, the park “remains a public space open to the community.”

“I’m incredulous,” Barden said. “OLA doesn’t have the capacity to issue permits; to maintain the fountain; or care for that park.”

Even if it did, DPR was created to ensure full access to city parks for everyone — not one agency serving a specific target population. Perhaps Aguirre has decided to provide every ethnic group with a space of its own.

Is he wearing that “One City” lapel pin?

Jonetta Rose Barras’ column appears on Monday and Wednesday. She can be reached at [email protected].

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