I’m in a back and forth on the Lowell Downtown Neighborhood Association’s Facebook page because yet another late-night alcohol-induced incident sent a young man to the hospital with stab wounds this weekend. To quote Kelly F from that conversation:
On Middle Street in the empty bank parking lot, I’ve seen a stabbing, a person being intentionally run over after an argument, a hundred fights, people screaming at the top of their lungs for an hour either fighting or just out of their minds drunk - ALL ALCOHOL FUELED at 2am coming from the same bars we know are problematic and over-serve alcohol to these kids and then I get to see them in this condition get into their CARS and DRIVE!
This doesn’t seem to be an isolated incident, and it appears to be worsening, or at the least, not getting better.
Now, I am all for alcoholic-serving restaurants and (some) bars being downtown. They are a staple of a thriving urban district, and bring money into the area. However, there has got to be a better way to handle this, then sending ambulances to clean up the mess. And by all accounts, the police are doing their jobs as best they can, sending extra patrols and clearing people out after the bars. Costing the city thousands of taxpayer dollars more.
It is plain to see that this is a policy problem, not a policing one.
Meanwhile, we have the goddamned liquor licensing Commission Chairman Walter Bayliss telling us taxpayers and residents are not as important as bar owners despite the fact that a lot of people (particularly residents) are simply asking for after-work-hour meetings, and Commissioner Brian Akashian attacking Mayor Murphy for daring to make a November motion to move the meetings and accomodate residents who actually work for a living and can’t make the 3:30 meeting time. Akashian on Murphy:
This is his history as a city councilor. …He continuously makes motions that are for his own benefit and never takes into account anyone it affects.”
Downtown resident and blogger kad barma has a lot of background on the hapless, tone-deaf License Commission in this excellent post if you have not read it. (He also has another very recent post about the after-Saturday-night carnage. Yum.) Here is the LDNA (Downtown Neighborhood Association) take on it.
kad barma writes:
the license commission has almost always, and i mean almost ALWAYS sided with the liquor stores and bars, and when they did choose to act, only handed out token and wholly ineffective “sanctions” which hardly ever caused these businesses to pause in their profligacy.
…
so where is the license commission on all of this? they are trash talking downtown residents for being complainers without the commitment to show up at their 3:30pm afternoon meetings, and then foot-dragging to the point of obfuscational jawboning about possible legal action to stop their meeting times being directed by the city council to the evenings. (none of which is possible because they have no leg to stand on to resist, so meeting times will indeed be changed). commission chair walter bayliss has tried to blow smokescreens about costs, (the police overtime argument being the funniest–the cops who need to testify are on nights, and actually it potentially costs MORE to send them to afternoon meetings than evening ones, but lets not digress), and gotten on his soapbox to bloviate an incredible quantity of nonsense without substance or point whatsoever. he’s been cornered, FINALLY, to follow open meeting law requirements to post agendas 48 hours in advance as had never been previously done, and he’s finally being shown to be the out-of-touch anachronism and impediment to progress that he so surely is. (the other commission members are better, but not as yet taking action to use their majority to do more right things).
You should also read this comment by kmarcin, which ends:
…Both Mr. Bayliss and Mr. Weiker stated at the last meeting that they work for the businesses because they pay a higher tax rate. If city boards weight who they work for by their tax bill then there is not a single one that is working for me…I do not think the tax bill I pay for my small but opulent 856sf. compares to that being paid by any business.
I am just expecting too much?
Apparently.
So, let’s recap, shall we? We have a burgeoning (and very expensive, in police overtime) problem with lawlessness downtown in the wee sma’s when the bars all let loose their puking and belligerent diehards. We have a police force that, despite the tight city budgets, is now having to send extra people to the streets of downtown to sweep up after the problem…a problem they can mostly only react to, but too hard a problem for them to solve on their own. We have many, many people complaining that the License Commissioners belittle residents at meetings, refuse to accommodate them with a simple meeting change because hey, the bar owners pay a bigger tax rate and are more important, right? They give out meaningless and toothless sanctions to bars which violate some pretty serious ordinances and laws (like underage drinking). Mr. Bayliss considers downtown a “business district” despite the sheer number of residents that call it home.
Do any of us think that weekly news stories of stabbings and injuries and worse is going to do Lowell any goddamned good, businesses or residents??
Does this help Lowell’s delicate reputation as an up-and-coming city with a lot of great venues, art, music, theatre, and food?
Every one of these Commissioners, Bayliss, Weicker, and Akashian, have demonstrated a lack of ability to handle their positions - their statements are so out of touch with not only what the residents of downtown want, but also what this city needs, that every. Single. One of them. Has got TO GO.
Of course, they are appointed for a certain term. I am sure that at least one or two of them are not up for quite a while yet. This poses a problem.
Is there an impeachment process or something similar that we can invoke here?
Or are we waiting for the next stabbing victim to die instead, and watch the entire region rolls its eyes and say, “Well, that’s Lowell for you. Scary place. Wouldn’t want to live, work, or visit there…”?
I think I will preface every single one of my future blog posts with “anyone in a downtown brawl die yet?” until the Commissioners resign, are forced out, or the City Council takes some decisive action.
You think that one of the city’s oldest blogs doing this will help Lowell’s reputation? No? Then to those in power to do something, DO IT. Before something terrible happens.
January 16th, 2012 at 5:42 pm
Just to clarify, I was under the impression that bartenders are legally required to cut off patrons who have had too much. Is that correct and are these bars not following the law? Otherwise, I’ve always been reluctant to blame the behavior of individuals on the existence of a bar.
January 16th, 2012 at 5:48 pm
It appears - from multiple sources who have been to and watched Commission meetings - that those bars which are violating ordinances and worse are getting wrist slaps when brought up before the Commission which is supposed to enforce the regulations.
January 16th, 2012 at 6:14 pm
It is the Ivy Hall…the regular rules don’t appear to apply to that place.
January 16th, 2012 at 6:25 pm
Yeah, well, I just had an interesting online conversation that merits a possible future blog post. People really ought to quit while they are behind.
January 16th, 2012 at 8:21 pm
When I lived downtown, whenever I stayed in on the weekends it was a nightmare. Loud, drunken assholes emptying out of the bars at 2am, urinating in dark doorways, yelling, fighting, keying vehicles, and smashing my car window in. I don’t know how many calls and emails I made to the police and city hall with a simple request: place a couple of cruisers downtown between 1:45 and 2:15am to prevent the idiots from loitering in parking lots and on the streets (which is when trouble happens, i.e., “Let’s take it outside!”). But apparently that made too much sense to implement. Granted, this may have changed since I moved two years ago, but that was the state of the downtown bar scene back then.
January 16th, 2012 at 9:02 pm
Something needs to change. I live downtown and had to come home at 2:15 a few weeks ago. Of course, when I get there, half of LPD is running around my parking garage in five-man squads looking for God-knows-who. This weekend I stayed where I was instead of coming home around last call and good thing because people were getting stabbed.
Don’t miss the sentence or two in The Sun article about the cops handling a very drunk girl a few blocks away at the time. *Some* downtown establishments are clearly over-serving. Word gets out in neighboring towns that Lowell’s a good place to go drink if you’re a douchebag looking for trouble, and the problem gets worse.
The License Commission can’t even seem to see the difference between “they moved into a loud neighborhood with existent bars” and “cities tend to have bars, bars tend to have fights, but the level it has reached here in Lowell is completely unacceptable” so…
January 16th, 2012 at 10:44 pm
Yeah, I am sort of getting sick of seeing the phrase “if you don’t want to live in a noisy city, then move out!”
Um…a) not productive, thanks, and b) this is not about a few instances of noise in the middle of the night. Look, people KNOW they live in a downtown. However they should expect not to have people bleeding all over their doorstep every other weekend…
January 17th, 2012 at 10:13 am
One obvious solution would be for the License Commission to make the bars that have the problems pay the cost of the extra police overtime.
Not only would it address the public-cost problem, but also bring the profit motive to bear on fixing the problem, and put police officers where they most need to be.
January 17th, 2012 at 10:26 am
A few thoughts:
1. Residents need a better understanding of the authority, accountability and purpose of the Licensing Board. Then we will understand where it is accountable, where the City is accountable and where law enforcement is accountable. I would also like to understand whether and how much the Board “oversteps” its involvement (by, for example, artificially inserting itself as a mediator of resident/bar disputes) but underperforms its authority to grant, withhold or withdraw licenses.
2. City government (Council, Manager, relevant departments) must broadcast widely and explain clearly the rules or ordinances around such matters as noise, how the ordinances are enforced and what a member of the public must do to trigger and support enforcement. What is the noise ordinance and where is it published? How is noise measured, by whom and in what form to have legal standing? What number and agency do I call with a complaint? What should I expect as follow up, or is that up to me?
3. The police, who may be tasked with enforcement of matters that they may find a waste of time, (such as a noise complaint) must consider the most efficient way in which to elevate enforcement of these “broken window” issues and communicate to the public their willingness and process. I can see that, with larger matters at hand, noise seems an annoyance to understaffed public safety officials, but if it is the job of that public safety agency, then there must be a method for effective performance worked out.
4. Residents who have a legitimate concern, such as noise from a bar, need to adopt the approach that will be most effective for their goal. Appearing before the Licensing Board, which has demonstrated clearly that it is not going to act in any meaningful way, is likely not that approach. This is why we all must understand what laws or ordinances exist to support a quality of life and then insist they be enforced. As a condo group, hire a decent attorney—it is amazing how inexpensive a few hours of a good attorney’s time will be to the outcome. A good attorney will signal seriousness of purpose, will unearth the facts in a form that is actionable and will allow remedy and redress.
Lastly, just as with the sex trade in downtown Lowell (which is directly related to the growing number of nightclub/bars), one opinion that I believe should be heard is that of the Chancellor of the University of Massachusetts at Lowell.
How will UML recruit the best and brightest in MA and the USA and internationally when young Bob’s or Maya’s or Rajiv’s parents come to check out Lowell? One weekend staying at UML’s ICC and walking about downtown in the evening and good bye prospective student and, at least in Rajiv’s case, likely full-tuition prospect. Also, good bye for all of us to what a robust, well respected UML can and should bring to the City.
Lowell has significant decisions to make about allowing or resisting the change that comes from endeavoring to reposition itself from a city dismissed as well past its prime, most known for an alcoholic poet, a fighter and a historical story of mills and mill girls/immigrants to a destination city that draws on the best of that past — arts, tenacity, innovation and flexible/newcomer population.
The local paper has a job to do in illuminating the activities downtown. The venues, the activities, the owners, the behaviors of patrons, the demand on the police and the reaction of those who, like Chancellor Meehan and the board of the Lowell Plan and every City Councilor and all residents of the city have a vested interest in answering the question
What do we want Lowell to be?
January 17th, 2012 at 10:50 am
Since it was repeatedly referred to in the meeting, I looked up the City Manager’s guidance on noise issues to residents of Mollers lofts in response to a motion by Rita Mercier.
http://www.lowellma.gov/depts/officeofthecitymanager/responses-to-motions/2007-responses/motin-3-6-07-mollers-lofts
Did the LC overstep its authority getting involved in mediating noise and/or punishing some establishments in order to benefit others? (ie. Centro over Dharma Buns or Cafe Paradiso over The Under Impact)
January 17th, 2012 at 11:39 am
Thank you, Evelyn.
January 17th, 2012 at 2:14 pm
I could not post yesterday so sent most of this to Lynne via email because she was looking for some context.
I moved downtown 15 years ago and at the time there were 4 bars and 3 restaurants that served liquor…and a whole lot of empty buildings. the city and some developers came up with a brilliant plan to use all this empty space by redeveloping the empty buildings to create residential space. It seems now in just a blink of the eye there were a few thousand people living in the neighborhood. Along came some smart business people who recognized a captive audience and started opening stores and more bars and restaurants.
Think about that for a minute and realize that in a declining economy the city of Lowell was able to create a whole new life for its downtown when others became ghost-towns. I can only assume that no one (at city level) ever dreamed this would be such a success and therefore it never occurred to anyone to think ahead to what kind of issues would arise. Now we have the city administration, city council, license commission all laying the entire burden on the police department to deal with. Chief Lavallee is the only person who stepped-up and invited the whole mess down to city hall to try to work things out. We have meetings quarterly and until Brian’s Ivy Hall opened we were doing great. In fact Rob Mills stopped covering our meetings because he was in fear of us breaking out into a rendition of “Kumbayah”. (more context, the license commission gave a first-time license holder a license for a 500 capacity nightclub) and due to the success of BIH other businesses started jumping on his band-wagon and what used to be restaurants (Mr. Jalepeo, Village Smokehouse, Fortunato’s) have now changed their business model to nightclubs.
Now we have a really vibrant neighborhood and instead of 9 liquor licenses we have 25 (and a new one on the horizon). This is a great success for the city and city residents. I am quite sincere about that statement…this is a really great thing! But we have to be vigilant about the public safety aspect. We have to be mindful of the non-bar businesses owners’ downtown who have to arrive every morning to the mess and destruction. This is an issue that will take more than just our little neighborhood association to solve.
So the chicken and the egg…well it doesn’t really matter (unless you want to run another round of “old-Lowellians” vs. “new Lowellians”) what matters is if everyone involved (that includes liquor license compliance/enforcement) is committed to keeping this good thing going…
January 17th, 2012 at 2:18 pm
Thanks for posting, kmarcin, I didn’t know if you wanted me to copy n paste it or not.
January 17th, 2012 at 4:09 pm
“Now we have a really vibrant neighborhood and instead of 9 liquor licenses we have 25 (and a new one on the horizon). This is a great success for the city and city residents.”
This from the leader of the downtown neighborhood group? This is your measure of success? Your being sarcastic? What?
Let me guess, Kathleen will be opening a sports pub downtown soon.
It’s not ok with me that the downtown nightlife consists of bars and restaurants. I live over a bar. I’m not overly concerned that every night at 2pm people are saying their goodnights the way people do when leaving a bar after hours of drinking. Fine.
Shall we all start a chorus of “Is that all there is?”
If you don’t drink and you want some excitement at 11pm, just grab the wife and fill her old purse with wads of paper. So when she get’s pushed down and someone snatches the purse, you can laugh hysterically and give each other high fives! Or better yet, sit in front of facebook for a few hours and watch peoples lives go by.
Is this really what its come to? People should consider becoming alcoholics so they can fuel the economy and support the nightlife in downtown Lowell? That’s all you got?
Let me think about that. I want to chime in here, but to whom? Lets stop blaming the bars. Just say, “We got nuthin’!”
January 17th, 2012 at 5:47 pm
George,
I am indeed serious. The 25 include clubs and restaurants and have mostly been a great addition…there’s a bad apple here and there no matter what neighborhood you live in which is why it is so important to talk to each other and find a collective solution.
January 17th, 2012 at 6:04 pm
Calm down…yikes.
I doubt she was saying that is the be all and end all of what downtown should be. I didn’t read that into her comment at all. In fact I thought it was pretty balanced and didn’t at all dismiss all the concerns and problems.
January 17th, 2012 at 6:38 pm
Don’t mind me, I’ve been watching a series of videos about the rise and fall of Rome … seriously.
Lynne, what should downtown be? Perhaps I didn’t phrase the question correctly.
January 17th, 2012 at 6:42 pm
I believe 25 bars/nightclubs is greatly disproportionate for a city the size of Lowell. I like vibrant city nightlife–I lived in downtown Boston 30+ years, and before it had transformed as a city. But I did not live in the Combat Zone. Have you seen the postcards being sent advertising the activities at some of the “nightclubs”? or the banners on exterior wall advertising the attractions? or considered the clientele attracted to these venues and the behaviors that come with them? Lowell cannot afford the reputation it will develop if we become the hub of sex…drugs…rock ‘n roll of the Merrimack valley. And it will hurt every owner of anything (residential or commercial) but a nightclub in Lowell. Whether you live in Belvidere, downtown, across the river . . . as Lowell’s reputation deteriorates, so do the prospects for prosperity.
When a prospective business owner says “I don’t know, I’m not very enthused about locating in Lowell” as I heard at a meeting today, which lack of enthusiasm was directly related to the proliferation of nightclubs and all they can bring, then yes, Lowell, we have a problem.
January 17th, 2012 at 6:47 pm
Maybe this is less a bar problem and more a nightclub problem.
How many do we have now? I really don’t know (they don’t really stand out during the day due to their really crappy signage). I would think one, two at most, would be plenty for downtown Lowell…
And why do they have to be downtown? The rest of the downtown businesses are not getting much out of that, I bet not even the restaurants do. I’m all for keeping Lowell from getting too snobby and full of all Centros and Blue Talehs (as much as I love those places, I don’t want to live in a city only for the upper middle class), but maybe what we’re seeing here is a lack of balance?
I want a movie theatre and some bookstores in downtown…not that I’ll get the second one, since they’re all shutting down. (And - I am totally guilty, I use my Kindle a lot…)
January 17th, 2012 at 7:04 pm
Oh wait … here’s the part about Caligula … blog again later …
January 17th, 2012 at 8:49 pm
jd,
since the board referred to chapter 138 of the laws, I looked up the number of license for alcohol in bars,clubs, hotels, restaurants, etc (alcohol to be consumed on the premises) in section 17. Basically, Lowell gets at least 115 (depending on population) all alcohol licenses and another 20+ beer and wine licenses for on premises. Boston gets more per capita because they are Boston.
The LC website has a list of license holders at http://www.lowellma.gov/depts/license/Alcohol%20beverages%20licensees%20for%20calendar%20year%202011 ,and it comes up with a bunch of licenses still available (around 40) that can still open in the city.
The city DPD helps locate bars, restaurants and other business that want to open up in Lowell thru its commercial site finder: http://www.lowellma.gov/depts/dpd/services/econdev/assistance/sitefinder
And the directions in the guide they publish say that the area has to be properly zoned for a restaurant or alcohol license: http://www.lowellma.gov/depts/dpd/services/econdev/assistance/businessguide.pdf see page 151. Since there aren’t many business/commercial zones in Lowell, the DT is most likely to see the new businesses because it has the most vacant store space and available parking in garages to support the increased traffic while a neighborhood bar in the highlands can’t accommodate more than a few cars parked on the street.
I am curious about how many alcohol establishments were directed to the DownTown area by the DPD and if they coordinated this with the LPD.
e-
January 17th, 2012 at 9:19 pm
evelyn,
Does the DPD coordinate the bars to over serve it’s patrons? It seems the LC does.
Bars are not a problem. Drunken assholes are a problem. Are you confused?
January 17th, 2012 at 11:30 pm
Jack,
I was not suggesting that the DPD coordinates bar service to patrons but was responding to JDayne’s comment that 25 was disproportionate to a city the size of Lowell. If the concern is that there are too many, then maybe it should be raised with central planning to try to locate future restaurants, bars or clubs in a different part of the City.
I don’t know if the problem is the LC, DPD, LPD, bars or just maybe the patrons who act badly when they leave the clubs. I know that I am worried because the License Commission shut down the Super-Bowl and now all of those people will be going somewhere else in Lowell.
I get the impression that no one up there is talking to each other since our neighborhood group leaders say there are enough establishments, our Superintendent says his department of 225 sworn officers isn’t able to schedule enough officers to work the night shift in Downtown without running up overtime, and the central planning department keeps advertising for more licenses and helping get more establishments opened.
My question was are they coordinating where they locate these places? Do the opinions of the neighborhood groups count for more than lip service? If the groups say ‘no more’, then why is the Planning Department putting more of them in place? I know that the businesses pay a large amount in taxes, fees and hire police details, but it can’t be just about the money can it?
e-
January 18th, 2012 at 12:21 am
Jack,
I guess my last post didn’t make it. Basically, I was not suggesting that DPD coordinates to bring (your term)’drunken assholes’ into Lowell, or even to recruit the ones that are grown locally.
My remarks on the number of licenses granted was in response to JDayne saying that 25 seemed too many for a city the size of Lowell when it is actually authorized around 135. If there are 40 of 50 more still waiting to be granted, then most or all of them will end up in Downtown unless DPD quits recruiting them and placing them there.
I don’t really blame the DPD, LC, LPD, LDNA or any other group for the issues. I agree with you that (your term) ‘drunken assholes’ are a problem, and I am worried that the ones who used to leave the Super-Bowl and start trouble will be looking for a new place to go now that the Super-Bowl was closed by the LC, so we’ll have to wait and see if Downtown Lowell becomes the new hangout spot for those gang members.
I was asking whether anyone at City Hall talks to each other since the neighborhood groups are saying no more establishments but the DPD is continuing to recruit new liquor businesses and put them in Downtown Lowell while our Superintendent is already saying that his police department is down to 225 sworn officers and he lacks the manpower to provide public safety on Thursday, Friday or Saturday nights without resorting to overtime costs.
It just seems to me that if the Superintendent and the neighborhood leaders are clear that there should be no more establishments then the DPD should stop recruiting them just to fill commercial real estate and bring in fees and property taxes. Maybe everyone at City Hall should talk to each other instead of making speeches? As a taxpayer, all I see are a bunch of people who love to be in the spotlight, on the radio, on the television and in the paper, all pointing fingers while silently agreeing to do nothing. After all, now that Franky is gone, who really represents the downtown? (and please don’t tell me “all nine councilors” because it’ll make me gag)
January 19th, 2012 at 4:46 pm
Evelyn - Although I’m certain DPD is always trying to recruit new business to the city it is not DPD but the License Commission who issues a liquor license. Determinations are made based on state/city regulations as you mention above. So I do not think the License Commission can refuse to issue a license without cause.
I mention the but in the case of the license for BIH; the Moller’s Lofts are not abutters (there is an alley between their buildings which is no-man’s land) so they were not notified of the public hearing for the license. Since no one is ever notified before the license is issued there’s not much chance anyone would object. This might be a little better now that the agenda is being posted on the city web site 48-hours prior to the meetings. Then we are back to “who the heck can get to a 3PM meeting with 48 hours notice”?
I have noticed that many of the city boards have broadened the notification area so that residents living very near but not necesarily abutting a project, etc. are notified. What do you suppose the chances are the License Commission might consider the same.
January 28th, 2012 at 7:13 pm
I am so sad to read this blog and recent articles about downtown Lowell. My husband and I are getting ready to sell our home in the suburbs west of Boston. We fell in love with some of the lofts we have seen in Lowell, and have been trying to understand the city better, thinking we would enjoy living there. I just had not been able to piece together why downtown condos are not selling and don’t seem to be renting well, either, and at such relatively low prices. Now we are dropping the idea of even renting in downtown Lowell, given the nighttime activities. I don’t understand how it has come to this in a city that has come back in so many ways, has wonderful restaurants, theater, museums, galleries, etc. I hope all of you dedicated people will be able to work effectively with the city to turn this situation around.
January 30th, 2012 at 1:03 pm
@kmarcin,
I don’t think boards are allowed to set the rules for who gets notice, it looks like that is set by state law to prevent having 100+ sets of rules
February 5th, 2012 at 12:03 pm
I was out downtown last night. Alas, a fight broke out. It has been many years since I saw a physicak fight here in DTL. Neither patron seemed overserved. What is going on out there??