Are Shelters an Option for the UnHoused During a Pandemic? Is There a Better Way?

In the District of Columbia, there are people who have gone far too unnoticed in their community. They are some of the most brilliant and creative souls in the region. They are masters of innovation with the ability to weather extraordinary situations. These are the unhoused or homeless, as people want to call them. In a city where 46% of the population is African American, the homeless are 86% African American.  Dealing with housing instability is tough enough outside of dealing with health issues like the current Covid-19 Pandemic.

These men and women have a story to tell. People like Daniel Ball  who not only makes the best of the situation but also has strong ties to his  community. His mother used to live in DC  before moving to Addison Road in Maryland.  

Photo of Daniel Ball by Elvert Barnes / Flckr

As far as experiencing homelessness, “yes, some nights I stay up here in DC  and some nights I stay with my mother,” Ball said.  “I understand people experience homelessness.  It’s a good question and going to be a good question because people are experiencing homelessness.”  

Daniel Ball is just one of many who have found themselves homeless during the COVID-19 crisis gripping the globe.  “Yes sometimes I sleep outside.  Either I’m on a bench or either I’m up in Farragut West straight up the elevator, I sleep there,” Ball said. “Last night was an experience too.  Usually the man from the food court wakes me up.  Sometimes I’m already up.  A girl slept beside me scheming.  When I got up, I didn’t bother her because I know we going through the same change.  I usually jump on the Metro.  Today I rode the X2 and came up here.  But I love a good question like that you asked because it’s a good question. What are you experiencing?” 

Ball gave reasons why he chooses to come to the District of Columbia.  “It’s like home to me.  And my mama always asks, ‘why you keep running to DC?’  I keep running here, because my job is here,” he said, “and some people don’t have money to travel back and forth like that.”  

Ball then described his experience signing up for programs in the city.  “We do intake with the case worker.  They call them caseworkers.  I filed for food stamps.  I applied for my housing.  One thing right now with what’s happening is you can’t rush people.  You can’t be going there like, ‘give me my food stamps.’  You gotta have patience.  Everything has patience with it,” Ball said. “I ain’t going to knock nobody out.  My name is Daniel Ball and I am not going to do that.  As far as the government, there are people that are social. There are some that get involved.” 

Staying in Shelter

Those living in shelter during this unprecedented emergency are also finding it hard to deal with certain conditions. Forty-four year old, DC native, Donell Lowell used to be an auto mechanic but  has been homeless since July 2018.  Lowell also survived a stroke which occured on April 16,  2019, “a year and a day ago today,” Lowell says. “Social distancing is pretty much obsolete here.  Outside of here you can pretty much isolate yourself if you want,” he said.  “I’ve met some good people but there are some bad people out here, especially, these security guards.  They treat you like shit.  That’s my situation.  That happened to me.”  

Photo by Julie Gallagher / Street Sense Media

Lowell was assaulted while staying in shelter during the health emergency. “I complained that he bullied me, threatened me.  And he was still able to work here.  And I sustained injuries at his hands.”  The only time Lowell saw any disciplinary action came after he had been attacked by security. “After I got injured they fired him right away,” he said. “Other than that, we have no say. You gotta be hurt or something to be heard around here.”  

DC officials have been telling the community in weekly calls that they were providing rooms for self isolation. When I asked Lowell if he was provided any of these other services and did officials consider him vulnerable to the disease, Lowell said,“Yeah they do but they didn’t offer me nothing.”  

It may seem like during this crisis a large congregate setting may not be the ideal setting for mitigating the spread of COVID-19.  Before the crisis, DC had to deal with considerable disdain for providing emergency housing and spending more per capita than any major city in the United States on housing production.  Despite this, the District of Columbia has the tenth highest number of homeless in the United States.

Solutions Proposed by Unhoused Individuals

The unhoused in DC in particular are in a state of flux during the current health crisis and each day brings new challenges.  It seems like they are being ignored more than others who are receiving help from agencies, neighbors and local governments.  What do the homeless have to say about their situation? Are they being heard if they have a solution to address their current situation?  

Donell Lowell seems to have some solid recommendations on homeless prevention and how the city could better its response during the COVID-19 crisis. Problems with the courts after the death of a relative contributed to Lowell becoming homeless.  Lowell thinks now that more oversight of the probate courts would help.   “That’s unfortunately how I got here,” he says.   He also suggests that some people who are experiencing homelessness could benefit from better efforts from upstream services like rental subsidies and that would keep people from becoming homeless in the first place.  Lowell thinks that this kind of in-depth oversight could come from government officials–the mayor, city council and governors.

Lowell is hopeful about his plight once things get back to normal. He sees this as a way to potentially end his homelessness for good.  “If the city would open back up, I wanna go to school to learn how to become an information technology specialist.  With the city shut down and everything it seems like it’ll never open back up,” Lowell said. He also recommends and wishes that, ”there was more oversight for these security guards and all these shelters really. They do what the hell they wanna do.  The city should be considering the fact, we don’t really have a voice as homeless folks.” 

Living Outdoors

Many residents have taken to living through this crisis outdoors. Paul Infante is currently experiencing homelessness. He has been living in the region for three years and is originally from California.  “I think what makes most sense is if you stay (sleep) near a safe place that has services,” he said.  “You could get a meal in the morning or you could get a meal in the evening. A lot of places will give you social services and Items like toothbrushes and shaving stuff, you will need for hygiene. That is especially important if you’re trying to find a job and pull yourself out of homelessness,” he said. 

Photo by Petmyrhino / Flckr

Infante also has some pretty strong recommendations in terms of how DC could be serving those who have chosen to live outside. “The District of Columbia  could do more on its own rather than relying on federal aid to help residents who live on the street.  I would say it makes sense, without opening like a FEMA thing, would be to open up lots with showers and outdoor cots that abide by social distancing,” he said. I think it makes more sense than the opening of shelters that don’t have a lot of space.”  Infante also feels DC needs to provide more showers and bathrooms.  “You will find that people in general would say that they need more bathrooms and more showers,” he said. 

DC Government’s Response

Governments all over the place are trying to coordinate the best responses possible to this crisis.  The District of Columbia is no exception.  But the voice of the homeless and their recommendations to address their needs is currently in a state of flux. Communities that are most greatly affected by the national emergency of COVID-19 can only wonder how their concerns and suggestions will make it to the officials tasked with leading the various responses to the crisis 

I interviewed District of Columbia’s Director of Human Services Laura Zelinger on March 15th 2020.  She has been at the forefront of the city’s response to COVID-19 and the homeless community.  Zeilinger and her team have been convening weekly calls to help agency providers understand the current state of affairs as it pertains to their respective populations.  According to Zeilinger, “we have a very strong and important safety message that people need to isolate so we can stop the spread of this virus.”  

When asked specifically about permanent housing placement Zeilinger said, “It’s not realistic that people can be out putting together paperwork for their housing application or in a housing search.  Meaning, we can’t get people in the same room in this climate.  The District of Columbia chose to suspend its full housing placement process until it feels it can conduct certain business safety. The decision by the government in light of stay-home orders implies that people who may have a housing resource such as a voucher cannot use it to obtain a unit. We are very focused on our emergency operations to keep people safe.  In the immediate, as we are putting together and executing our response on our emergency activities, we are suspending the CAHP (Coordination Assessment and Housing Placement) system.”

The CAHP system uses a matrix of factors to determine which homeless individuals will be prioritized for available housing,  Those factors include:  age, history of homelessness, physical as well as mental health, and substance use.  With that process frozen, the Department of Human Services and its providers are looking into different ways of using the data to address concerns related to COVID-19 exposure.  “We are using that data to identify, as well as our understanding of medical information, to prioritize for housing, to ensure we are reaching out to and provide opportunities for safe placement and isolation of people who are most vulnerable should they be exposed to Covid-19,” Zellenger said.

Zeilinger was optimistic however, about when housing activities could occur:  “If we understand that we may be in this state for a prolonged period beyond a matter of days that may be longer than that, we will look to ways we can continue that key part of our work and move people from sites that they may be in isolation and in environments that provide opportunities to social distance particularly residents who are most vulnerable and have been identified for permanent supportive housing to be able to support their transition directly into housing as best as at all possible.”

Zeillenger also provided an overview of the city’s response to people who are currently homeless and what services they can expect to receive. “First and foremost what we want is that people are in a place that is safe and their exposure to this virus is limited.  So what we have done is taken our low barrier programs that were just overnight and made them 24 hours at all of our shelter sites. We are providing full meals.  And we have added additional outreach and meals in community so that people can have their needs met without having to travel and without having to congregate in lots of different places where we could increase the spread.   We’ve instituted screenings in our shelters and if people are showing any potential symptoms we’re moving them into spaces where they have the opportunity to social distance and have medical attention as well as testing when warranted,” Zellienger said. The District of Columbia has also considered making hotel rooms available for people experiencing homelessness during the COVID-19 crisis.  “We have secured 3 hotels for use that we are using for people who that have tested either positive so they can be in isolation and don’t need hospitalization, where they can be checked on by medical professionals same as people have homes would be isolating at home and have a nice place and not returning to shelter,” Zeillenger said.

The District of Columbia has confirmed 158 positive cases across the homeless community.  Having come into close contact with those who’ve tested positive, 249 people are in quarantine, 210 of which came from emergency shelter programs.  As of April 27, 2020, nine unhoused individuals have died.  

With housing placements frozen and public input at a stand still, people who are currently unhoused, could remain homeless for the duration of this unprecedented emergency.   Under these circumstances, can the District government call mitigating the spread of the Coronavirus amongst the homeless a victory?  It seems like we’re just cruising forward.  Without the input of those who are experiencing homelessness, we are being encouraged to normalize COVID-19.   As far as homeless people go, the CDC guidelines don’t seem to apply.  Doing this may lead our community into believing that what looks like success is success when it’s actually failure. 

The District of Columbia is just one of three or four jurisdictions in the nation that even have laws requiring emergency shelter.  It may not be the best setting in a crisis, but it is better than the alternative where most services for the poor are provided by churches which are also closed during this crisis. People need housing to advance their lives. If housing was not such a commodified asset and considered a privilege rather than a right, we would not be in this situation. Housing is healthcare.  If this country and this region believes that to be true, then more needs to be done immediately. If COVID-19 and the experience of the homeless has taught us anything, it would be that we have to do right by the poor. 

Coronavirus is Devastating the Homeless Community: DC Must Pivot Quickly to Save Lives

Cross-Posted from the Washington Legal Clinic for the Homeless & Written by Renata Aguilera-Titus

For decades, the Washington Legal Clinic for the Homeless has worked to break down the barriers that widespread poverty has created.  Since our inception, we have worked to affirm housing as a fundamental right—not a privilege.  Perhaps no moment more critically highlights the crucial importance of and need for housing and safe spaces than the current public health emergency. COVID-19 has ravaged the most vulnerable communities across this nation.  It has directed a spotlight onto the many injustices and inequities faced by those existing in spaces that society has cast aside, exacerbating the real and deadly effects of poverty and white supremacy.  It has pushed to the forefront conversations around health and economic disparities, income inequality, housing insecurity, and the inequitable allocation of resources.

While the disastrous effects of this pandemic are being seen throughout the country, people experiencing homelessness and in congregate settings are among those most heavily impacted.  With a lack of access to widespread testing or safe spaces to socially distance, these communities are seeing a massive spread of infection. Simply, streets and congregate settings are not appropriate environments to contain or control the spread of this virus.

Despite this widely accepted fact, there are still far too many DC residents on the street and in crowded congregate shelters.  Out of approximately 4,000 single adults currently experiencing homelessness in DC, less than three percent have been relocated to private spaces where social distancing can actually occur.  Tragically, nine homeless DC residents have died from COVID-19 and 152 have had confirmed positive results as of Sunday, April 26th.  During a five-day period last week, the spike in cases among the unhoused community was 2.5 times higher than the increase among DC’s general population. Without access to universal testing, the numbers of those affected are undoubtedly higher than the reported data reflects.

We know that the containment of this virus is a global undertaking.  Community members, nonprofit organizations, and local government officials have been working hard to figure out ways to protect the community with limited federal funding and constantly evolving public health guidance.  However, the District is certainly not alone in the challenges it faces to protect its homeless population.  When confronted with startling data, other jurisdictions shifted gears in order to respond with urgency and creativity in ensuring that shelter and street populations are widely tested and moved to non-congregate settings.  Many other jurisdictions have already placed thousands of homeless individuals in hotels.  Meanwhile, DC’s current hotel occupancy rate is less than ten percent, leaving nearly 30,000 rooms empty, in addition to thousands of vacant dormitory and housing units throughout DC.

Unfortunately, DC’s current initiatives are not enough to protect DC’s homeless community. The time has come to shift the DC government’s approach.

The Legal Clinic recommends that the DC government:

  • Immediately offer a COVID-19 test to every person who lives on the street or in a congregate setting.
  • Immediately offer a placement to every person who lives on the street or in a congregate setting into a private and non-congregate setting, such as a hotel room, a private dormitory unit, or a vacant housing unit. Develop a system to screen and place people who become homeless during this time into private settings. In these non-congregate settings, provide food, staffing, other basic needs, and medical assistance, as appropriate. Ensure that those residents are checked on regularly.
  • Retain non-congregate placements until COVID-19 is no longer a pandemic or epidemic and has been nationally contained by widespread access to a vaccine. Simultaneously work to quickly place people into safe, affordable housing to limit the number of individuals who will eventually return to congregate settings.

Last Friday, the Legal Clinic sent a letter to Mayor Bowser detailing the aforementioned concerns and recommendations for protecting the lives of community members experiencing homelessness and in congregate settings. People experiencing homelessness in DC are more likely to be elderly, Black, and suffer health conditions that place them at high risk of death or serious complications from COVID-19.  DC must act immediately to protect the lives of its vulnerable communities. DC must also further its expressed commitment to racial justice by creating and maintaining housing that is deeply affordable for those who need it to survive here, now and post-pandemic.

A Timeline of Events Leading Up to The “Revitalization” of Barry Farm

With the deconstruction and rebuilding of Barry Farm (most commonly referenced as Barry Farms to residents and longtime D.C citizens) under way, it is important to understand some of the key factors of this process, what led up to it and how it has been affecting the existing community. Here is a somewhat concise timeline of events to provide context and stay updated on the fast-changing neighborhood.

        


Image credits: Joy Sharon Yi

HOPE VI:

  • The HOPE VI program was created in 1992 by the U.S Department of Housing and Urban Development to redevelop public housing across the U.S into mixed-income housing. The goal of HOPE VI was to renovate and revitalize public housing to reduce crime and diversify living conditions. The intention was to create less dense living environments.
  • Many residents across the U.S that were affected by the reconstruction found problems with HOPE VI, seeing it as a process of gentrification. According to “The Urban Institute”, less than 12% of existing residents were able to move back into the renovated homes. Because HOPE VI did not require a 1 to 1 replacement for lower income residents, the program did eventually end up weeding out a lot of those residents altogether.
  • Through HOPE VI over 96,000 public housing complexes were destroyed and a little more than 107,000 were created; only 56,800 of those being affordable housing.
  • Arthur Capper and Carrollsburg Gardens were among the affordable housing in DC (formerly located in Navy Yard) that were lost as a result of HOPE VI.

New Communities Initiative (NCI):  

  • NCI was brought forth in 2005 as a response to budget cuts directly impacting D.C.’s public housing complexes and the maintenance of them.
    • Resident pushback was one of the many reasons that this process was delayed until 2014.
  • NCI was meant to be a revamped and more effective version of HOPE VI with a promise of 1 for 1 replacement for affordable housing tenants and units; an effort to make sure current residents could stay in their neighborhoods and have priority for the newly developed units.
  • Much like HOPE VI, NCI was created to redevelop public housing in D.C., to decrease crime, reduce concentrated poverty and eliminate economic segregation in neighborhoods in an effort to reintroduce the idea of mixed-income communities.
    • There is a common theory that concentrated poverty is why public housing is not as effective as it should be (as opposed to lack of funding being put towards the housing properties and overall negligence).
  • In addition to the idea of having a diverse community in terms of population, NCI plans on the new buildings looking diverse; ranging in size and style.
  • The initiative is specific to four DC neighborhoods; Barry Farm (located in Anacostia), Lincoln Heights (located in N.E), Northwest One (located in N.W in ward 6) and Park Morton (located in N.W in ward 1).

Barry Farm:

  • Barry Farm is a historic landmark in D.C, it started off as a settlement area for newly freed Black people after the Civil War in 1867. Barry Farm became the first public housing during WWII.
  • Barry Farm is located in Anacostia and (before deconstruction) had about 432 public housing units
  • The application for the first stages of the Barry Farm redevelopment were approved by the zoning commission in October 2014.
    • The plan would tear down any existing properties in Barry Farm and create 1,400 new housing (from low/mid rise buildings, townhouses and retail spaces).
  • In December of 2014 the Barry Farm aquatic center was opened (a part of NCI). This was the first stage of a larger process to renovate the Barry Farm recreational center (an estimated $26 million project). Many Barry Farm residents were unsettled by the renovated rec center as it is only available to residents with an ID which requires certain documents and resources that some families no longer have access (or easy access) to.
  • March 2016 the DC Housing Authority passed Resolution 16-06 “right to return”, which was meant to protect existing residents and their places within the community. This would make sure there was no confusion about the residents’ eligibility status and protect their entry into the newly renovated developments.
  • June 2017 “Resident Design Workshop” held by DCHA and DCMPED. Intended to get community feedback and input about plans regarding development features and layout.
  • August 2017 residents from Barry Farm filed a class action lawsuit against DCHA. The lawsuit was created in a pursuit to stall the redevelopment process and ensure that there would be enough housing for all of the current residents of Barry Farm. The lawsuit also mentions the horrid conditions of Barry Farm currently.
  • April 2018 Barry Farm is nominated to become an Opportunity Zone which would allow “tax incentives for investments in new businesses and commercial projects in low income communities” with the goal to help promote investments in new public infrastructure, affordable housing, businesses and capital improvement”
    • Many Barry Farm residents have talked about the need for prioritizing grocery stores (as there are VERY few in wards 7 and 8) over opening luxury retail stores.
  • In May 2018 residents push to preserve the beauty of their neighborhoods, as a response NCI commissioned art pieces to be made that represent the Barry Farm neighborhoods.

**Since news broke of the redevelopment of Barry Farm, over 70 residents have since relocated to Highland Dwellings and Sheridan station. The specific location of the other residents who have relocated have been unaccounted for.

Initiative 77 & The Crisis of The Tipped Minimum Wage

The current minimum wage for most hourly workers in the District of Columbia is $13.25, which is set to increase to $15 come 2020. Tipped workers, however, receive a fraction of that amount per hour.  As of July 1, 2018, tipped workers (which can include servers, valets, and bartenders) receive $3.89 per hour, with an anticipated increase to $5.00 by 2020. The justification for this low hourly wage is the understanding that, in the case that an employee is unable to meet DC’s minimum wage with their tips, the employer will cover the difference. Therefore, a tipped worker who is unable to make $13.25 per hour in tips will have their wage supplemented by their employer under the Fair Shot Minimum Wage Amendment Act of 2016. However, restaurants in the DC area have been under fire for charges of wage theft, putting into question workers’ lived experience of this law.

Research done by the United States Department of Labor reveals that, nationally, the US food service industry has had higher rates of wage violation than any other low wage industry since 2008. In fiscal year 2018 alone, over 41,000 food service workers reported nearly $43 million in thefted wages.

Research done in 2011 by the Washington, DC chapter of the Restaurant Opportunities Center (also known as ROC), a non-profit based in Manhattan whose stated mission is to “improve wages and working conditions for the nation’s restaurant workforce.”, gives us a local perspective on wage violations in the restaurant industry. Following a year’s worth of research, ROC’s DC chapter released a 76 page report on DC’s restaurant industry. Table 7 (which can be found on page 25) of the report reveals that 33.5% of restaurant workers in DC report having experienced overtime wage violations and 11.4% report having experienced minimum wage violations.

As further detailed  in ROC’s report:

  • 11.4% of the workers spoken with reported earning less than $8.25 per hour, which violated DC’s 2011 minimum wage laws
  • Only 18.5% of tipped workers were able to correctly recall the correct minimum wage and only 9.7% knew the amount of the tipped minimum wage, even though it is the employer’s responsibility to post bilingual signs in the workplace detailing this information

A briefer report published by the Economic Policy Institute further reveals that:

  • Tipped workers in DC are largely people of color (70% of the tipped workforce while only 55% of the general workforce)
  • The median annual wage for servers and bartenders in DC is $22,763.
  • 13.7% of tipped workers live below the poverty line

Of course, given the unsavory conditions tipped workers were experiencing in the restaurant industry, movement to make change was inevitable.

In the spring of 2018, a campaign promoting Initiative 77 began. Initiative 77 was a ballot initiative (meaning that an adequate number of registered voters signed a petition to get a statute or amendment voted on publicly) that would rework DC’s minimum wage laws for tipped workers. Under Initiative 77, the tipped minimum wage would increase each year so that, by 2026, tipped workers would be making $15 an hour, the same as other workers in DC receiving an hourly wage. It seems that, in the frenzied coverage of the Initiative, many people assumed that tipped workers would begin receiving the minimum wage immediately, not understanding that employers would have 8 years to pay their employees the eventual $15 minimum wage.

The Washington, DC chapter of ROC became the primary driving force in support of Initiative 77 in DC. Faced with opposition from, both, restaurant owners and tipped workers themselves, Initiative 77 became one of the most discussed and controversial political topics in DC during the 2018 local election season. The proposal of Initiative 77 left the city cleaved into two camps; those in support of the initiative and those against it. A cursory glance through a DC area resident’s Facebook or Twitter feed from that period of time would very likely contain at least one charged debate over the initiative.  

Alongside the business owners and tipped workers opposing Initiative 77, Mayor Muriel Bowser and various members of the DC Council publicly opposed the Initiative as well. It must be stated, however, that many of the politicians in opposition to Initiative 77 have, at various points, received money from restaurants for their campaigns.

After being passed by voters by a more than 10% margin, Initiative 77 was repealed by eight members of the DC Council on Oct. 2nd, 2018.

I find myself clearly seeing the concerns raised by both parties regarding the pros and cons of Initiative 77; working as a cashier in an independent restaurant, I reap the benefits of the current minimum wage as well as tips. As a cashier, my job is far less complex than that of a server, however, I have far more security and ease regarding my wage. This level of security regarding pay is something I desire for each of my fellow restaurant workers, many of whom are struggling to make ends meet. As stated by the anonymous author of this Vox articleLiving on tips does not guarantee me a sufficient income or economic security. Tipped workers experience a poverty rate nearly twice that of other workers. Currently, the median hourly wage for servers in DC is only $11.89… Relying on customer tips results in unpredictable income and makes workers more vulnerable to being sexually harassed or discriminated against by the very customers on whose tips we depend.”

This said, my very strong relationship with my employer in the restaurant I work in makes me consider concerns raised by restaurant owners about keeping their establishments open as well. While I don’t want to disregard the reality of greed our culture intentionally cultivates in each of us, I would like to believe that most business owners would choose to give generously to their employees if the resources were available.

Compass Coffee, a local coffee shop with a number of locations throughout DC, pays its starting baristas $13.25 an hour, and, once they’re passed the apprenticeship stage, they go on to receive a 25¢ raise. This pay is received alongside tips, which, based on information in this article from the dcist, averages around $5.71 an hour.

More prominently, in the same article, the author discusses changes Dolcezza Gelato has had to make to their payment structure in order, according to their owner, to continue to do business in DC. Now categorizing their hourly employees as tipped workers, Dolcezza’s baristas receive $10.50 an hour while the company’s gelato scoopers make $9.75 an hour, these wages being supplemented by tips.  

Robb Duncan is reported as saying “It totally, totally sucks. If I could pay my employees twice the minimum wage and give them health benefits, I would do it in two seconds. But for any small business, especially in D.C. right now, one needs to make adjustments. We’re doing what we feel is necessary to stay strong in D.C.”

Sips of Seattle, a family owned coffee shop located in downtown DC, shut down its business on on the 14th of December due to increases in rent, after 22 years of being a favorite of many DC residents. One of the co-owners of Sips of Seattle has a Spanish last name; Escobar. While I do not know the racial or ethnic origins of this particular business owner, I would like to use this information to highlight the reality that the businesses that are most vulnerable to increases of rents and wages are those owned by people of color. Even though Initiative 77 hasn’t passed, I’d be concerned about the ability of business owners of color to stay afloat amidst rising rent and labor costs.

Rents for businesses are based upon the square feet of the establishment multiplied by a dollar amount that averages somewhere between $50 – $80. The annual rent of a space of 800 square foot, priced at $55 per square foot, would be $44,000 a year, requiring monthly payments of $3,666 to maintain usage of the space.

Ultimately, I find myself disappointed by this entire debate. When this issue over whether a minimum wage or a lowered tipped wage is best for DC’s restaurants is boiled down, we are, essentially, choosing one group of people’s livelihoods over another. Another point of contention for me is the responsibility of this decision placed into the hands of DC residents, many of whom have never worked in restaurants and know little-to-nothing about the industry. In an act of compromise, Mary Cheh, Councilmember of Ward 3, suggests that the the increase in tipped servers’ minimum wage take place over a 15 year period; increasing the tipped minimum wage by 66¢ per year as a way to safely gauge any burdens the increased wage would bring upon restaurant owners.

While I am appreciative of Councilmember Cheh’s attempt to consider the needs of all parties involved, I believe that this compromise fails to consider the reality of rising rents, nor does it center the experiences/demands of restaurant workers. The issue of Initiative 77 ties into much larger issues regarding affordable housing and living wages that are affecting every major city across the country.

In the long run, tipped workers on both sides of the Initiative and restaurant workers must understand that if they’re going to remain in a city with increasingly high rent prices, than they’d do well to band together with organizers working on affordable housing initiatives in their neighborhoods. Some organizations working on affordable housing campaigns across the city are Empower DC, One DC, and Keep DC 4 Me. Alongside participating in political action in the city, tipped workers should also rally together to ensure their employers comply with DC’s minimum wage laws.  As individuals, tipped workers can also contact the District’s Restaurant Opportunities Center if they have questions about their rights or join them on the third Thursday of every month for their Legal Clinic for Restaurant Workers.

Recently, new energy has begun to surge around Initiative 77; upset with the DC Council’s decision to repeal the Initiative, a DC bartender filed a lawsuit intending to delay the execution of the proposed repeal. Senior pastor of DC’s Plymouth United Church of Christ, Rev. Graylan Hagler, a supporter of this recent push, is reported to say “The restaurant industry filed a petition challenge at the eleventh hour. It’s their latest effort to thwart the democratic process. We will fight this delaying tactic in court, and will prevail in the end. We are not the kind of people to give up on D.C. workers who need a raise.”

Shockingly, on December 12th, DC judge Neal E. Kravitz ruled that efforts to place Initiative 77 on the spring ballot were invalid as a result of a mishap on the DC government’s part. As writer Gabe Hiatt states in the Eater articleDespite the work of petitioners to gather more than 25,000 signatures in a week, judge Neal E. Kravitz cited a procedural mistake by the D.C. Board of Elections… The elections board did not post public notice for a hearing on the referendum far enough in advance, Kravitz found, dooming the signature-gathering process from the start.” Meaning, essentially, that due to a procedural error on the part of the DC Board of Elections, the petitioners’ work was futile from the start.  

We shall see how pro-77 organizers will rally against Judge Kravitz’s ruling, however, the debate of whether Initiative 77, and the larger socio-economic contexts surrounding the debate, is far from over.

Huge Win For Congress Heights Tenants!

A story we’ve been covering about tenants in Congress Heights who have been rallying against slum conditions in their apartment untis for the past five years received a huge win in their campaign this past July when Judge John Mott ordered CityPartners, a real estate firm based in Adams Morgan, to pay nearly $900,000 to finance repairs to the dilapidated buildings.

Read the full article of the win on CityPaper here, and to receive more information about how to support their campaign follow Justice First’s newsletter here.