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Order, Schmorder: Fun Fair Ignores BZA Order


Neighborhood Activists Confront Fun Fair 

This afternoon, a group of us including Miles Groves, the President of the Downtown Neighborhood Association; Charles Doctor, Advisory Neighborhood Commissioner (ANC 6C); Alex Chi, President of the Chinatown Revitalization Council; Dave Rivera, President of the 6th Street Flats Condominium; and Mount Vernon Square activists Richard Rogers and Heidi Mackey went to check if Fun Fair Video had complied with the BZA order revoking its Certificate of Occupancy (effectively closing the business).  We were disappointed, but not surprised, that Fun Fair continues to ignore the law and operate with impunity, continuing a 10-year trend.

We were told by store employees that they will continue to operate as usual, referring any questions their attorney.

There's a misperception that because the BZA issued an order for them to close, that the problem is solved.  But it's business as usual and we hope that the Attorney General will go to court promptly to enforce the order, bringing this 10 year saga to a conclusion.

As you may recall, on October 1, the BZA had issued an order affirming a finding of the Department of Consumer and Regulatory Affairs (DCRA) that the business was operating an adult video store in violation of its license and zoning laws (order available at

http://dcoz.dc.gov/orders/17504_516-825.pdf
.  The order revoked Fun Fair's C of O and provided 10 days before it took effect.

The good news is the extraordinary work of the police who have worked with neighborhood residents to make about two dozen arrests inside and outside of Fun Fair over the past few weeks.  The combined effort of the police, Attorney General, and Department of Consumer of Regulatory Affairs, working hand-in-hand with the community, is starting to make a real difference.  I am told that illegal activity continues, however, and may have even worsened in recent days.  Now we need to follow through from the DC government.

Fun Fair Video received a C of O to operate a video store that was "not sexually oriented" in 1996.  Residents have found that the business is a significant contributor to drug dealing and prostitution in the area, and some have been threatened walking outside their homes. They cannot understand why Fun Fair has been permitted to operate an adult "video arcade" with private viewing booths in clear violation of the law.  The Coalition formed in August and held a rally to urge long-awaited government action on September 17. 

We are in the process of scheduling a follow-up meeting with government officials.

Comments
Thanks to all who went in there today. I wish I could have joined you. Remember that while we wait for our next meeting with City officials, we do have another opportunity to address Fun Fair and some of the other contributing factors to crime in our neighborhood (like the NPS parks) on Monday at 6 p.m. We will have a community walk with Council Member Wells starting at 555 Massachusetts Avenue. All are welcome to join on this tour of the issues in our neighborhood and help with the strategy and solutions.

Posted By Thais / At 10/11/07 5:03 PM
It's kind of hysterical how easy it is to operate an illegal business in the District. While not as "sexy" as the Fun Fair Video situation, it seems several car lots in Shaw have been operating without a valid business licenses for that kind of business for years.

Posted By ML / At 10/11/07 5:50 PM
the manager on duty was having a fit when were inside the store just standing around socializing with each other, looking over merchandise and observing. he told us that if we showed him a government id we could get a close look at his licenses that were posted behind the counter.

Posted By richard r / At 10/11/07 7:16 PM
"Licenses"

Posted By Nicholas McKenna / At 10/12/07 3:33 AM
one appeared to be the basic business license, another appeared to be a tax license and the third the C of O

Posted By richard r / At 10/12/07 5:27 AM
it amazes me how toothless the govt is to enforce their own laws. I have a feeling Fun Fair will still be operating for years to come.

Posted By pgrace / At 10/12/07 9:46 AM
Their logic is inexplicable. According to DC Gov, I can go turn my house into a porn palace and wallow in illegal debauchery while going to court every few years. I do NOT understand. If they can close restaurants, hair salons, construction sites, pretty much anything else...why cant they go nail the Fun Fair door shut??!!

Posted By Si Kailian / At 10/12/07 10:38 AM
perhaps the city only responds when there there is a rally and protest.

Posted By richard r / At 10/12/07 11:22 AM
Well, the city tends to also respond when they're made fun of and it gets good attention. I can name a few instances. It seems that the government of DC thinks everything that happens here inside the fragmented diamond, stays here.

More details to come.... *grin*

Posted By Nicholas McKenna / At 10/12/07 1:37 PM
The video of the 10/11 Channel 7 News report on Fun Fair ignoring the order is available here: http://cfc.wjla.com/videoondemand.cfm?id=4106
Text is here: http://www.wjla.com/news/stories/1007/463135.html

Posted By Cary Silverman / At 10/12/07 2:22 PM
Looks like someone vandalized the Fun Fair signs. Either rocks or shots but the signs on both sides are broken. Interesting (and not me!!).

Posted By Anon / At 10/15/07 7:45 AM
i'm sure their lawyer mr katz will call it a hate crime against sexaholics

Posted By richard r / At 10/15/07 9:21 AM
OAG has filed for a TRO on Fun Fair with hearing on Wednesday.

FOR IMMEDIATE RELEASE For More Information Contact:
October 15, 2007 Melissa Merz (OAG)/202.724.5493

Karyn-Siobhan Robinson (DCRA)/202.442.8947



ATTORNEY GENERAL SINGER, DIRECTOR ARGO WORK TO SHUT DOWN FUN FAIR ADULT SHOP



Washington, D.C. - The office of District of Columbia Attorney General Linda Singer today requested the D.C. Superior Court to order the adult entertainment shop Fun Fair Video to immediately stop operating because it is doing so without a certificate of occupancy.



Singer, who has been working closely with Department of Consumer and Regulatory Affairs (DCRA) Director Linda K. Argo to shut down the shop, said, "Fun Fair Video has been operating outside of the law for too long. We have taken action today in court to make clear that this is a new day and that Fun Fair must close its doors now."



"DCRA is committed to taking strong and aggressive action against businesses that flagrantly disregard District laws and regulations," Director Argo said. "DCRA's investigations, combined with the enforcement authority of the Attorney General, will finally allow us to remove this business from the neighborhood."

Fun Fair Video is located at 919 5th St., N.W., and specializes in the sale of erotic entertainment, including videos that show explicit sexual activity. On November 19, 1996, its owner, JMM Corporation, obtained a certificate of occupancy to operate a video membership store at this location. The certificate of occupancy stated that the allowed use was "not sexually-oriented". No other uses were authorized.

After a series of inspections, DCRA revoked Fun Fair's certificate of occupancy because a significant and substantial portion of Fun Fair Video's business was observed to be sexually oriented and because the certificate of occupancy did not authorize the mechanical amusement machines found on the premises.

DCRA also revoked JMM's mechanical amusement machine license finding that "public decency was compromised by the activity in and around Fun Fair Video."

JMM did not close Fun Fair Video, but instead appealed these revocations to the Board of Zoning Adjustment (BZA). On October 1, 2007, the BZA issued a written order denying the appeal. Today, the Office of the Attorney General is requesting the Superior Court of the District of Columbia to order Fun Fair Video to immediately cease operating because it is doing so without a certificate of occupancy.



The hearing on the request for a Temporary Restraining Order (TRO) will be heard Wednesday October 17, 2007, at 10 a.m. in Judge in Chambers.





-30-

Posted By Thais / At 10/15/07 3:03 PM
mechanical amusement machines! is that what they are supposed to be?

this is great news that the OAG is moving on this.

Posted By Si Kailian / At 10/15/07 3:26 PM
TODAY's the 17th Has Anyone heard???The hearing on the request for a Temporary Restraining Order (TRO) will be heard Wednesday October 17, 2007, at 10 a.m. in Judge in Chambers.

Posted By Paul / At 10/17/07 1:32 PM
fun fair lawyer got a delay til 2pm. they are due back in court shortly.

Posted By Si Kailian / At 10/17/07 1:39 PM
Channel 7 just reported:

decade long battle between Northwest residents and an adult video store may be coming to an end after a D.C. Superior Court Judge issued a Temporary Restraining Order closing Fun Fair immediately, Wednesday.

Last Thursday, the Fun Fair refused to close its doors after the District revoked its business license.

"The Fun Fair must close now," said D.C. Attorney General Linda Singer.

The D.C. Attorney General pledged to do whatever it took to close down the business after Mount Vernon residents rallied against the Fun Fair Video on 5th and K Street, NW claiming the store is a hot bed for drug dealers and prostitution. Management at the Fun Fair said enclosed booths in the read of the store are for adult-video watching and declined to give further comment.

Meanwhile, D.C. police have confirmed there have been several prostitution-related arrests made around the area.

Neighbors said they were disappointed after the Fun Fair refused to close but they were hardly surprised.

"They are not ones to actually follow the law," said Cary Silverman of the Coalition to close Fun Fair, a neighborhood group.

Jonathan Katz, the Fun Fair's attorney has filed numerous briefs in an attempt to keep the store open.

ABC 7/NewsChannel 8's Stephen Tschida reports Katz even tried to delay Wednesday's emergency hearing by complaining to the judge that he was coming down with a cold and needed to go home to get some rest. The judge refused to grant Katz request.

Posted By Thais / At 10/17/07 4:45 PM
10 DAY TRO GRANTED.

Posted By Si Kailian / At 10/17/07 5:44 PM
Are they actually closed now? I just drove by there and it looked like the gate was shut. It was looking rather forlorn. Boo hoo, crocodile tears.

Posted By Charles Walker / At 10/17/07 6:09 PM
Walked past there on my way home at 5:30pm 10/17 The gate to the door is locked and a sign on the door says We're Closed

Posted By Paul / At 10/17/07 6:59 PM


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