White Center Now: The blog about White Center

From the Public Health Department’s e-mail bulletin:

*Asian Bubble Tea* located at *9835 16th Ave. SW, Seattle, WA 98106* was closed by a Public Health food inspector on Wednesday, May 11, 2011 at 12:30 pm for operating without a valid permit.

You can check its status by going here.

The dog added to our West Seattle Blog Lost/Found Pets Page on Sunday evening disappeared from the Gatewood area but might be in White Center, according to a sighting that came in Sunday night. The dog’s owner has been notified, but we don’t have word yet of a reunion, so we are publishing a heads-up here too: August is a 2-year-old Weimaraner, not wearing his collar. Anne from South Park was headed east on Roxbury when she saw a Weimaraner running in traffic west near 8th and Roxbury and sent WSB a note about it. She’s also talked to August’s owner, Joshua, and she notified police. If you see a dog that looks like August, you can reach Joshua at 206-856-5860.

By Deanie Schwarz
Reporting for White Center Now

When the North Highline Unincorporated Area Council held its monthly meeting on Thursday evening before a large audience, the two current issues which dominated were the three known medical marijuana dispensaries which have appeared in the unincorporated area of North Highline and the proposed elimination of the ongoing “contract” between King County and the existing six Unincorporated Area Councils.

This report focuses on the first topic, with another story to come: Councilmembers queried Captain Hodgson from the King County Sheriff’s Office and King County Council 8th District Representative Joe McDermott, who each provided insight and as much known information as was available on both areas of concern.

On medical marijuana, the theme seemed to be that authorities are taking a “cautious approach.”

King County Sheriff’s Office Capt. Hodgson provided his monthly updates to the group which will be provided later, but the bulk of his participation was addressing the questions from the council and audience who were seeking clarity on KCSO’s stance toward the three currently known dispensaries, White Center’s Herbal Legends, Green Piece (GAME Collective), and Top Hat’s Cannabis Oasis, which have each opened their doors within the last two weeks.

Hodgson prefaced his statements by saying that KCSO is taking a baseline cautious approach. “The fact of the matter is [these operations] may be completely compliant with the law. I am commenting here because of the public outrage we have received as a police department, but the fact is that we may get in there and find out they are not violating any public law. If that’s the case, we’re going to have to learn a bit of tolerance,” he said. But, he says, “We will come up with a strategy – I don’t know that it will be tomorrow though. But the Prosecutor’s Office and the Sheriff’s Office are not secure in breaking down doors because of the lack of clarity in the law.”

That grayness of the current state law regarding medical marijuana was brought up repeatedly as different angles on the gaps the medical marijuana initiative (approved by state voters in 1999) has created. Of great concern to the group was public safety and the impact on economic development for the fragile North Highline community which does not have the oversight of city governance and, because it is in the unincorporated area of King County, has less restrictive if not different business and land use licensing requirements than those areas which are incorporated. Two weeks ago, Governor Gregoire partially vetoed Senate Bill 5073, which was recently approved by the legislature to regulate medical marijuana enterprises. A special session is currently in progress and a new bill is reported to be in progress. Neither Hodgson nor McDermott had seen it.

The community members, law enforcement, licensing agencies and the “dispensaries” themselves must negotiate what is current law and its interpretations as the proposed Olympia legislation moves through that process which could, potentially, result once again in a veto by Gregoire. In the meantime, Hodgson says, “We’ll have to work in partnership with the Prosecutor’s Office and possibly DDES and maybe even the federal government to figure out what the best approach is. We’ve established that the security in those businesses far exceeds anything else in the area. Our problem is we have to get in there to see what is going on to determine what law or what part of the law they might be violating in order for us to make arrests or even to get into the building on a search warrant. Cities and other localities have had good luck with fighting these places with the licensing requirements, but as we’ve said, we don’t have the licensing requirements here in North Highline.”

When some spoke to their concern that the citizens of White Center are being forced to deal with the lack of licensing requirements from the County, Hodgson pointed out that KCSO would be working with DDES on this and if the process with the dispensaries is anything like Club Evo’s licensing saga, DDES will probably give them a chance to apply for a license. But, he went on to say “DDES has notified us that as far as they are concerned, these businesses are illegal, so I don’t know where that puts them with that application process.” The seemingly dead end regarding County licensing was not lost on Councilmember McDermott, who also encouraged all to contact their legislators:

The notion of King County imposing a moratorium on any such businesses was brought up by Diana Toledo, who ran for King County Council last year and has said she will run again this fall. McDermott agreed that if the legislation does not get approved with more enough guidance, that he believes the County Council will look at a moratorium. Toledo said, “ I am hoping that it isn’t going to be the case here in White Center, but I’m thinking back to other local cities who did not have moratoriums on certain entertainment establishments such as strip clubs and strip malls. It makes you think of the secondary negative effects for those communities… What happens inside the closed doors of a private club isn’t necessarily my concern, but those establishments spilled out on to the streets and affected the kids with drug use and prostitution and other things of that nature. And that’s where the communities have had huge concerns with it.”

Continuing, Toledo said “With the current lack of a moratorium, and as long as it might take for the Sheriff’s department to sort out what they are going to do, and determine what’s legal or not, there could soon be 50 of them here. Especially if they know they are going to be soon [declared] illegal or that there a future moratorium is coming – that’s when they spring up. I would just encourage you (CM McDermott), based on what we have learned from other establishments and cities that have targeted these types of neighborhoods that are desirable because of the low rent to consider a moratorium. Now, I don’t know for sure and I haven’t looked at the issue until Mr. Johnson suggested it. But I would encourage you to take a look at it and see what is really preventing the County from immediately following suit with the other cities [which have imposed moratoriums].

Hodgson addressed the question of the Green Piece/GAME lounge and whether patients/customers will potentially be at risk of endangering themselves or others if they are under the influence of cannabis when they leave. The lounge provides marijuana to properly papered patients, but also encourages smoking of marijuana and socializing on the premises, as well as prepares and serves THC-infused food (medibles). Vendors of the medible products at an event at Green Piece had previously told WCN that they do not condone driving cars after consuming the food and were concerned that the lounge may not have policies addressing overuse or consumption of marijuana given the environment the lounge is providing. The vendors said that when THC is digested, the effect is slower to induce the therapeutic effect but also is metabolized much slower and is a more body-relaxing “high” which is significant enough to warrant not driving an automobile.

Capt. Hodgson explained, “The burden of proof on a DUI, whether it is alcohol or drugs, is proving that the driver is impaired.” WCN had also been told by Capt. Hodgson and Capt. Beutschli that Drug Experts are available at KCSO who can identify the markers of drug impairment in an individual and could potentially be called in if an individual is suspected.

The Department of Health, which oversees licensing of food businesses, says on its website that medical marijuana dispensaries are illegal businesses and therefore do not have regulations regarding them and any food they might serve. Some folks were not clear on how smoking could be allowed in a “medical” facility, but because the Green Piece lounge is a nonprofit “private” club, patients/members forego the right of a nonsmoking environment in public establishments.

“We have to remember that this law was approved by voters, not by a Council or a legislature. I do not think that this end result was foreseen. Certainly, I think most of the voters who voted yes on the ballot did not foresee this and now have regrets. Of course, there are some who are pleased about it. But, there wasn’t enough foresight in that ballot measure to draw the lines [of what is allowed or disallowed],” said Capt. Hodgson.

What was not “foreseen” was reflected in the questions that came up but had few solid answers, and most will not until and unless the special session legislation addresses them, or potentially the King County Council and Executive act independently to address the permissive licensing requirements for unincorporated King County. The long list of concerns addressed the gaps including whether there will be a limit on the number of dispensaries allowed in certain areas. Hodgson said reiterated that KCSO has no authority for such determinations and that DDES would be the authorizing body.

Numerous additional questions were asked and comments made which may have to wait for legislation which may or may not arrive from Olympia: How can dispensaries, or any one for that matter, sell marijuana which is still illegal under federal law? (Sixteen states have medical marijuana laws which allow possession by authorized patients.) Others wondered how a nonprofit can operate and receive donations and write off expenses and how the state Department of Revenue and IRS address this by law for dispensary type businesses.

Again, no easy answers. (Part 2 of our meeting coverage is yet to come.)

At Big Al Brewing (9832 14th SW), the White Center Jubilee Days Spring Fling and Pinewood Derby is happening this afternoon, all the way till 7 – go support WCJD! Also in White Center:

Till 3 pm, at West Seattle Montessori/West Seattle Academy, the halls are lined with plants and gift items for today’s annual sale – and it’s not just a shopping opportunity; edible-gardening expert and author Amy Pennington is speaking and signing books till 3 pm. 11215 15th SW.

Quite the crowd down the hill in South Park this afternoon as a Cinco de Mayo festival was combined with the celebration for the start of South Park Bridge construction. The bridge that for a long time was no sure thing is now exactly that and is scheduled to be open in about two years. Our video captures the entire 40-minute ceremony with political speeches and at the end, the trap-door opening on the giant piñata!

The proliferation of medical-marijuana enterprises is on the agenda at the North Highline Unincorporated Area Council tomorrow (Thursday) night. King County Councilmember Joe McDermott will discuss it while speaking to the council, according to NHUAC councilmember Barbara Dobkin.

This comes while new medical-marijuana businesses continue to open in the unincorporated area, even as the push toward state regulation is mired in political disagreement. Just a few days ago, WCN contributor Deanie Schwarz found another one that has just opened:

She reports: Cannabis Oasis, located at 11109 1st Ave. So., opened for business more than two weeks ago in the Top Hat area as a nonprofit medical marijuana dispensary. This is the third known medical cannabis related operation that has just opened or will soon open in the area, along with Herban Legends and Green Piece, both located on 16th Ave. in the central White Center business district. (In neighboring West Seattle, at least two medical-marijuana enterprises are currently in operation and actively marketing themselves, while there are reportedly others that are keeping a low profile; a third that plans to operate openly is coming to 35th/Roxbury.)

State legislators are hoping to get a new bill approved during their current special session, to make up for what was lost when Governor Gregoire vetoed parts of the bill both houses had approved during the regular session. A key player in this is our area’s senior State Rep. Eileen Cody, since she chairs the health committee in the State House. We caught up with her in West Seattle last weekend to ask about the issue:

As for local authorities, we had spoken with them extensively while the now-gutted bill was still going through the State Legislature. They all had hoped for a consistent state law – but barring that, local control might be needed and that’s exactly what King County Prosecutor Dan Satterberg has told Seattle Weekly – particularly considering one side effect of the governor’s action is apparently that one rule regarding providing marijuana to patients is about to get a lot tougher, and wasn’t originally intended to work out that way. That, according to our partners at the Seattle Times, leaves the current operators in fear of raids once the new law takes effect in July – unless changes are made before the Legislature’s special session runs out. Again, this is on the agenda for NHUAC tomorrow night – 7 pm, North Highline Fire District</strong> HQ (full agenda here).

11:07 AM UPDATE: From Deanie Schwarz at the celebration – we added her video of the benediction above; here’s the schedule for the next few hours:

11:30 Rappers SJ and Princy
11:50 Dance Troupes: Coconut Dance and Rice Dance
12:00 Traditional Games and Banana Eating Contest
12:30 Healthy Cooking Demos
1:00 Dance Troupe: Scarf and Karp Dance

Then tonight, it’s Roller Derby at Southgate Roller Rink! Details here.

With new medical-marijuana businesses continuing to open, including two in White Center, the governor has just vetoed key parts of a bill that would have clarified where these enterprises stand in state law. Seattle’s city attorney and mayor have already sent official reaction, and we’re looking for more from the county and state; here’s our updated story on partner site West Seattle Blog.

From WCN contributor Deanie Schwarz, photos and this quick update:

The long-vacant space at 9603 16th SW will have a new tenant as of May 1. Decoraciones Ely, a decoration and wedding supply shop, currently located down the street at 9640 16th SW, will be moving in with their vast inventory of wedding, baptism, and quinceañera supplies.

Below, shop owner Elisa fits a young woman for her quinceañera, a traditional Mexican birthday affair akin to Sweet 16 birthdays, honoring a young lady at 15 years old.

Right now (5:31 pm), there’s no bowling at Roxbury Lanes, but the restaurant’s open, as crews clean up after what we’re told was a small fire. We’re still working to gather the details; Seattle crews were there for a while to help North Highline.

5:41 PM UPDATE: It was a small fire in the laundry room – some rags caught fire. The bowling alley WILL be open for business, firefighters tell us, as long as they keep fire watch tonight.

We have the court documents this morning in a case first reported last night by seattlepi.com – two suspects charged with drug violations in connection with what authorities call a “drug house” in the 10400 block of 8th SW. The charges are filed against 51-year-old Charles Whitney Nelson and his 54-year-old brother Vance Mclay (aka Martin Nelson).

According to court documents, the King County Sheriff’s Office first got a complaint about the house in August 2008; the suspected drugs were heroin and meth. They checked on the area and “contacted” people from time to time, including surveillance and two arrests in December 2008; after that, the court documents say, activity “declined” – till early 2010. June 30th of last year was a pivotal date, according to the charging papers; a deputy and detectives parked nearby, watched comings and goings, and started stopping and arresting people. Then they discovered a three-year-old boy was in the house, grandson of Charles Nelson. Checking inside, the KCSO team found what they summarized as “overwhelming filth, dangerous drugs and paraphernalia” and took the child into protective custody. They talked to Nelson and Mclay, who acknowledged the drug activity and promised to clean things up. They didn’t, according to numerous subsequent visits by law enforcement that are detailed in the court papers, and a raid last December netted 13 arrests.

Each brother faces two charges resulting from the court documents summarizing countless KCSO visits. King County Jail records show that Charles Nelson was in jail for a little more than one day after the mid-December raid; he has been jailed twice since then, once for about a day for a public-nuisance charge, once for half a day for criminal trespass. Mclay (Martin Nelson) also spent one day in jail after the mid-December raid, and half a day since then for criminal trespass. Both are reported to have criminal records going back into the ’80s.

If you were ready to be the first in line for the White Center opening of Zippy’s Giant Burgers – which spent its first three years in West Seattle’s Highland Park neighborhood, till the building where they’d rented space got foreclosed on – sorry, it won’t be today, after all. Zippy’s proprietor Blaine Cook tells us they’re still waiting for a key permit – details here.

Lots of chances lately for White Center business owners to network – and the next one is coming up tomorrow: Aileen Sison‘s been getting the word out about the White Center Business Owners Happy Hour she is hosting at Company, 9608 16th SW, Tuesday 4-7 pm. Here’s the Evite invite, with the event description:

Meet up and mingle at Company Bar with White Center Business Owners. Open to anyone who wants to meet local business owners and enjoy this new bar. Get ready for some killer $2 kebobs and giveaways (Contributions welcome). This event is held every LAST TUESDAY of the month.

7:15 PM: A house fire in the 9400 block of 8th SW in Highland Park has closed 8th SW immediately north of Roxbury, to Cambridge, so if you are headed into West Seattle, you’ll want to find an alternate route. (Nobody’s hurt; here’s our coverage on West Seattle Blog.)

From WCN contributor Deanie Schwarz: You might have noticed the recent addition at the midway crosswalk on 16th SW in the north block of the heart of the White Center business district. King County recently installed the small rack after Proletariat Pizza co-owner Stefanie Albaeck got proactive with an appeal to the county requesting the purchase and installation. The first rack will serve shoppers and visitors to the business core on 16th. But according to Stefanie, the County will provide additional racks to the larger community if this rack is well-used. If the change in the weather prompts you to take a ride to 16th, you now have a centrally located place to park your wheels!