Hanks Oyster Bar Expansion Debate Continues

by Alessandra Conti

Washington, D.C. (October 14, 2010):

When Jamie Leeds, owner and head Chef at Hanks Oyster Bar, decided to expand her popular Dupont Circle restaurant, she had no idea of the kind of opposition that she would face from residents. “I’ve proven myself as a successful business owner, and my business has been a success,” says Leeds.

Today, Hanks Oyster Bar and Dupont Circle protesting residents debated the termination of a voluntary agreement; an agreement that put regulations on restaurant policies like seating capacity, hours of operation, and, the clincher for Leeds, the prohibition of expansion of the restaurant.

Although no major final decisions were made at the hearing, both sides of the debate were represented. Through commentary from the members of the Alcoholic Beverage Regulation Administration (ABRA), it was apparent that the board seemed to side with Hanks Oyster Bar over the residents, even explaining to the residents that they have a, “fundamental disagreement about what a voluntary agreement is used for” ABRA board member Donald Brooks said. According to resident and observer Suzanne Poozesh, “some of them have already made up their minds”.

A small group of six residents were present for the meeting without legal representation. They were represented by self-proclaimed, “lay men” Michael Hibey, David J. Mallof, and Robin Diener of the Dupont Circle Citizens Association (DCCA). After about two hours of debate and discussion, Diener was dismissed because she had not filed the proper protest against Hank’s; a flashback to the previous meeting with the ABRA where she had been dismissed under the same grounds. The group of protesting neighbors, however, were not dismissed, and went onto the following testimony stage, which would go on for another four hours.

Leeds was represented by Andrew Kline, a well respected local attorney, who deals with a large amount of DC restaurant cases. Witnesses for both sides testified under oath. The big shocker came when Diener, who had just been dismissed from the rest of the meeting, came back as a witness. Ultimately, the ABRA adjured the meeting with the resolve that they have a few weeks to make a final decision on whether or not to terminate the voluntary agreement.

The ABRA seemed to get impatient with the residents because they did not have legal counsel. Mallof stated that he was annoyed at Leeds’ lawyer because he did not warn them that they were being summoned, but board member Brooks reminded Mallof, “His law firm doesn’t represent you guys… You have a responsibility to know the process and not rely on someone else.”

Another large portion of the meeting was dedicated to trying to come to a conclusion whether or not Leeds and her lawyer would comply with a “good faith attempt” to reach a compromise about the voluntary agreement by creating an amendment to it. According to the residents, Leeds was simply intent on terminating the voluntary agreement, and resisted discussion. But, Leeds and her lawyer deny this accusation, stating multiple mediation attempts.

The voluntary agreement between Hanks Oyster Bar and residents occurred in 2005, where Leeds faced similar opposition to the opening of the restaurant. After lengthy legal proceedings, Leeds compromised with residents and created their voluntary agreement, finally opening the doors to Hanks Oyster Bar on 1625 Q Street NW. She was surprised that she would face such opposition to expansion after five years of such a successful run for her business.

Some residents are in support of Hanks Oyster Bar’s expansion, but under the resident’s terms. Robin Diener of the DCCA, one of Leed’s opponents in the case explains, “The DCCA loves Hanks Oyster Bar and has no objection to expand it.” She describes Leeds as a “gracious hostess”, but emphasizes that Hanks Oyster Bar has “flourished under the voluntary agreement,” between Hanks Oyster Bar and the surrounding Dupont community.

Other residents are not so enthusiastic about the restaurants expansion. “I am opposed to the expansion,” says resident Suzanne Poozesh who lives right next to the building that is the proposed expansion of Hank’s. Poozesh attended the meeting with her husband, and are both concerned about their quality of life if the restaurant does expand. “We are going to live in noise,” she says. Because her home shares a wall with Hank’s, she is also worried about the value of her building decreasing. She described that doing normal activities such as bringing home her groceries would be, “very odd”. She also thinks, “it’s an invasion of privacy… Coming and going would be uncomfortable,” she says.

Despite protests, Leeds is dedicated to doing everything she can to ensure the expansion of Hank’s Oyster Bar. After all, “They have the best oysters in town!” says Kline.