Skater-hating in DTSS

Most kids who skateboard in downtown Silver Spring will tell you there's a very intense anti-skateboarding and anti-skateboarder atmosphere in DTSS. Here's some of what contributes to that atmosphere:

• The DTSS no-skateboarding rule and its enforcement. I and many skateboarders in the area have not just been asked to stop skating on Ellsworth, we've been yelled at, harassed, and threatened with police action, and two skaters reported being physically grabbed by DTSS security, and one said his skateboard was taken (the skater said he was able to snatch his board back.)

• I and other skaters were threatened with police action for simply standing on Ellsworth Drive while carrying our skateboards. Some kids had been skating, but they had definitely and clearly stopped when we were told to leave Ellsworth, and when a DTSS security guard actually reported us to the police via his walkie talkie.

• I'm not aware of a no-skateboard sign in the Majestic Theater, but they don't allow patrons to carry skateboards into their theaters.

• Fuddruckers has a sign near the entrance stating that patrons cannot bring boards inside the restaurant.

• Several skaters reported being kicked out of Potbelly's for carrying skateboards. I have not seen a no-skateboard sign in the store.

• The new Rainbow store in City Place recently asked me to leave their premises, (I'm a 48 year old mom), for carrying a skateboard inside their store.

There's a long history here. Richard Jaeggi wrote about it back in 2005:

Nowhere in Silver Spring is the prohibition of skateboards more rigorously enforced than in the heart of Silver Sprung on Ellsworth Drive.

Since Montgomery County does not have an anti-skateboarding ordinance, I find it difficult to understand how and why the lawful act of riding on a skateboard or even carrying a skateboard is often treated like some terrible crime in DTSS. And I can't understand any of this in light of County Executive Ike Leggett's letter to DTSS, after photographer Chip Py was almost arrested for taking pictures in in DTSS back in 2007:

"The County considers Ellsworth to be a public forum permitting the free and unfettered exercise of First Amendment rights by residents of the County and its visitors to the extent as those rights are exercisable by residents and visitors to the County on any public sidewalk or public street within the County...I trust that you will agree with me and will ensure that your rules and regulations for the use of Ellsworth by the public appropriately recognize and protect the First Amendment rights of residents and visitors."

And I can't understand why, after emailing the DTSS Property Manager and her head of security on November 14th, asking what legal basis they're using for prohibiting skateboarding on Ellsworth Drive, I still have not gotten an answer.

I question the rule and the way its been enforced. And I seriously question the logic of essentially criminalizing kids for participating in a sport.

ALL Of Ellsworth Drive Is Public Space

Don't take my word for it. Jennifer Nettles, the Downtown Silver Spring Property Manager, as well as Paul Liquorie of the Montgomery County Police Third District, said so. From the Gazette (bolding emphasis is mine):

Both Nettles and Liquorie said because Ellsworth Drive has been deemed a public street – Peterson leases the property from the county – residents have all their First Amendment rights and a curfew would not be possible.

and...

"We have to maintain First Amendment rights," Nettles said.

In other words, DTSS can't make up its own laws. They can't restrict behavior that is legal and lawful on any other county street.

Nettles' comments were made in response to community demands for a teen curfew following the melee of March 7th, 2009. In this article, Nettles and Liquorie confirmed what skaters have been saying all along — that Ellsworth Drive is not private property and as such, The Peterson Companies (owners of DTSS) cannot restrict anyone's rights.

Since Nettles is fully aware of the rights of citizens on Ellsworth Drive, why is it that for years, DTSS has essentially been creating and imposing its own laws, and restricting the rights of skaters? Montgomery County doesn't have an anti-skateboarding ordinance, and since both Nettles and Montgomery County Police confirmed that Ellsworth Drive is public property, it's clear that skaters have never been involved in unlawful activity while skateboarding there.

And yet, skaters have repeatedly been harassed and chased off of Ellsworth Drive by the DTSS "courtesy officers" who seem to think they're cops with the right to restrict completely legal and peaceful actions.

The only Maryland laws related to skateboarding have to do with young skaters wearing helmets. Oh yeah, and skaters can't attach themselves to any vehicles while riding.