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.

Who Knew? Richard Jaeggi Proved My Point In 2005

In September 2005, Richard Jaeggi who is currently leader of Gandhi Brigade and an adult supervisor of Mixed Unity, wrote an article for the Takoma Voice in his column Big Acorn...addressing exactly the same issue Silver Spring skateboarders are struggling with today.

Richard's kids all skateboard, and in this article he explains how his daughter Lisa researched the issues and found this:

"In her research my daughter discovered that the eastern portion of Ellsworth Drive, the part in front of City Place, was not covered by the lease agreement. One third of the street remained public and was presumably governed by the public laws of Montgomery County — and, it seemed, still subject to the First Amendment. Despite their policy, security guards had no jurisdiction to enforce PFA rules on a public street."

Now I don't know what the managers of DTSS have been telling their security staff because they sure seem to think they DO have the right to restrict peoples' rights on ALL of Ellsworth Drive in DTSS. Somebody needs to send them a memo because I and virtually every skater I know has been harassed and chased off of Ellsworth Drive for skating.

I've been skateboarding for a year now and the harassment started even before DTSS and the Silver Spring Regional Office stopped allowing skateboarding on the lower part of Ellsworth — where DTSS security clearly has no jurisdiction and no right to complain about anything.

But even on the main part of Ellsworth, Richard's kids, Lisa, Daniel, and Isaac, staged a skate-protest way back in 2005, and the security guards who had been aggressively chasing out skateboarders, did absolutely nothing. Why? Because they have no legal right to:

"Lisa and my sons, Daniel and Isaac, concocted a plan to test this theory. On Saturday morning skateboarders began to converge on our house. After feeding them pancakes and orange juice, Lisa gathered the motley crew of about fifteen teens in a circle on the driveway for a pep talk. She told them that this was about their right to stand up and contest something that was unfair. She made them promise to maintain discipline: to be respectful and to let her do the talking if security guards or police confronted them. In high spirits and ready for anything, they set off on their skateboards for their rendezvous with destiny uncertain how this would all play out.

I had volunteered to be their cameraman so I had an insider-outsider perspective on the day. I taped them as they crossed Fenton from the east; skateboards in hand, they were at the same time giddy, anxious, and determined. When they reached the forbidden Silver Sprung they smoothly dropped their boards on to the street and one-by-one proceeded to skate single file around the perimeter of the road-- being careful to avoid the western part of Ellsworth.

Personal experience had prepared each of them for the worst: a stern reprimand with threats of tougher consequences for future disobedience. Nothing had prepared them for what actually happened. The security guards said nothing and did nothing. Wordlessly they did the slow, determined cop-walk past the growing ranks of skateboarding teens."

The drums of Ellsworth — A protest becomes a party