Thursday, March 10, 2011
NOPD shuts down Iron Rail, Plan B and others in permit bust
Posted by Alex Woodward on Thu, Mar 10, 2011 at 2:32 PM
Less than 72 hours following a violent clash with the Krewe of Eris, a 200-person walking krewe in the Marigny, the New Orleans Police Department's 5th District has closed down the ARK building, four blocks from the confrontation, and home of the Iron Rail Book Collective and the Plan B community bike project. The building has been a creative hub for downtown artists and residents, among others, for years — from hosting music events and public meetings to offering safe creative work spaces and public resources. Here's the statement from the Iron Rail's website:
Well, as of Ash Wednesday 2011 we got shut down, along with Plan B Bicycles, Hasbin Willbys, and the dozens of artists, sculptors, printers and other subsistence-level creative folk who worked in the ARK’s upper floors, artists who have little money and nowhere to go.The Iron Rail was the first library or bookstore to reopen after the failure of the federal levees. Our weekly meetings were always open to all, even our enemies. We worked without pay, and we enjoyed every minute of it. We’re not finished yet.
But the ARK, the crown jewel of the Marigny, is gone. Mourn the ARK. It was a focal point of the downtown arts scene for decades — it was a crucial piece of the city’s creative fabric — and now NOPD has shut it down, just like they shut down the Blue Nile costume sale, just like they arrested brass bands last year, just like they attacked the parade of Eris.
Last night, Gambit emailed the NOPD for a statement on the closure, asking which permits were missing and whether the groups had been given warnings in the past. The NOPD has yet to respond.
4:49 p.m. update:
From NOPD officer Shereese Harper, emphasis ours:
The New Orleans Police Department’s Fifth District received a citizen’s complaint through the office of a City Council member indicating a business at 511 Marigny Street was operating without proper permits issued by the City of New Orleans.Yesterday, the owner of Iron Rail Book Collectors was advised by the Fifth District Quality of Life officer to close the business until the Revenue Department could determine the status of the business operating licenses. There were no citations issued as a result of the closure, however, the officers issued a verbal warning.
Today, Romy Samuel, the Collector of Revenue, stated that the business does not have active permits for 511 Marigny Street.
Comments (29)
Showing 1-25 of 29
Has the NOPD gone from "Not Our Problem, Dude" to "Nightsticks Out, Pound Dem!"?
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"...does not have active permits for 511 Marigny St." That last section is further down in the email, but it's clear on the Facebook page linked in the message. Looks like a formatting issue.
The Facebook page also gives a cell for the officer to contact.
I would like to know if "all the artists upstairs" means the studio I had (where the poet Moose has since worked) at 511 Marigny for many years until the Kafkatrina Federal Flood of 8/29/05.
If so then New Orleans has been dealt a grievous blow indeed, a stab so deep that I am left with only 1 question: "Et tu, Mitch'mo?"
This is heinous on the scale of the Salem Witch Hunts or McCarthy era blacklists. For me such civic ass-hattery belongs in covenants of Boca Raton or Baton Rouge ---not in this City of Living Metaphor, where a misunderestimation of Cliche' can get you killed and the 5th District will throw people in jail for marching on Goddamned Mardi Gras!
Just to play Devil's Advocate, the occupancy license is only $50 and a bookstore license is also only $50 dollars. The city license is $190 (this is a one time business license). Inspections for safety, fire, and health are a different department, and could be subject to another fee.
I've been to the ARC for art shows and it is a great space. I do not remember seeing any fire safety items, such as fire extinguishers or sprinklers.
I would much rather see a business get shut down temporarily to resolve safety issues, than to see another tragic fire, especially one that took 8 lives plus two dogs.
It's the Doerr's family that owns the building, put pressure on them to get the building up to code and then fill it with business and artists.
Is this in retaliation for the Eris debacle? probably, but if you give someone the ammunition to shut you down then it's all on you. If you are properly permitted they cannot mess with you, end of story.
@Frolic - we asked the NOPD what permits those would be 24 hours ago, and haven't gotten an answer.
Kevin: Did you ask the Iron Rail if they had a business license? I assume you did.
Are they not responding either or can you not track down anyone involved with the book collective?
Giving someone the ammunition, as was put above, does not give them the right to shoot you in the ass. Besides, this also hurts anyone who makes use of the space but had nothing to do with the management of it or the altercation/atttack.
I always laugh when people mention rights. The only "rights" you can say is the right to life, liberty, and the pursuit of happiness. Nowhere in there do you have the right operate a business, then we would have the right to pursue commerce.
The point is, you give some one the excuse to shut you down, and give them the ability to shut you down, do not be surprised if you get shut down.
There are consequences to behavior and actions. The law of physics, for every action there is an equal and opposite reaction.
Lets get real folks... Over 11 years with no permits, endless safety and code violations and not one tax was paid. It's amazing the city let it fly as long as it did, it was never really "under the radar".
While I'm amazed at all that has been done over the years and that was nurtured in that space I have to say , the ARK is not dead... Simply transitioning. Ark stood for- Artists Resource Kollaborative /Kollective and that was what the downstairs was supposed to house, an education, visual and performing arts resource/ exhibition center as well as the bike project and recycle for the arts.
After school art programs were to be offered to kids of all ages in the community.... Yet as awesome as the bike project and iron rail is... They took over years ago and all the other projects in the space have been long neglected.
I can't believe the nerve of iron rail to release such a statement, capitilizing on the sentiment for what was once a community minded creative arts space before they ran it into the ground to further thier own agenda. And when was the last time the bike project delivered bikes to underprivlidged kids in New Orleans neighborhoods?
Don't fall for it, Iron Rail is not an arts organization.
And how absurd to consider putting pressure on the Doerr family to being everything up to code for these guys. The Doerr family has supported and really care about the artists they have supported over the years and thoer community.
It's not the responsibility of a property owner to renovate, permit and provide business licenses and insurance to thier occupants. They have been so patient and supportive over the years. The doerrs are very lucky that place didn't catch fire and burn to the ground causing harm to all in it...they COULD be liable for that.
To Hedrew: I don't understand the relevance of the Doerr family or business in this matter. Please elaborate.
Whatever your opinion of the various collectives established within the ARK or the contingency of people aligned with it, it is a fact that the non-profits affected by the actions of the 5th district - who performed a disgustingly illegal "eviction" - existed philosophically and actively as supporters of the New Orleans community at large. The Iron Rail is not exclusively an arts organization. It is also not a political organization, but a resource with a mission involving, but not limited to, improving literacy and public awareness.
Please, recognize that the Iron Rail or ARK has been stripped from the community as a backlash of certain vengeful figures in the NOPD and City Hall. The ARK or its affiliates were not responsible for property destruction during Eris. I believe some authorities knew not how to react to that event effectively and legally, so they took what they could and thereby robbed our community of an inherently positive, not-for-profit and locally-driven element of our cultural framework.
As an aside, there are a plethora of businesses in this city which function outside of the skewed bureaucratic scheme of city hall, including some well established places I've personally been employed at. It's part of our history, and simply how a good bit of business works here. The house I own is still zoned light industrial after pestering Perdido st. for months (there's been a house here since 1929, and briefly a corner store in the 70's). Certain things are at the whim of city hall to tolerate. This reprimand absolutely does not represent legitimate concerns of the city. This is repression.
Someone above mentioned putting pressure on the Doerr family to fix the mess and then give the building over to the artists... thus the mention.
The community is not being robbed. Iron Rail can move, but I personally know one of the three founders of the ARK, do you? Seems no one over there does these days and the ARK will carry on. The community has NOT been stripped of a valuable arts resource and to scream that is has is just generating more animosity over an issue and blowing it way out of proportion for their own benefit. That place ceased to be an arts center long ago.
Pretty insulting to the artists who established the location to be run over by anarchists who never acknowledged that they were ALLOWED to operate for YEARS because of the merit and dedication of a small group of artists who worked their tails off to make it happen. The entitlement is sickening. How many ARK members are there? Who are they? how long have they been involved? Do they even know what the name meant? What the mission was/is? C'mon.. anarchist are crying foul over the man coming down on the arts when that is NOT what this is about.
Also, its not an illegal eviction, these guys have KNOWN for years that fire exits were needed as well as code issues and building permits.. they were allowed to operate a very long time.
Whens the last time you saw an art performance, gallery show or attended a community education class at The Ark? The place was run over long ago...
To Hedrew again: it's not just the Iron Rail and Plan B being closed. Paul, the ARK's curator, has been explicit about this being the absolute end of the institution. "511 Marigny will be condos..."
I believe focusing on the fact that Iron Rail has, in your opinion, usurped the original purpose of the ARK (not saying that's an unreasonable argument), and therefore overlooking the ugliness of the city and police, the injustice of this situation, means overlooking the fact this is a special challenge to many of our city's artists and radicals. There is, to be clear, a common degree of crossover between the two. The IR collective did not weasel its way into the space, after all.
Absolutely the Iron Rail can move, and will. As will Plan B. And absolutely the city tolerated these collective's existences for some time. The question posed to collaborators now is, what's stopping something similar from happening again? There are ways beyond permit issues the city and police can employ to interfere with a business, even (perhaps especially) a non-profit. Code enforcement is not executed democratically here. Thus: can a stable space be established in a city notoriously and bureaucratically unfriendly to artists, musicians, writers, organizers, activists (and apparently librarians?) Can organizations promote real change and provide genuine resources if always in flux?
This is a time to look at some real issues about how our city works, in spite of opinions! The Collective has stood behind artists, residents, school children, college students and the recovering people of New Orleans in real and often heartfelt ways....it may be a small and fringe organization but we can't as a community turn our back on the people who opened their doors as the first library available in the city after Katrina. We also can't underestimate what the closing of the ARK, an institution with close to historical precedent, a place known about and discussed around the nation as a model of a community sponsored artists' resource in a hurting city, means to the people trying to perform their life's work here.
You're asking the wrong question here,
"Can a stable space be established in a city notoriously and bureaucratically unfriendly to artists, musicians, writers, organizers, activists"
First- NOLA is far from perfect but I would argue the opposite of your statement. I have been a successful artist in this city for many years now and think that even with the troubles it is far more friendly to arts & culture than other cities. I'm married to another artist, we support our family very well. I live solely off my work here, I couldn't do that just anywhere. AND we even have lots of pro artists friends who make it here as well. Thats why many of them settled here with their families instead of moving away long ago. New Orleans is very accepting and supportive of the arts. Yet, we STILL register with the city to run our art business and have to pay permit fees every year. And currently this city does not charge taxes on any ART item.
Second- In answer to your question.. YES a space that has good management , is willing to follow the law and work with others in the community is absolutely capable of existing in this city.Especially one that supports the greater good. Please. NOLA is begging for it. Everyone should stop acting like victims, .. and no non-profits are not targeted specifically and usually get FAR more leniency than other organizations...and LEGALLY they cant mess with you if you are compliant with the law... why would they. I'm tired of hearing the complaints from people who assume the worst yet never bothered to get the permits or licenses needed to operate.
Collaborators who want to make a difference and continue their work certainly can, just maybe with more legitimacy and accountability.
I don't think Paul is in any position to make such huge statements. The ARKs curator... Im curious who appointed him? Is there a board is it a registered entity? WHAT exactly IS the ARK these days, cause last I saw there was no exhibition space/gallery/education space set aside for the ARKs stated mission.
Again, I know the founders and Paul was not one of them, nor do I think he even knows them. I've seen those incorporation papers and no one who's name is on it knows him. That's not to say he isn't a great guy that tried to keep something going the founders walked away from long ago. But while I appreciate the ARK sticking as a name, tell me, how is this" institution close to historical precedent even organized, managed and run..."
Sounds to me like opportunist jumped on a beautiful idea and claimed to be all those things that were intended... yet did little to follow through with the original mission.
There was a time when that space was more friendly to emerging artists...when plays were produced, spoken word events happened, free educational classes and materials were there, gallery shows happened.... and maybe I somehow missed it while getting harassed by gutterpunks when I walked by the building... or when I went in to check the boards and see what was going on and was treated like an unwelcome outsider...
yet it seems much of what the ARK was intended to be ended a very long time ago and a tight circle of friends who had nothing to do with the foundation or vision of the ARK has utilized that space for their own interests for years now....
....While capitalizing on some of the awesome work that was initially done in that space.
We don't need to blow it out of proportion, nor underestimate how this can actually bring the community together better in a way that benefits many. We can learn from mistakes and do it better next time... don't you think? For all those loving people who were passionate and committed. don't you think we could weed out the BS and actually support something with a bit more... diversity and solidarity?
I just look at it as a needed transition.
Now lets all get busy making something even better.
wtf were the 'tards at Plan B/Iron Rail thinking, that New Orleans,being the third world shi*hole that it is, that they could operate w/out being licensed?
excuse me markmayhew. transgender and lady friendly days ONCE a week are pretty common & best practices in communities that want to create safe spaces for all specifically because of reactions like yours that end up as defaults in open repair nights in a patriarchal society. perhaps some women and transgender folks (by no no no means all) do not want to deal with your insults and claims of reverse discrimination while they are trying to get some actual work done on their bike!
separately, anarchism, by definition, is opposed to state coercion or domination. the resources brought to the community by free events, meeting space and a lending library there clearly should outweigh the meager sales tax that was owed. that's if you agree we live in a world where the state has fallen far short of using our funds effectively, in fact failing to meet folks basic human needs of housing, health and shelter.
Hedrew: Well said. Congratulations on finding the city hospitable to your mission as an artist. Thank god, many do. But perhaps not the majority. The culture and the businesses dedicated to art here is absolutely one-of-a-kind and welcoming; the city, I mean Perdido st, can be a nightmare (really to anyone, not just artists).
My point is not to blow this one scenario out of proportion; but to really see this an opportunity to re-assess how radical projects, including those involved with art, can not only make a lasting impact but last, period. I believe this is dependent on outspoken community support - not sheer legality. When an institution is legal and making money - say a gallery or artists studio - there are going to be far fewer interferences than if it operates outside of the spectrum of capital. And that's people's legitimate choice if they choose to operate that way. The fringe is what it is, and it can be damn exciting.
Your bad experience with what the ARK developed into is legitimate, too. Any community resource should be welcoming and inclusive, and it sucks that it wasn't, I know it often wasn't. But that doesn't mean it wasn't valuable - cliques happen, especially when it comes to infoshops and other radical projects, and have to be overcome.
I used the term curator for Paul. He was/is a long-time resident of the lofts and served as liaison to the property owner. He also had the task of pulling down the projector screen for workshops or presentations (they happened often). I'm not sure about how officially he represents the ARK, but I know in the past he's always had the last word about how things operate at 511.
Out of curiosity, when was the ARK established? What was, generally speaking, the original vision? I don't know the history, and I'm sure it's worth hearing.
Also: absolutely we should encourage diversity and solidarity with the community. You don't think these are important values to an anarchist project? Anarchism and infoshops, in one respect, have a lot to do with starting dialogue about progress within the context of a community as opposed to a nation or society at large. The mission is about community and individual empowerment - about building connections and envisioning ways create a joyful, functioning, egalitarian and constantly progressing environment to live in. Not: destroying society, planing exciting protests or finding ways to fuck the man while looking cool.
Anarchism isn't a political platform trying to win support - it's sort of an alternative way of observing the way life happens while encouraging awareness, humanity, democracy and accountability on a community wide level. Not everyone agrees with the concept, not even fellow anarchists! But that's not to say just because a community resource or book collective is radical means it must be detached from the community and completely un-worthwhile.
I agree with you: let's move on and build something better, and do it right (legally). I just believe this is a good opportunity for dialogue about how those sponsored by the city, and by individual communities, deal with artists, the subcultural, and the politically radical.
Just to disclose: I'm not a member/volunteer of the Iron Rail or Plan B and never have been. I'm from the city and a homeowner, nurse, writer, musician and anarchist. My wife is a visual artist. And we're damn proud of New Orleans.
......Real quick, "weed out the BS". Totally, it needed to happen. Just making the point that something radical does not completely translate to BS.
fair market rent on the space Plan B (alone) is probably about $5,000 per month...and they squatted in that space for 11 years, paying $0?
And now, when they get caught, let me guess here, they're gonna get all indignant about it? Time for the Plan B/Iron Rail folks to now do somethin' really radical (like take baths and go get real jobs)
Two things: One, the Iron Rail is not business with an owner; it is a collectively run, collectively maintained space; so it is with Plan B, collectively owned, collectively run.
And as a personal friend of Paul's, I can attest to the fact that he is the building's caretaker, as well as caretaker of other Doerr properties; he provides maintenance and collects rent from tenants.
markmayhew, its pretty hard to 'squat' a welknown, owned warehouse. Especially with an on-location landlord.
On that note, both Iron Rail and Plan B have been paying rent in that building, as have the artists for their studio space, and Hasbin Wilby's. markmayhew, I believe it is up to the owner to decide what they want to rent and who to rent to; they did, thankfully, to further three great community projects. The people who ran the Ark did not own the building, they probably had some say as to what went on in their allotted space, but in a gigantic warehouse I'm sure the owner can decide how to divide and rent space to others; no one ran anyone out.
Another point, judging a library (which was what much of Iron Rail was) by the people that frequent it is absurd. To turn anyone wanting books or a membership away? The point is to provide a service to people that wanted it, any person, which if they could not pay for a membership they could volunteer instead. So, "gutterpunks" hung out there? So did tourists, moms with kids, college professors, and neighborhood folks. Often visiting Plan B, I met more older neighborhood people fixing their only mode of transportation.
There are plenty of horrible slumlords, unlicensed businesses (http://www.nola.com/politics/index.ssf/201…), and other sketchy dealings that the city often turns a blind eye to. They choose to harass for whatever reason they like, like street musicians arrested for not having permits; permits that don't exist.
In this case, a collective that helped arrange lawyers for people arrested in the Eris Parade was mysteriously shut down days later. Does it seem like a coincidence? Are there bigger issues the 5th district police could focus on, like the numerous murders committed in their district this year so far? It seems like the answers are obvious.
franklinstblues, since you *know* that Plan B/Iron Rail were paying rent, then you probably also know what the amount of rent they were paying was? Or, as they are nonprofits/collectives, is it online somewhere?
No, I was not a member, I just have many friends who are. I know that that was one of their expenses, one of the few they had which allowed them to provide such inexpensive services to everyone. And non-profits and collectives are not the same thing, though not mutually exclusive, and why would it matter? What the building owners at 511 marigny chose to charge was what they did, a landlord has that option.
What is wrong with all of you? You're really debating permits and the original intentions of the ARK? That's you're response? I dont really understand how all these people can say that they dont mourn the closing of these community resources because they werent aligned with the original intentions of the ARK? The ARK is a dead issue, it was replaced by something much more rare and valuable to the community. This is an actually functional resource that is being threatened by the police for no better reason than NOPD's habits of random harassment and terrorism towards anyone they choose to single out. To hell with a bunch of half wits that can accept an unchecked police state because the ark fell by the wayside of frankly more important things. And what does what they paid in rent have to do with what is happening here? Has everyone on the internet completely lost the ability to look at information and recognize what the central issue even is? You bunch of pompous, cowardly, anonymous, windbags need a reality check.
