Earlier this year, Elisheba Drayton applied to upgrade the alcohol
license for the Faire Gallery Cafe on Capitol Hill from serving only
beer and wine to serving hard liquor. “I was hoping to be able to sell
spirits to make more revenue, like most people in this economy,” she
says while sitting in the unassuming little venue, surrounded by a
photo exhibit of bicycles in India.
Although the Washington State Liquor Control Board (WSLCB) appeared
ready to approve the application, City Attorney Tom Carr objected. He
sent the liquor board a letter in early June that said the city “has
concerns with the health, safety, and welfare of the community.” A
bench warrant had been issued against Drayton’s husband,
Matthew—whom she married the previous May and who was required to
cosign on the liquor license of the three-year-old business—for
failing to take an alcohol class associated with a misdemeanor charge
in 2006. He was charged with a DUI that the prosecutor amended to
negligent driving, which Matthew accepted. He says he didn’t know he’d
missed the class or had a bench warrant (a common problem with cases
represented by public defenders, who often abandon clients before cases
conclude, his attorney says) until the city mentioned it in the letter.
Within two weeks, he had taken the class and the court quashed the
warrant.
But Carr refused to withdraw his objection.
“Everything they objected to in their letter was fixed,” says
Drayton’s attorney, David Osgood. He sent a letter in July asking the
liquor board to issue the permit.
Liquor board spokesman Brian Smith said in July, “When a city
objects, it carries an awful lot of weight.” Nonetheless, the board’s
licensing director overrode the city’s objection and approved a permit
for the Faire Gallery on August 12. Now the Draytons could have the
license, right?
Not according to Carr, apparently. (Carr didn’t return a call.)
According to Osgood, WSLCB licensing supervisor Sharon Hendricks says
the City of Seattle will appeal WSLCB’s decision. In that case, the
Faire Gallery’s permit application must go before an administrative law
judge, says a spokeswoman for the WSLCB. Depending on the caseload, the
judge can “usually hear the case within three to six months.” Then the
judge has 90 days to issue a decision, and then that ruling goes before
the liquor control board for a final decision.
“Tom Carr knows that he doesn’t have a case, that he’s doing a
year’s worth of damage. It’s an asshole move,” Osgood says.
Drayton says getting a liquor permit “is the difference between
staying open. Waiting nine months? I could be closed.” She adds, “Tom
Carr doesn’t know our financial situation, but he obviously wants us
caught up in red tape.” 
This is just a reactionary move by Carr against any and all liquor. Faire, and Elisheba, pose no threat the to community. That gallery/cafe serves as a meeting place, a community center even. The dozens of times I’ve been there, I’ve seen people from all walks of Capitol Hill life enjoying themselves with friends and other patrons.
I used to come every week for Project Runway, when I lived on the Hill, and I would sit with 30 of my new closest friends as we drank wine, ate humus, and enjoyed an urban setting… while bitching about fashion designers. If I got there early, I would be in time to see a group of computer geeks clustered around their laptops sharing Youtube videos, playing WoW, and drinking beer… I’d also get to see a group of middle aged women who met just to gossip once a week, but would leave before PR started.
Over the years I spent time there, I met Elisheba, her (now) husband, and many more of her friends who helped her run her business. She was always open to meeting new people, holding events, or really anything.
Elisheba taught me to like Faire’s Penelope Cruz and pink champagne, and she introduced me to german Rieslings.
I wonder what about all of that could possibly concern Tom Carr enough to make him think Faire would be a danger to the health, safety and welfare of the community.
@1 What you said. It’s a great community-building place.
I think, in the interest of community welfare, I will make a point of visiting Faire today or tomorrow for a couple glasses of wine, which I will hoist with wishes of good luck to Pete Holmes’ campaign for City Attorney.
Out with Carr.
Crap like this is why Nickels is getting his ass handed to him in the polls right now. The 18-35 demographic in this city are pissed off and tired of this nazi bullshit.
This is ridiculous, I’ve been in Faire many times and have seen teens with espresso along with seniors drinking wine, all enjoying great art and jazz. I wonder if Tom ever sets foot in the places he tries to condemn.
Seattleis the official no fun capital of usa on my list. When will we able to smoke in patios already?! No other civilized city on earth has this nazi restriction.
Seattleis the official no fun capital of usa on my list. When will we able to smoke in patios already?! No other civilized city on earth has this nazi restriction.
Just a slightly off topic comment on the throw-away line about public defenders in the otherwise excellent piece.
Public defenders in Municipal Court are required by their contract with the City of Seattle to close cases after a final disposition (plea) has been entered in a case. When they do so, they are not “abandon[ing] their clients;” the case is only closed if there appear not to be issues outstanding.
If the client later gets notice of a warrant or alleged probation violation, defenders can request re-assignment by the City of Seattle and assist the defendant. The problem is that if the defendant does not realize there is a warrant or probation review, and the defender is required by City contract to close her case after the disposition (plea), neither one of them knows there is anything amiss. Probation is not going to send a notice to the former attorney because she will have withdrawn in accordance with the City public defense contract.
Now back to the main topic …
Carr’s father was an alcoholic, and Carr is a T-totaller.
Clearly, he is unable to keep his personal hang ups separate from city business.
Clarification: I represent Faire Gallery, and did not represent Matt Drayton in his underlying case.
As part of my presentation to the WSLCB, I had his attorney write a letter to me. It stated, in relevant part: “Late compliance issues regarding relatively minor executive functions are very common in municipal courts. This is particularly true in public defense cases where the overworked lawyers withdraw immediately after resolution and before probationary conditions are embarked on or met. A hurried instruction in the hallway is not followed up on or misunderstood and issues like this occur.”
I have the utmost respect for public defenders, and believe the implication that Matt was “abandoned” was not the best characterization. It certainly should not detract from the issue at hand: Faire Gallery is getting a bum deal from the City Attorney.
A clarification:
The brief mention of public defenders abandoning clients was not intended to disparage public defenders. Indeed, they keep the likes of us Stranger employees out of jail.
However, the description of these legal servants was not taken out of thin air, but from documents involved in this case. Paul Cullen, an attorney retained to determine why a warrant was issued for Mr. Drayton, sent a letter on July 9 to Mrs. Drayton’s attorney, David Osgood. In it, Cullen wrote: “Late compliance issues regarding relatively minor executive functions are very common in municipal courts. This is particularly true in public defense cases where the overworked lawyers withdraw immediately after resolution and before probationary conditions are embarked on or met.”
And Cullen’s letter to Osgood is silly advocacy. “A hurried instruction in the hallway?” A few minutes before, a judge, robe and all, said “do this.” The guy got it in writing. Cullen did his job. He blamed somebody else, this time a public defender. He can’t be expected to blame his client. Mr. Holden piled on.
Okay, back to Carr who this should be about.
Matt and Elisheba are stellar individuals who bring a sense of community to a corner that has been overlooked for years.
They in no way, shape, or form pose any threat to the city.
They are, in my opinion, model citizens.
I have the utmost respect for them and their business.
It’s unfortunate that what started as a racially motivated traffic stop, ended with Matt being charged with a DUI on a night he wasn’t drinking.
Gotta say I love Matt, and after that traffic stop, I saw his personality change a little bit. I saw he was carrying a lot of weight after being subject to such blatant racism.
And no, you don’t have to be drinking or drunk to be charged with a DUI. Any number of issues can result in a charge, refusal to take a breathalyzer is one, contempt of cop is another…
This is truly unfortunate.
Tom Carr comes from the Alma galaxy – where fun is sin and logic is nil.
Please help us send the lost mutant back to his dark world.
VOTE for the other guy, Holmes. Simple matter.
Support Holmes with more than your vote – work for his election.
http://holmesforseattle.com/
remember that scary threat sent to capitol hill bars a few months ago? Wonder if this guy did it….
If you can get a DUI and hold a position in government you should be able to have a damn liquor license. Bush was President of the United States and he has a friggin DUI on his record. The prejudice you encounter when you have a criminal record is so absurd it should be a crime in itself. He paid his dues and did his time (if there was any) now back off and let him live his life.
What I know… is there is a new Archie Macfees were once there was a liquor store.
Where did all the Denny’s Go?
Me thinks jar jar leads… as in rhyming with leds…. that they went the way of the bowling alleys.
Wait, wait, wait. Some Dick Doucheington has decided to get his vagina in a knot over… nothing at all? Cheesus Crust, he needs to get laid.