Guest Opinion
A battle between a 24-hour coffee shop and its frustrated neighbors rages on
by Vicki HartArticle Tools
The Duncans moved into the Samos Neighborhood in 2002. The neighborhood that the Duncans and I live in is bounded by Campbell and Mountain avenues, and Grant Road and Glenn Street.
The Duncans loved their home and found the Samos neighborhood to be friendly and eclectic. However, their feelings on the neighborhood would soon begin to change.
Coffee X Change started keeping its doors open 24 hours a day—and a neighborhood nightmare began. Soon, the Duncans' sleep was disrupted on a regular basis. Without enough parking in the Coffee X Change lot, patrons began parking on the street in front of the Duncans' house. People talked loudly in the streets, with occasional fights and shouting. Litter was everywhere. At least two nearby businesses frequently called police to report drug activity.
For years, pleas to Coffee X Change owner Keya Tehrani have fallen on deaf ears.
In fact, Coffee X Change built an outside patio without a permit to do so. On Dec. 16, 2004, the city's zoning department wrote a letter to Tehrani warning him that "the current dining area ... is an expansion that has not been approved. ... To abate this violation, the exterior dining area along Campbell Avenue must be removed."
Tehrani (and the city) ignored the notice, and the outdoor dining area continued to be used until December 2008, when Samos neighbors met with Ward 3 City Councilwoman Karin Uhlich and insisted that the patio be closed.
As Coffee X Change blithely ignored city threats, the Samos neighborhood continued begging for help. Samos residents, the neighborhood association and nearby businesses tried a variety of tactics. Some called Tehrani, who sometimes promised changes, and other times referred callers to his attorney, John Munger. (Munger is now running for governor.) Nothing ever got done.
When totally frustrated, neighbors called the police. Usually, by the time officers responded, the offending people had left. One officer advised neighbors to move. Neighbors on Spring Street alone estimate they've called the police more than 200 times. Tucson Police Department representatives say they can only respond to, and enforce, violations of the law.
Neighbors have mostly given up on calling the police. Ms. Duncan has taken to putting on a robe and going outside to ask late-night patrons to cease their offensive behavior. For her efforts, she has been called names and threatened.
Frustrated with the litter, Samos neighbors gathered on May 16 to clean Spring Street and the alleyway between the Chase Bank parking lot and Coffee X Change. Besides cups, napkins, straws and plastic lids, the group picked up beer bottles, a crack pipe, several needles, inhalants and condom wrappers.
In early 2009, Uhlich set up a series of meetings with Tehrani, his managers, Ward 3 neighbors, the Tucson Police Department, the city attorney and others, in an attempt to resolve the issues. Tehrani seemed to agree to mitigation—and then never followed through.
On March 16, Uhlich sent a letter to Tehrani. It outlined what had been discussed and asked that he "commit to honoring some key agreements in order to address these issues," including employing security, cleaning up trash, working with police and working with the city on parking matters.
Tehrani did not respond or address the issues.
Samos neighbors held a protest in front of Coffee X Change on Sept. 13, and received extensive TV coverage. Residents presented the manager on duty with the "Bad Business Neighbor Award." Uhlich told KGUN Channel 9: "I think we need to hear from all sides. I sympathize with the business, because we want to be friendly toward small-business owners, but I also understand the complaints from homeowners. The best solution is to bring everyone to the table and have open dialogue."
This angered neighbors, as Uhlich hosted "open dialogue" meetings at her office, and Tehrani did nothing to follow up.
Councilwoman Uhlich did call everyone to the table once again on Oct. 26. About 25 people attended, including Uhlich, County Supervisor Sharon Bronson, Tehrani and three of his managers, and 11 neighbors. The meeting did not go well. Tehrani raged at neighbors because of the protest until a Tucson Police Department captain asked him to stop.
Councilwoman Uhlich called a halt to the meeting and said she would not waste time on fruitless meetings, and reminded Tehrani that he has given nothing while the neighborhood has been trying to work with him.
Soon after the meeting, the sign on the front of Coffee X Change read, "Elect Ben Buehler-Garcia, 4 local businesses."
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This most excellent article written by community activist Vicki Hart (yes, Ms. Hart. Your excellent services as a member and leader of the Police Advisory Review Board and the article you wrote several years ago about the infamous “Dr. of Depravity” Michael Mahl elevate you to a respected public stature) reveals the (sometime) conflict between local business owners and the residential community.
This issue can be brought to satisfactory resolution should a few members of the offended neighborhood choose to take a few confrontational and lawful steps protected by the First Amendment. (Neighborhood zoning, the failure of local political leaders to solve the problem, and the “Elect Ben Buehler-Garcia, 4 local businesses” sign do elevate this to a “political issue” for which all constitutional protections will attach.)
Nearly ten years ago I faced the same kind of problem with a local psychologist named Peter Schur who, within the context of providing “family counseling services” engaged in outrageous conduct with my minor daughter. By the time I finished busting Dr. Schur’s chops, he was in disgrace, bankrupt, and out of state.
The fact that Tehrani is represented by Republican Gubernatorial hopeful John Munger means simply this: pressure him and he will back down sooner, not later as Munger will not want a public and embarrassing confrontation.
Contact me and I will show you how to (lawfully and publically) put some “muscle” into a protest and economic pressure on Tehrani, to the extent he will soon be grateful to seek your apology and modify his hours of operation.
Roy Warden
roywarden1@netzero.net
PS: I should have concluded: "(Tehrani)will soon be grateful to offer his apology and modify his hours of opperation."
Power does indeed belong to "We the People" when the people learn how to use it.
RW
Isn't Coffee X Change one of the fine local businesses the Weekly wants us all to support?
I've gone to this Coffee X Change but never will again. Why hasn't the city closed him down for the illegally constructed outdoor dining area?
For years I lived next to the nightclub he owns on East Speedway. It was awful. The city councilwoman called meetings and wrote letters to no avail. Tehrani yelled at me, called me filthy names. I tolerated all kinds of havoc from the club, from gang fights, gun fire, drugs, people parking up and down my street. The base on the music pierced my head and ultimately damaged my eardrum. Finally, one night TPD monitored the base on the music and immediately declared the base too high and also butted head with him, but prevailed. That was a blessing, for I had tried pillows on my head, sleeping in the floor, but base travels in a straight line and came right on through. [Let me state, it was affecting other neighbors, also, as it was me.] We got permit parking signs on the street so TPD could ticket the vehicles. That worked for the vehicles. Businesses next door had trouble with trash on their property and vehicles entering the club behind their businesses and knocking down the block wall that had been put up to keep the cars from their parking lot. It was one big mess. I even pursued the owner of the building, and that was useless. Finally, it started getting better. Don't know what happened, unless some of the crime issues caused a slowdown. It was a terrible. You have my blessings with the coffee shop, and be thankful you do not live near a nightclub. I miss my home; finally moved.
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