Photo by : rebecca :

Photo by : rebecca :

It seems the case of the Phantom Planter, a.k.a the man who planted flowers down the embankment of Dupont Circle’s north station entrance without permission, will not end as he and his supporters want.

Artist Henry Docter received a cease-and-desist letter from WMATA earlier this month threatening “arrest, fines and imprisonment” after he informed the agency that he had planted bulbs in planters along the station’s embankment and needed to tend to them.

“I weeded and two trash bags were filled with more than 300 discarded cigarette butts, shards of glass, wads of gum, tree branches and assorted fast food restaurant garbage,” Docter explained in a letter on his site Let My Flowers Grow. Docter, who has independently planted flowers at other D.C. locations including the Israeli Embassy, is asking Metro to let him sign a liability waiver so he may continue his work.

“Gardening on those terraces is no more physically challenging than hiking on the Billy Goat Trail near Great Falls, Md. or Old Rag in Virginia,” Docter said on his site. “I respectfully disagree that this performance art piece ‘endangers not only yourself but the public as well.'”

Docter has started a petition to show community support for his project. It has thus far garnered over 1,700 signatures.

Metro spokesman Dan Stessel said that Art in Transit manager Michael McBride met with Docter and ANC commissioner Jackson Carnes, who knows Docter through his work with Historic Dupont Circle Main Streets, two weeks ago to explore other options for beautifying the spot.

In a followup email to Docter and Carnes, McBride wrote that he will continue to “explore affordable, sustainable ways to make the north station entrance more attractive.”

“Please be aware that WMATA has issued formal notification ordering cease and desist of unauthorized landscaping activities at the station,” McBride’s email continues. “With a good small working group, representing the interests of area residents, I am confident we can work together to improve the overall appearance of the site. Hopefully, we can enlist your help with identifying residents who might be suitable for joining the group.”

Request for comment from Carnes has not been returned.

Carnes confirmed that he and Docter met with McBride to discuss a beautifying task force.

“I appreciate Henry’s initiative to beautify the Dupont Circle Metro Station. It is sorely in need of help,” Carnes said in an email. “One concern I do share with WMATA is safety. These flowers boxes lining the escalators are on a sharp decline and many of the stones have fallen out of place due to WMATA’s neglect. I recommend WMATA fund repair of these flower boxes and work with Henry to find a safe way for him continue his good work. We need more courageous community members like him.”

In the end, it comes down to safety. Stessell said Docter “will not be permitted to access the escalator embankment for safety reasons that should be self-evident.” Indeed, a 21-year-old man sustained life-threatening injuries last week when he drunkenly fell down the escalator well.