Tag Archives: City Attorney

LAPD Critic Patti Beers Filed A Federal Suit Against City Of LA In November 2016 Also Arising Out Of LAPD Misconduct During 2014 Michael Brown Protests

You may recall that all-round heroine Jasmyne Cannick filed suit in federal court last December alleging that the LAPD and the City of LA had selectively prosecuted her for charges arising from 2014 protests about the Michael Brown situation in revenge for her outspoken criticism of the department. Well, it just recently came to my attention that Patti Beers, another well-known critic of the LAPD, who was also arrested and prosecuted1 under the same general circumstances, filed a suit against the City and various LAPD officials, at roughly the same time, in November 2016.

The suit alleges, among other things, that the LAPD has a policy of targeting critics and using selective arrests to punish them for their political activity. Even more interestingly, I think, is the allegation that the City Attorney, who is responsible for prosecuting misdemeanors committed in the City of LA, unduly defers to the LAPD’s wishes when deciding who to prosecute and when to exercise prosecutorial discretion in pursuing charges. These matters are interesting enough that I’m going to collect the paperwork in this case and occasionally report on developments. Here is the second amended complaint. You can also get to the documents via static storage, which you can also get to kind of from the menu structure. Read on for some excerpts if you don’t like PDFs.
Continue reading LAPD Critic Patti Beers Filed A Federal Suit Against City Of LA In November 2016 Also Arising Out Of LAPD Misconduct During 2014 Michael Brown Protests

Is There Such A Thing As An Honest Lobbyist? Probably Not, But Nevertheless, Larry Kosmont Handled The Gateway To LA BID’s Recent Renewal And Registered With The Ethics Commission To Do So, Casting Further Doubt On Any Theory That Implies That Shadowy BID Consultant Tara Devine Was Not Also Required To Register

We’ve been discussing BID consultants a lot recently because of shadowy BID consultant Tara Devine and the fact that it looks so much like BID consultancy satisfies the LAMC’s definition of lobbying that it’s very likely that she broke the laws requiring registration, causing me, in the throes of a well-developed sense of civic duty, to report her transgressions to the Ethics Commission and then again to report some associated transgressions to Mike Feuer. What will come of these matters no one can now know, of course, but one aspect that troubled me slightly is the apparent novelty of the charges. That is, all the BID consultants I knew of at the time weren’t registered. This doesn’t mean they don’t have to register. After all, consider what happened with BID security and the Police Commission as a result of our reporting. But nevertheless, one never wants to be the first to make an argument if it’s possible to avoid it.

So imagine my pleasure in discovering that, first, the famous Gateway to LA BID, one of Mike Bonin’s babies out there by the Airport in CD11, renewed for 10 years in 2015, and they used a BID consultant named Larry Kosmont to handle the process for them. And second, that Larry Kosmont was not only registered as a lobbyist during this process, but that he specifically, explicitly, disclosed his work for the Gateway BID to the City and specifically, explicitly listed the City Clerk as one of the City offices he’d lobbied in furtherance of the renewal project. This is going to make it a lot harder for Tara Devine and her defenders, if any she has by now, to argue that it never occurred to anyone that BID consultants were lobbyists and therefore subject to registration. Turn the page for links to all relevant documents!
Continue reading Is There Such A Thing As An Honest Lobbyist? Probably Not, But Nevertheless, Larry Kosmont Handled The Gateway To LA BID’s Recent Renewal And Registered With The Ethics Commission To Do So, Casting Further Doubt On Any Theory That Implies That Shadowy BID Consultant Tara Devine Was Not Also Required To Register

Open Letter To Holly Wolcott and Miranda Paster Concerning Tara Devine’s Misleading Everyone With Her Discredited “Zoning Not Use” Theory

Holly Wolcott in her bully pulpit, explaining it all to you!
Here’s a letter I sent this morning to Holly Wolcott and Miranda Paster about Tara Devine misleading everyone with respect to the question of whether commercial properties were necessarily included in the Venice Beach BID. There’s a transcription after the break, as always, for the PDF averse.

This is a fairly serious matter, and actually illegal if it turns out to be the case that Tara Devine was required to register as a lobbyist last year, as I have alleged that she was. The point is that since the Clerk’s office is supposed to oversee BIDs, they ought to oversee BID consultants as well, and since both honesty and integrity are explicit criteria for qualifying as a BID consultant perhaps these two ought to look into whether Tara Devine is actually qualified. Turn the page for a transcription.
Continue reading Open Letter To Holly Wolcott and Miranda Paster Concerning Tara Devine’s Misleading Everyone With Her Discredited “Zoning Not Use” Theory

How I Reported Shadowy BID Consultant Tara Devine To Los Angeles City Attorney Mike Feuer For Knowingly And Fraudently Deceiving Mike Bonin With Regard To A Material Fact Pertinent To The Establishment Of The Star-Crossed Venice Beach BID

“I’ll be damned if I’m ever going to say, ‘It’s not my job,’” Feuer told the Times editorial board. We like that attitude. All L.A. residents should.
If you want to skip the explaining and go straight to the complaint, here it is.

Friends, take a look at the exceedingly fascinating LAMC § 48.04(B). This lovely little slab of ethicalliciousness illegalizes any occasion when a lobbyist might:

Fraudulently deceive or attempt to deceive any City official with regard to any material fact pertinent to any pending or proposed municipal legislation.

And of course, you recall what a lobbyist is, it’s a technical term in this setting.1 Lobbyists are defined in LAMC §48.02 to be:

any individual who is compensated to spend 30 or more hours in any consecutive three-month period engaged in lobbying activities which include at least one direct communication with a City official or employee, conducted either personally or through agents, for the purpose of attempting to influence municipal legislation on behalf of any person.

Well, as you may recall, I spent the last two months assembling a highly detailed argument that Tara Devine met this definition. If that’s right, and I certainly think that it is, she’s also forbidden from fraudulently deceiving Mike Bonin, e.g., about material facts in regard to the formation of the Venice Beach BID which, as I’m sure you know, requires legislation for the BID to be brought into existence.

The argument is that she got everyone to believe that it was required under state law to include commercially zoned properties in the BID, even though not only is this not true, not only did she know it was not true, but her having convinced everyone of this led to more properties being in the BID, which increased the amount of money under the control of her clients, the Venice Beach Property Owners Association. If you’re still interested enough to follow me into the weeds, turn the page!
Continue reading How I Reported Shadowy BID Consultant Tara Devine To Los Angeles City Attorney Mike Feuer For Knowingly And Fraudently Deceiving Mike Bonin With Regard To A Material Fact Pertinent To The Establishment Of The Star-Crossed Venice Beach BID

CPRA Goes Meta: Holly Wolcott Refuses To Release Some Records But Ends Up Releasing Advice Email From Deputy City Attorney Mike Dundas Authorizing Her Refusal

Holly Wolcott reimagined as a child of the 60s, chanting the Nam Myoho Renge Kyo of her people, which goes like this: “CPRA does not obligate me to answer questions. Only to provide records. CPRA does not obligate me to answer questions. Only to provide records.” HEY HOLLY!! CPRA also does not obligate you to not answer questions…
Perhaps you remember the long and winding narrative of how I spent almost half of last year trying to get the City Clerk’s office to cough up mailing addresses for the property owners in the Venice Beach BID, which they finally did do. There is a reasonable summary with links right here. Today I can reveal a little behind-the-scenes episode in that story.

A few weeks ago, in the middle of about a thousand pages of emails that the City Clerk’s office finally handed over, only about six months after I asked for them, I found this little gem of an email chain. Most of it is me hassling various Clerk staffies for the list of addresses, but right in the middle of it all, there’s an interlude between Holly Wolcott and Deputy City Attorney Mike Dundas, who’s evidently some kind of CPRA specialist over there in City Hall East.1

The TL;DR is that she goes: “Mike, do I gotta give him the goods?” and Mike’s all: “Nah, Holly, you don’t gotta because reasons.” It’s also interesting that the reasons he gives her are specious, providing, among other things, yet another example of how the Property and Business Improvement District Law of 1994 (which makes BIDs subject to CPRA) seems not to be understood so well over at City Hall. You will find some discussion after the break, along with quotes if you’re PDF-averse.
Continue reading CPRA Goes Meta: Holly Wolcott Refuses To Release Some Records But Ends Up Releasing Advice Email From Deputy City Attorney Mike Dundas Authorizing Her Refusal

Open Letter To Holly Wolcott And Miranda Paster Concerning The Question Of Whether BID Consultants Qualify As Lobbyists And What The Proper Course Of Action Might Be If They Do

A pseudo-artistic computer-modified image of Los Angeles City Clerk Holly Wolcott.
Here’s a letter I sent this morning to Holly Wolcott and Miranda Paster concerning the question of whether BID consultants qualify as lobbyists for the purposes of complying with the Municipal Lobbying Ordinance. My feeling, of course, is that they do qualify, they ought to register with the City, they should be punished for the fact that they have not done so, and the City staff who work with them without insisting that they register ought to be busted for aiding and abetting. But since evidently this has never occurred to anyone before, I thought it would be decent to give everyone involved a chance to assess their own risk in choosing a course of action. Hence this letter. There’s a transcription with live links after the break if you don’t want to deal with a PDF.
Continue reading Open Letter To Holly Wolcott And Miranda Paster Concerning The Question Of Whether BID Consultants Qualify As Lobbyists And What The Proper Course Of Action Might Be If They Do

Sneaky Shit-Sneakers Sneakily Sneak Sneaky Shit Into Current Version Of Street Vending Legalization Process, Setting The Stage For Continued Persecution of Vendors in Business Improvement Districts

Yum, danger dogs!
So today the City Council moved forward with CF 13-1493, which, of course, is the famed street vending thing. For a good, objective,1 discussion of today’s developments, take a look at this article in today’s Times by the incomparable Emily Alpert Reyes.2 This is just a brief post to note the fact that the various anti-human opponents of legalized street vending won a major, seemingly unnoticed by anyone but me, victory via amendment in the current version of the motion.

Today’s motion doesn’t actually legalize street vending. What it does is direct the City Attorney, the Chief Legislative Analyst, and the City Administrative Officer to put together a proposed ordinance. This was to be based on this detailed set of recommendations from the Public Works and Gang Reduction Committee report. This report was amended in Council today before being adopted, and at least two of the amended recommendations are quite sneaky, and, I predict, will undermine the future ordinance in quite underhanded ways that will please business improvement districts and other business interests who have been working tirelessly to keep street vending illegal for years now. See the details and some3 predictions after the break.
Continue reading Sneaky Shit-Sneakers Sneakily Sneak Sneaky Shit Into Current Version Of Street Vending Legalization Process, Setting The Stage For Continued Persecution of Vendors in Business Improvement Districts

There Is At Least One Substantial Way In Which Slavering Psychopath Mark Ryavec Is Not Like Donald Trump And That Is That We Have His Freaking Tax Returns

Something is happening and you don’t know what it is, do you, Mr. Jones?
This has nothing much at all to do with businesss improvement districts, but it’s Saturday night and I just felt like laying some Form 990s on you. These five beauties are from slavering psychopath Mark Ryavec’s agressively moronic Venice-based gang of subliterate meatheads, known to the mundane world as the Venice Stakeholders Association. They are available here on Archive.Org for your reading and researchical pleasure.

These items are interesting for any number of reasons. One is that they show that the VSA is not just a vision of sugar plums dancing ‘neath the fevered brow of Mark Ryavec, but that there are actual real-life other people involved:1 Michael King, Bonnie Felix, Anil Comelo, Robert Feist, Richard Myer(s).2 Had they appeared in another context I’d have been willing to bet that these names were merely selected from the myriad to be found in Ryavec’s floridly diverse collection of multiple personalities, but I don’t know many people, even the really, really, crazy ones, who have a lack of foresight sufficient to cause them to swear under penalty of perjury in a document submitted to the Federal government that the names of their imaginary friends represent real-life actual human beings.3

Another interesting thing is that the forms contain descriptions of accomplishments the VSA deems significant enough to brag about to the Federal government. These have the perhaps unintended effect of revealing both the breadth and the depth of the slavering psychopathy at work out there in the lorn, lost, lamented, former utopia west of Electric Avenue. Selected instances may be found after the break.
Continue reading There Is At Least One Substantial Way In Which Slavering Psychopath Mark Ryavec Is Not Like Donald Trump And That Is That We Have His Freaking Tax Returns

Mitch O’Farrell’s Universally-Reviled, Kerry-Morrison-Inspired Anti-Playground-Access Motion Is Roundly Opposed But For The First Time Not Unanimously By Los Feliz Neighborhood Council, Which In Context May Be Seen As A Sorely Needed Victory For Mitch, Who Has To Play ‘Em As They Lay In This Debacle

This is a playground in Griffith Park, which if the Los Feliz Neighborhood Council has its way will continue to be open to all Angelenos, whether or not they remembered to bring a child before using the swing set.
BACKGROUND: Recall, if you will, that this L.A. Times editorial kicked off a somewhat misguided firestorm of opposition to Mitch O’Farrell’s recent Council motion 16-1456 seeking to develop a legal tool for banning adults without children from playgrounds in parks in the City of Los Angeles.

The latest development is that the Los Feliz Neighborhood Council registered its opposition to this Kerry-Morrison-of-the-HPOA-inspired trainwreck of a motion with this eloquent statement:

A city ordinance banning adults from accessing a public playground/park area unless “accompanying a child” would unfairly penalize people by virtue of their age and deny them a public benefit afforded to others. The proposal, by its very nature, seems unduly discriminatory, and fraught with enforcement problems.

Instituting an overreaching policy by penalizing a vast majority of law‐abiding citizens in what is generally regarded as “park‐poor” city is counterintuitive. It seems to be motivated out of allaying a fear rather than ensuring a freedom. Nor does it currently contemplate the dozens of gray areas it will create regarding how it will be administered (playground boundaries, proof of age, proof‐of-guardianship, etc.), and the discord it will sow by awkward attempts to enforce it.

All good points.1 The big difference in tonight’s case is that one person actually voted against the motion to oppose,2 which means, I guess, that besides Kerry Morrison, at least one other resident of the City of Los Angeles stands with Mitch on this issue. Perhaps this will teach Mitch that it’s not always safe to do what she asks… but probably not.
Continue reading Mitch O’Farrell’s Universally-Reviled, Kerry-Morrison-Inspired Anti-Playground-Access Motion Is Roundly Opposed But For The First Time Not Unanimously By Los Feliz Neighborhood Council, Which In Context May Be Seen As A Sorely Needed Victory For Mitch, Who Has To Play ‘Em As They Lay In This Debacle

Mark Ryavec: the notion that police act as gentrification agents is “a bunch of radical bullshit.” LAPD Captain Cory Palka: “I showed [that developer], through public safety, that we can help him develop and prosper as he invests in Hollywood”

Cory Palka giving a performative demonstration of the fact that Mark Ryavec is not only a slavering psychopath, he’s also either clueless or a liar or both.
A few weeks ago, Rory Carroll published an excellent article in The Guardian on how the City of Los Angeles has used gang injunctions as a tool of gentrification in Venice. Of course, this is not news to anyone who’s been paying attention since the injunction began in 2000. Even at the time it seemed clear that the injunction was a response to the wave of gentrification that began in Venice in the late 1980s and underwent unprecedented acceleration through the 1990s. Of course, everyone who’s smelting gold out of the housing stock of Oakwood in a blast furnace fueled by the burning bodies and lives of the poor people, the dark-skinned people, fed into the hopper by the LAPD, denies this every which way.

And these arguments have been repeated so often I have nightmares about them. “The cops would never ever do such a thing.” “There’s no conspiracy to chase out darkies.”1 And so on and on and on. But Venice’s own muse of slavering psychopathy, the very king of the gentrifiers, the universally acknowledged whitest man in Venice, Mark Ryavec himself, has distilled all of them, every last threadbare tin-foil-hat characterization, into one bitter pithy little ball. As Rory Carroll puts it:

For Mark Ryavec, head of the Venice Stakeholders Association, the notion that police act as gentrification agents is “a bunch of radical bullshit”.

Well, first of all, it’s not actually bullshit.2 The arguments against the idea that the City uses the LAPD to promote gentrification are mostly based on the (probably) factual assertion that (a) the City never mentions gentrification as a purpose for the gang injunctions and (b) that the assertions they make in support of the injunctions have to do with very real problems of violent crime (real at the time when the injunctions are being sought, anyway). There are a number of problems with this line of reasoning.
Continue reading Mark Ryavec: the notion that police act as gentrification agents is “a bunch of radical bullshit.” LAPD Captain Cory Palka: “I showed [that developer], through public safety, that we can help him develop and prosper as he invests in Hollywood”