Tag Archives: Fifth Amendment

Rebecca Cooley v. City Of Los Angeles — On October 21, 2018 Carol Sobel Filed Yet Another Federal Suit Against The City Of Los Angeles — Alleging The Illegal Confiscation And Destruction Of The Property Of Rebecca Cooley, Benjamin Hubert, And Casimir Zoroda — Three Disabled Homeless People Living In Venice At The Time — Seeks Class Action Status For Approximately 60 Others Similarly Situated

On October 21, 2018 Carol Sobel filed suit in federal court against the City of Los Angeles on behalf of three named homeless people along with about sixty others similarly situated. The three, Rebecca Cooley, her husband Benjamin Hubert, and Casimir Zaroda, are homeless people who were living on the streets in Venice in September 2017 when the City of Los Angeles, without notice and without any kind of process, confiscated and destroyed their property, including tents, blankets, essential paperwork, transit passes, and other items essential to the maintenance of human life. The suit comes just as the City is resuming its horrific, indiscriminate sweeps of homeless encampments outside of neighborhoods covered by the various injunctions.

The initial complaint claims that the City’s actions violate constitutional bans on takings and on unlawful seizure as well as the constitutional guarantee of due process. These familiar theories have been consistently upheld by federal courts up to and including the Ninth Circuit,1 all of which have been willing to issue and/or uphold injunctions against the City’s property confiscation and destruction policies. So it’s hard to imagine that the City can prevail on these issues.

Also, because two of the three named plaintiffs are disabled along with many of the similarly situated unnamed plaintiffs, the complaint also alleges that the City violated the Americans With Disabilities Act by confiscating their essential papers and means of transportation, by storing confiscated property in locations and facilities not properly accessible to disabled people, and, in general, by following policies and practices with respect to homeless people’s property that disproportionately burden disabled people.

Turn the page for transcriptions of selections from the initial complaint.
Continue reading Rebecca Cooley v. City Of Los Angeles — On October 21, 2018 Carol Sobel Filed Yet Another Federal Suit Against The City Of Los Angeles — Alleging The Illegal Confiscation And Destruction Of The Property Of Rebecca Cooley, Benjamin Hubert, And Casimir Zoroda — Three Disabled Homeless People Living In Venice At The Time — Seeks Class Action Status For Approximately 60 Others Similarly Situated

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Rex Schellenberg v. City Of Los Angeles — In September 2018 Carol Sobel Filed Yet Another Federal Suit Against The City Of Los Angeles — Alleging Summary Confiscation And Destruction Of The Property Of An Elderly Disabled Homeless Man — And Seeking An Injunction Against These Practices — For Some Reason This Has Not Been Covered At All In The Media — Read The Initial Complaint Here

On September 3, 2018 Carol Sobel filed suit in federal court against the City of Los Angeles, alleging that Rex Schellenberg, a homeless man living in the San Fernando Valley, stepped away from his property briefly only to have it confiscated and much of it destroyed by the LAPD and LA Sanitation personnel. I can’t find anything about this case in the media, in contrast to Sobel’s other pending case on the matter, Mitchell v. City of LA, which is covered extensively. You can read and get copies of the pleadings here on Archive.Org. I’ll update the collection as more stuff is filed.

The facts of the case are simple. Schellenberg, an elderly man homeless in Los Angeles for more than twenty years and disabled as well, lives in the San Fernando Valley. In July 2017 he left his property momentarily unattended to visit a convenience store and employees of the City of Los Angeles summarily confiscated and destroyed Schellenberg’s neatly stored possessions. In its monumental decision in Lavan v. City of LA, the Ninth Circuit had this to say about this practice:

As we have repeatedly made clear, “[t]he government may not take property like a thief in the night; rather, it must announce its intentions and give the property owner a chance to argue against the taking.” This simple rule holds regardless of whether the property in question is an Escalade or [a tent], a Cadillac or a cart. The City demonstrates that it completely misunderstands the role of due process by its contrary suggestion that homeless persons instantly and permanently lose any protected property interest in their possessions by leaving them momentarily unattended in violation of a municipal ordinance. As the district court recognized, the logic of the City’s suggestion would also allow it to seize and destroy cars parked in no-parking zones left momentarily unattended.

As with all of Sobel’s writing, the initial complaint makes compelling reading. You can get a copy of the PDF here, or turn the page for a transcription of selections.
Continue reading Rex Schellenberg v. City Of Los Angeles — In September 2018 Carol Sobel Filed Yet Another Federal Suit Against The City Of Los Angeles — Alleging Summary Confiscation And Destruction Of The Property Of An Elderly Disabled Homeless Man — And Seeking An Injunction Against These Practices — For Some Reason This Has Not Been Covered At All In The Media — Read The Initial Complaint Here

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The True Facts About the May 28, 2015, Community Sidewalk Vending Meeting at Boyle Heights City Hall Revealed Here (With Audio) for All to Hear and Judge and Opinionate Upon! Part 3: the Good Guys

Previous installments of this series appear here: Part 1 and Part 2

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1990 picture of Cynthia Anderson-Barker, badass civil rights lawyer and board member of the badass civil rights organization the National Lawyers Guild Los Angeles. Their motto proclaims them to be “Dedicated to the Belief That Human Rights Are More Sacred Than Property Interests”
We originally planned to write a full post making fun of Nicole Shahenian’s speech at the May 28, 2015 meeting at Boyle Heights City Hall on the subject of legalized street vending in Los Angeles. On listening to it again, though, we realized that it’s nothing more than the same old nonsense, probably ghost-written by Kerry Morrison, and that writing on it would be a waste of time, space, and electricity. So today we’re concluding our reportage on the May 28 meeting with a brief discussion of the good guys, the white hats, the rays of sunshine, the breaths of fresh air, the actual humans in the room, the supporters of legalized street vending in lovely Los Angeles. In particular we hear from an actual street vendor who supports his family and from badass civil rights lawyer Cynthia Anderson-Barker, who explains why it’s essential to repeal LAMC 42.00(b) because, not only is it not being enforced equitably, it is not actually possible to enforce it equitably.
Man arrested, shackled, and humiliated by BID Patrol for selling hot dogs on the streets of Hollywood.
Man arrested, shackled, and humiliated by BID Patrol for selling hot dogs on the streets of Hollywood.

First up we have a man, whose name we didn’t catch on the audio, who’s one of the street vendors that Kerry Morrison recently mocked in public for claiming that he practices street vending in order to support his family. Listen here or read a transcription after the break. She has complained vociferously in the past and will no doubt complain vociferously in the future about the tone and incivility of those who oppose her iron will, never taking into account that her minions, who are paid to go to these meetings to speak words that, even if she didn’t actually write them, are certainly consistent with every public statement she’s ever made on the issue, are directly attacking people like this speaker, who are trying in the face of massive harassment to feed their families.

She and her minions rank this man’s life and well-being below the putative, delusionally construed rights of their employers not only to own property in Hollywood, to make untold amounts of money in exchange for very little productive labor, and not only that, but to have an extraordinarily immoral amount of control over the social conditions of life in places and neighborhoods where they don’t even live. In the face of this, Kerry Morrison has the audacity to complain about the audience being “uncivil” to her minions? Quel chutzpah, n’est ce pas? Anyway, in his speech, this man makes it clear that he knows that they’re his enemy. And he’s not wrong. They are his enemy. They are our enemies.

Man arrested, shackled, and humiliated for selling ice cream on the streets of Hollywood
Man arrested, shackled, and humiliated by BID Patrol for selling ice cream on the streets of Hollywood

He says, plausibly directly in response to BID flacks Alyssa Van Breene and/or Devin Strecker:

By example, for myself, I make ninety dollars a day. And I support my family with that money. … Our life … is very different than yours. Our day is starting at 4 a.m., and we’ll finish at around 9 p.m. for just a few dollars, but it’s OK.

42.00(b)- LAMC- SALES OF GOODS W/OUT A LICENSE
Man arrested, shackled, and humiliated by BID Patrol for selling water on the streets of Hollywood

This is the kind of story Kerry Morrison dismisses as an example of speakers “being bused in” in order to all have “the same, the same, um, tune, like ‘I need to be able to sell on the street to support my family.'” We’re impressed in a theoretical way that she can live with herself thinking like that in the face of such testimony, although maybe we could live with ourselves too. Never having thought like that, how would we know? Does she think the guy’s lying? Making up stories to win the right to work 17 hours for 90 dollars? What is she thinking, if anything?
Continue reading The True Facts About the May 28, 2015, Community Sidewalk Vending Meeting at Boyle Heights City Hall Revealed Here (With Audio) for All to Hear and Judge and Opinionate Upon! Part 3: the Good Guys

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