Last week Judge Carter issued a temporary restraining order prohibiting Orange County, the City of Anaheim, and anyone else who might be minded to do so from arresting anyone on the bed of the Santa Ana River for trespassing, camping, and similar anti-homeless offenses. Prior to this, on February 4, in the order setting the fast-approaching February 13 hearing1 on the plaintiffs’ original application for a restraining order, Carter invited a broad range of non-parties to appear at Tuesday’s hearing:
The Court also welcomes attendance at the hearing and written briefing by any amicus groups, which may include veterans’ organizations, service providers, abused women’s protection and housing organizations, and other cities affected by the homelessness crisis in Orange County that are not named as Defendants in this case.
UPDATE: The Times (finally) got around to covering this development this afternoon. Here’s their story on the temporary restraining order.
I’m not really covering the lawsuit, filed on January 29, by the Orange County Catholic Worker and Carol Sobel’s law firm against Orange County for civil rights violations incurred against homeless human beings living on the bed of the Santa Ana River.1 You can read the initial complaint here to get an idea of what’s going on.
Yesterday afternoon the plaintiffs asked the County when they were going to start arresting people living on the riverbed and the County replied at 5:31 p.m. that arrests would begin today, February 7. Read the entire email exchange here:
Consequently, beginning tomorrow morning, OCSD personnel will begin advising people remaining on the District Santa Ana Riverbed property that they must vacate or may be cited and/or arrested for trespassing.
This prompted the plaintiffs to file an Emergency Request to Stay Arrests with the court. The metadata of that PDF suggests it was written at 5:59 yesterday, about half an hour after the County’s reply. There is a transcription after the break.
This morning I have to report to you two developments in my ongoing project to use the California Public Records Act to get the City of Los Angeles to publicly release advance notice of its planned cleanups of homeless encampments. First of all, on October 31 I made yet another request for various kinds of records dated in the future. On November 8, Letitia Gonzalez sent me a number of items, which I’ll share with you below. You may recall that Letitia was responsible for my one success so far in this project, sending me notice on September 28 of a cleanup on September 29. However, this time, not so much. After the break there’s a list of what she sent, what I asked for, and what I think it means.1 There are also some emails from the Central City East Association (part of the material published on Thursday) showing that LA Sanitation does give advance notice of cleanups in some cases. Continue reading Update On Using CPRA To Get Advance Notice Of Homeless Encampment Cleanups: In Theory It’s Working Fine, But In Practice Not So Much→
This evening I’m pleased to present the third installment in our ongoing LAMC 49.5.5(A) project, in which we report various City employees to the Ethics Commission in an attempt to discover exactly what the most fascinating ordinance ever,1LAMC 49.5.5(A), actually prohibits. It says:
City officials, agency employees, appointees awaiting confirmation by the City Council, and candidates for elected City office shall not misuse or attempt to misuse their positions or prospective positions to create or attempt to create a private advantage or disadvantage, financial or otherwise, for any person.
LA Sanitation Homeless Encampment Materials. Note the crappy quality of these things. That’s because, even though CPRA says both clearly and explicitly that if records are stored electronically they must be released in an electronic format, not only does LASAN refuse to do this, insisting on printing these low quality black and white copies from the electronic color originals, but they won’t even answer my emails about this, even though CPRA also compels them to answer. Ah, sigh, right?
BID Feasibility Reports. It seems that BID consultants are supposed to prepare these reports before the BID formation process starts. It also seems that this rule is not enforced. When I asked Miranda Paster for all of these, she sent me only these two: San Pedro and Pacoima. Perhaps these are all there are, in which case yet another rule is being broken.
Good evening, Friends! I haven’t had time to write much recently and I won’t have time for another day or two because the latest installment in the MK.Org LAMC 49.5.5 project is turning out to be more complex than I’d anticipated. I expect to have it done with by the end of this week. This is just a short interim post to announce some new records.
Last Summer it occurred to me that it should be possible to use the California Public Records Act to get advance notice of City of LA homeless encampment cleanup actions. After an inordinate amount of bitching and moaning on my part, three weeks ago they actually handed over a schedule one day in advance. Since then, though, the person who gave me that record has been removed from my case1 and the new person assigned to it, Veretta Everheart, Senior Management Analyst with the Department of Public Works, is as obstructionist as everyone else I’ve dealt with at LA Sanitation (although perfectly friendly and delightful to deal with). In other words, no new advance schedules have been forthcoming.
On a slightly hopeful note, though, Veretta Everheart did actually tell me explicitly that they weren’t going to give me advance schedules.2 The reason she gave is that they “are living documents” which are “not retained.”3 Although she doesn’t say so explicitly, this is evidently a nod in the direction of an exemption enumerated in CPRA at Section 6254(a), which states that it’s not required to release
Preliminary drafts, notes, or interagency or intra-agency memoranda that are not retained by the public agency in the ordinary course of business, if the public interest in withholding those records clearly outweighs the public interest in disclosure.
This is just a quick announcement of some interesting new collections of records, with minimal commentary. First of all, there’s a collection of emails between City Attorney spokesman1 Rob Wilcox and various L.A. Times Reporters. You can get the whole batch here:
Also I have a full set of reports2 from the Bureau of Sanitation on the cleanups of three homeless encampments on March 22, 2016. It took almost three months for them to hand over this material, which won’t surprise anyone who’s been following my recent interactions with them. This is likewise available from:
I don’t presently have much to say about the sanitation reports. At this point I’m collecting as much material as possible in order to (a) figure out what kind of material is available so that I’ll be able to make focused, effective requests in the future, (b) learn what kinds of arguments they make against handing over records so that I can make focused, effective counterarguments against them, and (c) understand all the players in the HE3 game and the roles they’re playing. I hope to be able to synthesize all of this at some point, but meanwhile I want to make the records available because I know smarter people than I are also reading them.
This is just a quick post to announce the availability of tons of new records (with more to come this weekend, I hope!) These are available both on Archive.Org and locally through the menu structure above or directly from our document storage.