Tag Archives: LAMC 41.18(d)

“We Save Lives Out Here, We Don’t Harass Lives!” The Heavily Armed Self-Proclaimed Mother Teresa of Hollywood, Ms. Kerry Morrison, Flips Out About “Concerning” LA Times Editorial, Proposes to Head Over To First And Spring And Teach That Editorial Board A Lesson!

Brigadier General Kerry Morrison using her brand-new dry-erase map of Hollywood to plot further invasions, conquests, and occupations-by-force-of-arms.
Brigadier General Kerry Morrison using her brand-new dry-erase map of Hollywood to plot further invasions, conquests, and occupations-by-force-of-arms.
Remember this editorial in the L.A. Times about the Venice Beach BID? I posted on it a couple weeks ago because whoever wrote it1 took City Attorney spokesman Rob Wilcox at his unsupported and unsupportable word that BID security somehow wasn’t allowed to arrest people for sitting on the sidewalk in violation of the despicable LAMC 41.18(d). Well, anyway, evidently “Two-gun” Kerry Morrison of the Hollywood Property Owners Alliance read an editorial with the same title but, perhaps because her copy of the paper comes from Bizarro World, radically different content. The one I read said, quite sensibly:

We’re glad that property owners around Venice Beach care about their community and that they’re willing to pay extra to improve the neighborhood. But when it comes to the homeless, they must decide whether they want to be part of the solution or part of the problem. If the ambassadors are going to constitute a de facto private security force, their job should not be to hassle the homeless in an effort to move them pointlessly from corner to corner or to push them out of the neighborhood so that they become another jurisdiction’s problem.

So watch and listen here to HPOA Executive Director Ms. Kerry Morrison’s cri de coeur about how UNFAIR this is to her and her heavily armed BID Patrol buddies!! Or if you prefer, as always, there’s a transcription after the break. And she said:

There was a very concerning editorial in the L.A. Times two weeks ago. … And what’s concerning about it is that it kind of suggests that when BIDs get involved in addressing homeless issues that it’s basically a harassment mindset.
Continue reading “We Save Lives Out Here, We Don’t Harass Lives!” The Heavily Armed Self-Proclaimed Mother Teresa of Hollywood, Ms. Kerry Morrison, Flips Out About “Concerning” LA Times Editorial, Proposes to Head Over To First And Spring And Teach That Editorial Board A Lesson!

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Somebody’s Lying To Somebody About Something: Mike Feuer? LA Times Editorial Board? All of the Above? BID Security Absolutely Does Not Have to Wait for the LAPD to Arrest Homeless People For Sitting On The Sidewalk

According to the L.A. Times the BID Patrol has to wait for the LAPD to arrest people for violating LAMC 41.18(d).  Ask this man if that's true.
According to the L.A. Times the BID Patrol has to wait for the LAPD to arrest people for violating LAMC 41.18(d). Ask this man if that’s true.

In an editorial in this morning’s Times about the Venice Beach BID it is stated:

Even during the day, when the municipal code against sitting, lying or sleeping on a sidewalk or street is enforceable, the BID ambassadors would be required to call the police or city employees to enforce it, according to the city attorney’s office.

Of course, in the ordinary meaning of the word “enforce” this is demonstrably not true. In Hollywood, the BID Patrol, operated by Andrews International Security on behalf of the Hollywood Property Owners Alliance which manages two local BIDs, arrests people for violating the despicable LAMC 41.18(d) on an exceedingly regular basis. They handcuff them and either forcibly transport them in a private vehicle to the police station or else wait on-scene for LAPD to arrive to complete the arrest process.

This might charitably be interpreted as waiting for the police to enforce the law in the sense that the LAPD has to issue citations. But the difference to the arrested person, who is handcuffed, forced into a private car or made to sit or lie shackled on the sidewalk until the cops show up to cite them out, is nonexistent. If that’s what Mike Feuer’s office meant by what they apparently said to the Times Editorial Board then shame on them for being so disingenuous. If they meant something else, it wasn’t true. And shame too on the Editorial Board for not investigating that easily refuted claim.

UPDATE: I just received this email, sent yesterday by Rob Wilcox at the City Attorney’s office to Carla Hall at the L.A. Times, stating explicitly that:

Only peace officers or authorized city employees could enforce that section of the ordinance [LAMC 41.18(d)]. BID employees would not be able to enforce.

He doesn’t give a reason, but his statement is demonstrably untrue. I wonder what he meant by it? State law requires police to accept custody of anyone who’s arrested by a private person, and allows private persons to make arrests for any violation of the criminal law.

According to the L.A. Times the BID Patrol has to wait for the LAPD to arrest people for violating LAMC 41.18(d).  Ask this man if that's true.
According to the L.A. Times the BID Patrol has to wait for the LAPD to arrest people for violating LAMC 41.18(d). Ask this man if that’s true.

After the break you will find links to actual BID Patrol arrest reports from 2015 for violations of LAMC 41.18(d).1 Also, here is a horrific video showing what one of these BID Patrol arrests looks like in reality rather than in the delusional fantasy world evidently inhabited by the City Attorney and the LA Times Editorial Board. Here’s a representative sample from one of the reports:

A short time later, we observed MARLOW place his belongings on the ground then lay on the sidewalk. We made contact with MARLOW and informed him he was in violation of 41.18 (d) LAMC- Sitting on public sidewalk. MARLOW refused to comply with our request to stand up and became verbally confrontational with BID officers. MARLOW proceeded to stand up and walk in and out of traffic on Hollywood Blvd. MARLOW also walked away and returned 3 times and was verbally confrontational towards BID Officers. We waited for additional units and FB2 and ED-30 arrived on scene. MARLOW was pulled to the ground by BID Officers in order to safely handcuff him.

And here’s another one:

We then contacted the subjects (one later identified S/ Mull) that were physically blocking the sidewalk with his property and bicycle sidewalk, a violation of 41.18 (d) LAMC- (Blocking, Sitting, Sleeping on the Sidewalk). The subjects admitted that they were not supposed to block the sidewalk per prior BID officers warnings from the past.

We advised S/ Mull that we were placing him under “Private Person’s Arrest”, per 837 Penal Code – (Private Person’s Arrest – Authority To Arrest / see attached form) for 41.18 (d) Los Angeles Municipal Code – (Sitting/lying/sleeping on sidewalk). Mull was immediately handcuffed (adjusted / doubled locked) for his safety and comfort, as per policy.

We then escorted Mull to our patrol vehicle and was seated on the rear passengers side. He was seat belted (adjusted / secured) for his safety and comfort, as per policy.

We then transported him to the Hollywood and Highland substation, per 847 PC. When then met with LAPD Officers Lawrence and Gonzalez (6FB1) for a citation release.

Continue reading Somebody’s Lying To Somebody About Something: Mike Feuer? LA Times Editorial Board? All of the Above? BID Security Absolutely Does Not Have to Wait for the LAPD to Arrest Homeless People For Sitting On The Sidewalk

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How is this Even Legal? BID Patrol Attacks a Sitting Man, Forcibly Handcuffs Him, and Then, With Full Cooperation of LAPD, Arrests Him for Kicking one of Them During Putative “Arrest”

Stop resisting!  Stop resisting, dude.
Stop resisting! Stop resisting, dude.
This would be unbelievable if the whole thing weren’t captured on video. On November 23, 2015, at least four BID Patrol security guards (Mike Coogle, along with Wissman, Tizano, and Cox) confronted a man who was sitting on the sidewalk in front of the Metro Red Line station at Hollywood and Vine. They talked to him for almost four minutes, during which time he didn’t answer their questions and mostly ignored them. At 3:55 in the video one officer says to another “you want him?” The other says yes, so they grab him and push him over.
BID_patrol_attacks_02
Soon all four of them are piled on top of him and trying to put handcuffs on him. Coogle claimed that the man kicked him during this episode, and ultimately they didn’t even arrest him for violating LAMC 41.18(d). Instead they arrested him for battery for kicking Coogle. When LAPD officers Adams (#34837) and Galicia (#41404) showed up and accepted the man into custody with the approval of their supervisor, LAPD Sgt. Chuck Slater. You can read the full story in the arrest report, although it doesn’t answer the main question I have about this incident: How did the LAPD decide to arrest Jones for battery rather than the BID Patrol officers?

Now, I have heard repeatedly that these BID Patrol officers have no arrest powers beyond those that every private citizen has. Kerry Morrison has even said this to me in person while schoolmarmishly waggling her finger in my face. If this is true, and I think it probably is, then there are two possibilities. Either these BID Patrol officers are breaking the law on camera here or else it’s actually legal in the City of Los Angeles for private citizens to form up into gangs of four people, physically jump on top of anyone they see sitting on the sidewalk, and force them into handcuffs. In fact, Ms. Kerry Morrison has confessed in print to violating LAMC 41.18(d) but neither got arrested by her own BID patrol nor got jumped on and handcuffed by a gang of vigilantes.
Continue reading How is this Even Legal? BID Patrol Attacks a Sitting Man, Forcibly Handcuffs Him, and Then, With Full Cooperation of LAPD, Arrests Him for Kicking one of Them During Putative “Arrest”

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Kerry Morrison Goes Around Hollywood Peering into Cars to see if Homeless People are Living in them and then Sends the BID Patrol to Investigate

Kerry Morrison with her detective hat on.
Kerry Morrison with her detective hat on.
There is all kinds of interesting stuff in the BID Patrol daily log files, and some of it is too weird to even describe. This little story is from April 24, 2015, written by BID Patrol officers Mike Coogle and his frequent partner Mike Ayala:

OUTREACH- 1500 BLOCK OF GORDON AVENUE- E/ SIDE OF STREET
YESTERDAY WE RECEIVED A CALL FROM KERRY’S OFFICE REGARDING A VEHICLE SHE OBSERVED. THE VEHICLE, A GREY BUICK LIC#XXXXXXX, WAS UNOCCUPIED BUT CONTAINED A CHILD SEAT, FORMULA AND OTHER ITEMS POSSIBLY INDICATING THE OWNER OF THE VEHICLE IS HOMELESS WITH A CHILD. YESTERDAY WE LEFT A PATH CARD AND FLIER WITH LOCAL, FAMILY FRIENDLY HOMELESS SERVICES ON THE WINDSHIELD. THIS MORNING, THE CARD AND PAPER WERE GONE. THE VEHICLE WAS UNOCCUPIED AND SOME ITEMS APPEARED TO BE IN DIFFERENT SPOTS.

So yeah, people of Hollywood. Don’t you feel safer knowing that Ms. Kerry Morrison is peering in your car to see if you look homeless and then sending her armed minions the BID Patrol to follow your car around to see if you’re parked in the same place and if you moved stuff in your car around? And for such a vocal advocate of law and civic order as is our Ms. Morrison, this kind of thing is surprisingly illegal. Read on for the details!
Continue reading Kerry Morrison Goes Around Hollywood Peering into Cars to see if Homeless People are Living in them and then Sends the BID Patrol to Investigate

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Kerry Morrison’s Homeless “Buddy” and Star of her Upcoming “Documentary” Apparently Received Special Treatment at Hands of BID Patrol in 2008

This man, who is not Kerry Morrison's buddy and who's not starring in her documentary and who never took luncheon with her, was arrested 10 times and warned twice by the BID Patrol in 2008.
This man, who is not Kerry Morrison’s buddy and who’s not starring in her documentary and who never took luncheon with her, was arrested 10 times and warned twice by the BID Patrol in 2008.
You may have seen the news elsewhere that Kerry Morrison was granted a Stanton Fellowship by the Los-Angeles-based Durfee Foundation. I’ve refrained from writing about it here because it struck me as more of a private matter. However, in February Kerry Morrison sent an email to Dan Halden of CD13 with her application attached. This put it on the public record and made comments on it of public interest, and it turns out to shed a great deal of light on otherwise mysterious goings-on at the BID Patrol.

So here is a copy of Kerry Morrison’s Stanton Fellowship application. This is an exceedingly rich document, and you’re reading the first of what I expect to be many, many posts about it. It’s well worth the time it’ll take you to read the whole thing, though, because it’s even weirder than you’re thinking it might be.

This man, who is Kerry Morrison’s buddy and who is starring in her documentary and who did take luncheon with her, was arrested 4 times and warned innumerable times by the BID Patrol in 2008.
This man, who is Kerry Morrison’s buddy and who is starring in her documentary and who did take luncheon with her, was arrested 4 times and warned innumerable times by the BID Patrol in 2008.
Anyway, in her application, as part of her plan to fix what she sees as flaws in the mental health care system vis-a-vis homelessness, she plans to:

Tell the story. I have been collecting photos, videos, notes from interviews and observations now dating back to 2008. With the permission of my three friends, and possibly other
[sic], I see the potential to create a documentary that will weave the human story around the policy, systems and community cultural change necessary to embrace the needs of these individuals. Create a documentary to tell their story and show the before and after.

Her “three friends” are homeless men that she and her friends in business-oriented astroturf homeless services front group Hollywood 4WRD helped in various ways.1 A careful analysis of the Andrews International BID Patrol 2008 arrest reports and the 2008 daily activity logs that at least one of these three, whom Kerry Morrison calls “my buddy,” was accorded a free pass by the BID Patrol, being given innumerable warnings for violations for which his peers who weren’t the object of Kerry Morrison’s special interest were routinely arrested.
Continue reading Kerry Morrison’s Homeless “Buddy” and Star of her Upcoming “Documentary” Apparently Received Special Treatment at Hands of BID Patrol in 2008

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In December 2015 Garcetti Held Invite-Only Meeting to be Sure Homelessness Policies were Acceptable to Business Leaders, Including Carol Schatz, Central Hollywood Coalition, Central City Association, Others

Alisa Orduna in November 2015, just about a month before the Mayor's BID Round Table on homelessness.
Alisa Orduna in November 2015, just about a month before the Mayor’s BID Round Table on homelessness.
Yesterday we obtained some emails exchanged between Garcetti homelessness czarina Alisa Orduna and Central City Association flacks and criminals, Marie Rumsey and her boss, Carol Schatz, the zillion dollar woman, whose creepazoid views on homelessness already have a disproportionate influence on city policy. The main thing is an invite from Alisa Orduna to Carol Schatz to attend

…an Intimate Round Table
[sic] discussion… This meeting is invite-only and intentionally small to learn and discuss strategies for BIDS [sic] that are addressing homelessness in way one [sic] or another so that we can include the City’s plan is [sic] inclusive of this perspective.

This is bad enough, that Garcetti solicits the intimate opinions of these delusional BIDdies, who not only just make stuff up about the homeless but whose ultimate homeless policy is terrorism. It’s bad enough, as we said, but the reasons are even worse:

Mayor Garcetti is very committed to working with CCA and the other BIDS to develop homelessness policies and practices that address homelessness without unintentional harm to our business community. In the long run, we need businesses to provide pathways out of poverty through self-sustaining wages and pride in individual ability and skills.

Continue reading In December 2015 Garcetti Held Invite-Only Meeting to be Sure Homelessness Policies were Acceptable to Business Leaders, Including Carol Schatz, Central Hollywood Coalition, Central City Association, Others

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BID Patrol Prosecution/Arrest Ratio Very Low as Shown by Top Arrestees 2007-2013: From 44 Frequently Arrested People with 1144 Arrests, 407 Brought to City Attorney, Only 185 Actually Prosecuted

Mike Feuer's office evidently exercises more prosecutorial discretion than average, at least when it comes to the BID Patrol, which may not be saying much...
Mike Feuer’s office evidently exercises more prosecutorial discretion than average, at least when it comes to the BID Patrol, which may not be saying much…
I recently obtained a 2013 list of people most arrested by the BID Patrol beginning in 2007. Since Kerry Morrison has told me1 that neither the HPOA nor Andrews International tracks outcomes of arrests made by the BID Patrol, I asked the City Attorney to run a report on all cases involving these people sent to them for prosecution.2 I subsequently tallied up the arrests and the referrals for the time period by hand3 and it turns out that the vast majority of cases involving BID Patrol arrests are not even referred for prosecution, and among those that are, over half are rejected. The data is incomplete and subject to some interpretation, but it appears that less than 20% of these cases are actually prosecuted.4 In particular, there are 1144 arrests of these 44 people between 2007 and 2013. Of these, no more than 407 (35.6%) were referred for prosecution. Of those cases, 222 were rejected for various reasons and the rest seem to have been prosecuted.

This is an astonishingly low rate if one thinks that the purpose of arresting people is to stop them from breaking the law, and it’s harmful both to the people arrested and to society at large. The incomparable Alexandra Napatoff, writing about misdemeanor convictions (although her argument is as strong regarding the arrests themselves, and even more so if the conviction rate is so very low), puts it like this;

Because the misdemeanor world is so large, its cultural disregard for evidence and innocence has pervasive ripple effects, not the least of which is the cynical lesson in civics that it teaches millions of Americans every year. In these ways, the misdemeanor process has become an influential gateway, sweeping up innocent as well as guilty on a massive scale and fundamentally shaping not only the ways we produce criminal convictions but also who is likely to sustain them.
Continue reading BID Patrol Prosecution/Arrest Ratio Very Low as Shown by Top Arrestees 2007-2013: From 44 Frequently Arrested People with 1144 Arrests, 407 Brought to City Attorney, Only 185 Actually Prosecuted

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In 2007 the BID Patrol Steered Homeless Sidewalk Sleepers to Selma Park to Avoid Arrest Until December 19 When the Signs Were Up

Selma Park from the side of freedom; the inside.  Or, as Woody had it: As I went walking I saw a sign there And on the sign it said "No Trespassing." But on the other side it didn't say nothing, That side was made for you and me.
Selma Park from the side of freedom; the inside:

As I went walking I saw a sign there
And on the sign it said “No Trespassing.”
But on the other side it didn’t say nothing,
That side was made for you and me.

Late last week I obtained copies of the BID Patrol’s 2007 arrest reports and daily logs, and they shed some interesting light on the early days of the whole Selma Park fiasco. First of all, Footbeat 2’s log for December 19, 2007 reveals that the BID’s fake signs went up on or before that day:

1345/1355
EXTRA PATROL: 6765 SELMA AVE; SELMA PARK. CHECKED LOCATION FOR VIOLATORS OF NEW SIGNS POSTED PROHIBITING ADULTS WITHOUT CHILDREN AT PARK. NOTE 3 (H) MALES IN PARK IN VIOLATION AND ADVISED RE: NEW POSTED SIGNS. SUSPECTS DEPARTED WITHOUT INCIDENT.

Interestingly, this was foreshadowed as early as September, 2007. For instance, we find in the Footbeat 4 log for September 27, 2007 that OFFICERS CONTACTED SEVERAL HOMELESS RE: ISSUES IN THE PARK AND SURROUNDING AREA. WE ADVISED THE SUBJECTS RE: THE POSSIBILITY OF THE PARK BEING FOR CHILDREN ONLY. (END 1830 HOURS).

But the really unexpected fact I found in this material is that before the signs went up the BID Patrol actually encouraged homeless people to sleep in the park rather than on the sidewalk, where they were subject to arrest for violating LAMC 41.18(d). Now, this would certainly make sense in a sane world, since it was (and is) legal to sleep in the park, but not on the sidewalk. However, given the bitching and moaning that the BID put up about park-sleeping and the illegal lengths they went to to get the park declared off-limits to humans, I can’t help but suspect some kind of narrative-creating subterfuge here. It seems quite shady to intentionally fill the park up with homeless sleepers and then use the large numbers of homeless sleepers as a reason to get the park closed against them. It’s just another example of zillionaire ethics, I guess. See after the break for the evidence.
Continue reading In 2007 the BID Patrol Steered Homeless Sidewalk Sleepers to Selma Park to Avoid Arrest Until December 19 When the Signs Were Up

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An Open Letter to Mitch O’Farrell Regarding Plans to Fund Andrews International BID Patrol Operations in Hollywood

March 2, 2016

Councilmember Mitch O’Farrell
200 N Spring St #450
Los Angeles CA 90012

Dear Councilmember O’Farrell,

I am writing to you regarding plans that the Hollywood Property Owners Alliance and the Los Angeles Police Department are making to extend the patrol hours of the Andrews International BID Patrol in the Hollywood Entertainment District until 4 a.m. In particular, I heard at the last HPOA board meeting that you were considering funding all or part of this program from your discretionary money. If this report is accurate, I hope that you will ultimately decide not to fund an expansion of BID Patrol hours in Hollywood. Here are a number of reasons why I think your funding this project would be a bad idea:

1. Regardless of the intention, it looks like a way to evade Police Commission oversight of law enforcement in Hollywood: This expansion of the BID Patrol’s operations is apparently being planned at the request of Hollywood Divison’s Commanding Officer Peter Zarcone. If it’s implemented it will therefore create a City-funded group of quasi-police assembled at the City’s request who are not subject to any kind of civilian oversight or control. I understand that in some technical sense the BID Patrol aren’t police, but this plan makes that seem even more like a distinction without a difference than it already does.
Continue reading An Open Letter to Mitch O’Farrell Regarding Plans to Fund Andrews International BID Patrol Operations in Hollywood

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BID Patrol Wakeup Call at Sunset and Vine Captured on Video this Morning

BID Patrol officer Mike Ayala (badge #107), prompted by a complaint from Starbucks, encourages a homeless woman to leave the corner of Sunset and Vine.
BID Patrol officer Mike Ayala (badge #107), prompted by a complaint from Starbucks, encourages a homeless woman to leave the corner of Sunset and Vine.
This morning at about 8:00 a.m. BID Patrol officer Mike Ayala (badge #107) and his partner, whose name we don’t yet know, told a woman camped out at the Southeast corner of Sunset and Vine that she’d have to move on because the management of the Starbucks there had complained. Our correspondent happened to be walking by and caught the last nine minutes of the incident on video. Naturally, not much happened. Even the BID Patrol is going to think twice about arresting someone on a nonsense LAMC 41.18(d) charge while on camera. There were two interesting things about the episode, though.
Continue reading BID Patrol Wakeup Call at Sunset and Vine Captured on Video this Morning

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