Tag Archives: LAMC 56.11

Judge James Otero Issues Order Denying City Of LA’s Motion To Clarify His Preliminary Injunction Against Enforcement Of LAMC §56.11 In Skid Row

See Gale Holland’s excellent story in the Times on Mitchell v. LA as well as our other stories on the subject for the background to this post. See here to download most of the papers filed in the case.

Recall that in May 2016 the City of Los Angeles filed a motion asking Judge James Otero to clarify his preliminary injunction against enforcement of the abhorrent LAMC §56.11 within the boundaries of Skid Row. Recently plaintiffs’ attorney Carol Sobel filed a scathing opposition to the City’s motion. Otero then ruled that he could dispose of the motion without a hearing.

Earlier today he filed an order doing just that. He denied the City’s motion entirely and accused them of asking him to rule on abstractions and complex constitutional issues which had not yet come up in practice in this case. This he declined to do, rightly in my opinion, leaving the City with no option but to buckle down and follow the freaking law for once. There’s a transcription after the break.
Continue reading Judge James Otero Issues Order Denying City Of LA’s Motion To Clarify His Preliminary Injunction Against Enforcement Of LAMC §56.11 In Skid Row

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Judge Otero Rules That No Hearing Is Necessary On City Of LA’s Motion To Clarify Preliminary Injunction In Mitchell Case, Cancels Hearing Scheduled For Monday September 11

See Gale Holland’s excellent story in the Times on Mitchell v. LA as well as our other stories on the subject for the background to this post. See here to download most of the papers filed in the case.

Recall that in May 2016 the City of Los Angeles filed a motion asking Judge James Otero to clarify his preliminary injunction against enforcement of the abhorrent LAMC §56.11 within the boundaries of Skid Row. Recently plaintiffs’ attorney Carol Sobel filed a scathing opposition to the City’s motion and a hearing was set for Monday, September 11.

Well, just yesterday Judge James Otero ruled that he didn’t need a hearing in order to decide on the motion and thereby cancelled it. This was published on PACER as one of those text-only notices, no PDF associated, and you can read what there is of it after the break.
Continue reading Judge Otero Rules That No Hearing Is Necessary On City Of LA’s Motion To Clarify Preliminary Injunction In Mitchell Case, Cancels Hearing Scheduled For Monday September 11

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City of Los Angeles Files Unconvincing Response To Carol Sobel’s Opposition To City’s Motion For Clarification Of Judge Otero’s Preliminary Injunction Against Confiscation Of Homeless People’s Property In Skid Row, Basically Ask Court To Allow Them To Confiscate Incident To Arrest Even If There’s A Third Party To Take Property Cause Cops Don’t Have Time To Do The Right Thing

See Gale Holland’s excellent story in the Times on Mitchell v. LA as well as our other stories on the subject for the background to this post. See here to download most of the papers filed in the case.

Last week it came out that ongoing settlement talks in Mitchell v. City of Los Angeles had broken down, leading to the plaintiffs filing an opposition to the City’s motion for clarification of Judge Otero’s April 2016 preliminary injunction against the City. Yesterday the City filed a reply to Sobel’s opposition (PDF, transcription after the break).

The City’s argument is based on the highly dubious assertion that “Throughout all of its efforts, the City strives to balance the need of all of the City’s residents to have clean, sanitary, and accessible public areas, including sidewalks, with the needs of “the City’s large and vulnerable homeless population” and they just need clarification “…to ensure that its employees who are responsible for protecting the health, safety, and welfare of every person living or working in the Skid Row area clearly understand, and are in a position to successfully implement, the terms of the Court’s Order.”

Of course, it’s much, much more likely that the City’s goal is to harass homeless people so mercilessly that they all leave, freeing up the valuable real estate of Skid Row for the Downtown developers who hungering so fiercely for it. And I apologize that I can’t go into more detail, but, as I said, there’s a transcription after the break.
Continue reading City of Los Angeles Files Unconvincing Response To Carol Sobel’s Opposition To City’s Motion For Clarification Of Judge Otero’s Preliminary Injunction Against Confiscation Of Homeless People’s Property In Skid Row, Basically Ask Court To Allow Them To Confiscate Incident To Arrest Even If There’s A Third Party To Take Property Cause Cops Don’t Have Time To Do The Right Thing

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Discussions On City Of LA’s Motion For Clarification Of Otero’s Preliminary Injunction Forbidding Confiscation Of Homeless Property In Skid Row Finally Break Down, Leading Plaintiffs’ Attorneys To File Scathing Opposition — Hearing Set For September 11 At 10 a.m.

See Gale Holland’s excellent story in the Times on Mitchell v. LA as well as our other stories on the subject for the background to this post. See here to download most of the papers filed in the case.

It’s been over a year since anything tangible happened in Mitchell v. City of LA, which is the most recent lawsuit against the City of Los Angeles challenging the City’s abhorrent enforcement of the abhorrent LAMC 56.11 as an abhorrent justification for the illegal and immoral confiscation of the personal property of homeless people in Los Angeles. Here’s a brief timeline of what’s been going on:

  • April 2016 — Judge Otero issues a preliminary injunction severely limiting the City’s enforcement of LAMC 56.11 in Skid Row.
  • May 2016 — The City of Los Angeles asks Otero to clarify his injunction. In particular, the City wanted to know the boundaries within which the injunction applies and also how the community caretaking exception to the Fourth Amendment is to be exercised in relation to homeless people’s property.
  • Subsequently the City and the plaintiffs spent over a year trying to come to an agreement on the motion for clarification.

Well, yesterday Carol Sobel filed this opposition announcing that, while the parties were able to agree on the boundaries within which the injunction applies and some other matters, they most certainly were not able to agree on the community caretaking matter and neither were they able to agree on the City’s proposal for what constitutes a removable “bulky item.” The agreed-upon boundaries, by the way, are:

Second Street to the north, Eighth Street to the South, Alameda Street to the east and Spring Street to the west.

According to the American Bar Association Journal,

The idea behind community caretaking is that police do not always function as law enforcement officials investigating and ferreting out wrongdoing, but sometimes may act as community caretakers designed to prevent harm in emergency situations.

When they’re functioning in that role, the theory goes, they can seize cars without due process, or search houses without a warrant, and so on, as long as they’re “caring for the community” rather than investigating. Thus the community caretaking function justifies some specific exceptions to the Fourth Amendment prohibition on warrantless searches and seizures of property.

And I’m sure you can imagine just what kinds of mischief the City of Los Angeles is capable of getting up to with a tool like that. In particular they’re arguing that they ought to be able to confiscate people’s property when they’re arrested even if the arrestee has someone at the scene who can take custody of the property. The City says yes, sane people say no.

This matter is scheduled for a hearing at 10 a.m. on Monday, September 11, in Otero’s Courtroom 10C in the First Street Federal Courthouse. Anyway, turn the page for some excerpts from the filing which explain things better than I’m capable of doing.
Continue reading Discussions On City Of LA’s Motion For Clarification Of Otero’s Preliminary Injunction Forbidding Confiscation Of Homeless Property In Skid Row Finally Break Down, Leading Plaintiffs’ Attorneys To File Scathing Opposition — Hearing Set For September 11 At 10 a.m.

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City Council Approves Update To Ethics Laws Which, Among Other Changes, Imposes At Long Last A Duty On City Officials And Employees To Report Violations To The Ethics Commission Within Ten Days — A Law Like This Will Cut Down On Apparent Collusion By City Officials Or At Least Provide Another Fruitful Channel For Reporting Them

The Los Angeles Ethics Commission is charged not only with enforcing ethics laws and regulations but also with reviewing and revising them periodically. Because the City Council is subject to these laws it wouldn’t make much sense for them to be able to alter them at will. The temptation to exempt themselves and their creepy zillionaire buddies would ultimately be too much for their corrupt vestigial little senses of morality to bear and we’d end up without any ethics laws at all.

Thus the process, as described in the City Charter at §703(a), requires the Ethics Commission to propose the changes and gives the City Council the authority only to disapprove but not to modify them.1 This strikes me as a quite clever way to balance the competing interests involved:

The commission may adopt, amend and rescind rules and regulations, subject to Council approval without modification, to carry out the purposes and provisions of the Charter and ordinances of the City relating to campaign finance, conflicts of interest, lobbying, and governmental ethics and to govern procedures of the commission.2

So at its meeting in February, the Ethics Commission approved a bunch of revised enforcement regulations. You can read the original proposal. This was duly sent up to the City Council, where it was placed in Council File 14-0049-S1. Well, on Thursday, after the Mayor’s concurrence was received, the Council finalized the matter and the new regulations are approved and will take effect on August 14.3

There were bunches of changes, mostly technical in nature, and beyond my capacity to evaluate. But the one that really excites me is that the new ordinance requires City departments and appointees to report violations of the Ethics laws or the Municipal Lobbying Ordinance within ten days. This is a huge development! Read on for details and for a number of horrific instances in which the lack of a mandate to report created absolutely nauseating scenarios involving law-flouting lobbyists and City officials.
Continue reading City Council Approves Update To Ethics Laws Which, Among Other Changes, Imposes At Long Last A Duty On City Officials And Employees To Report Violations To The Ethics Commission Within Ten Days — A Law Like This Will Cut Down On Apparent Collusion By City Officials Or At Least Provide Another Fruitful Channel For Reporting Them

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LA Catholic Worker et al. V. City of LA, CCEA Settlement Terms To Go Before Full Council In Closed Session On June 14

The momentous 2014 lawsuit by LA Catholic Worker and the LA Community Action Network against the Central City East Association and the City of Los Angeles has been in the settlement process for more than six months now.1 The Central City East Association settled what seems like ages ago. The City of Los Angeles claimed in December that settlement terms had been reached, and then nothing happened for months.
Continue reading LA Catholic Worker et al. V. City of LA, CCEA Settlement Terms To Go Before Full Council In Closed Session On June 14

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LA Catholic Worker V. City Of Los Angeles Lawsuit Settlement Agreement Scheduled For Budget And Finance Committee Closed Session On Monday, June 5, 2017

The momentous 2014 lawsuit by LA Catholic Worker and the LA Community Action Network against the Central City East Association and the City of Los Angeles has been in the settlement process for more than six months now.1 Most recently, in March, the terms of CCEA’s part of the settlement were finalized by the court.2 Documents filed with the court as early as last December have announced that the terms of a settlement with the City of Los Angeles had been agreed on and were just pending City Council approval.

Well, Council is finally poised to approve the settlement terms. The matter is on the books as Council File 16-1449, and is scheduled for a closed session on Monday, June 5 at 2 p.m. in Room 1010 of City Hall at the Budget and Finance Committee. As is required by the Brown Act there will be an opportunity for public comment before the closed session. My feeling is that this is a fait accompli and not worth my time to attend, but you should certainly decide for yourself about that.

Given the fairly glacial pace at which the City has been moving, and given the fact that federal district courts move very slowly as well, it will probably be a while before the specific terms of the settlement with the City become public. However, given the stringent terms agreed to by the CCEA, this settlement is likely to include at the very least further restrictions on the City’s ability to enforce its reprehensible personal property ordinance, LAMC §56.11, and probably a lengthy period of oversight by the court as well. Stay tuned for details!
Continue reading LA Catholic Worker V. City Of Los Angeles Lawsuit Settlement Agreement Scheduled For Budget And Finance Committee Closed Session On Monday, June 5, 2017

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Huge News: LA Community Action Network Lawsuit Against Central City East Association and City Of LA Poised To Settle, CCEA Agrees To Specific, Extensive Restrictions On Homeless Property Confiscation, Will Pay $25,000 To LAFLA In Damages, Legal Fees, And Costs. City Of LA Settlement Expected To Go To City Council Soon, LAMC 56.11 Enforcement Likely To Be Severely Attenuated

News of a settlement in the momentous lawsuit brought by the Legal Aid Foundation of Los Angeles on behalf of the Los Angeles Community Action Network, the LA Catholic Worker, and a number of individuals over the confiscation of homeless people’s property by BID and by City, has been rumbling around PACER for about one year now. Well, yesterday evening, the first concrete details of the ongoing settlement process arrived. The parties filed a joint report indicating that concrete terms had been reached with both CCEA and the City of Los Angeles. The City of LA part still has to be approved by City Council, but according to the document, this is likely to happen within 45 days.

On the other hand, amazingly, the proposed agreement between the CCEA and the plaintiffs has actually been filed! It must still be approved by Judge Philip Gutierrez, but it strikes me as extraordinarily unlikely that it would not be. The agreement severely restricts the circumstances under which the BID can confiscate property. The terms of this part of the settlement make it seem very likely that the City will agree to severe restrictions in its enforcement of LAMC 56.11, the property confiscation ordinance, at least on Skid Row. CCEA will also pay LAFLA $25,000 for damages, fees, and costs. Turn the page for some details of what the CCEA has agreed to.
Continue reading Huge News: LA Community Action Network Lawsuit Against Central City East Association and City Of LA Poised To Settle, CCEA Agrees To Specific, Extensive Restrictions On Homeless Property Confiscation, Will Pay $25,000 To LAFLA In Damages, Legal Fees, And Costs. City Of LA Settlement Expected To Go To City Council Soon, LAMC 56.11 Enforcement Likely To Be Severely Attenuated

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Probably On Basis Of Our Complaint, Scofflaw Lobbyist Marie Rumsey Has Been Nailed By Ethics Commission For Violating Post-Employment Restrictions, Provides Pathetically Implausible Excuse, Enforcement Staff Recommends She Be Let Off With Wrist Slap

Marie Rumsey in happier days at CD13 before she got hired on at the Central City Association and turned to a life of crime, infamy, and outlawry.
Marie Rumsey in happier days at CD13 before she got hired on at the Central City Association and turned to a life of crime, infamy, and outlawry.
My colleagues and I reported in January 2016 that former Mitch O’Farrell aide Marie Rumsey appeared to be in violation of Los Angeles Municipal Code §49.5.13.C.1. A few weeks later I submitted a report on the matter to the City Ethics Commission. Well, last night the CEC published its agenda for the December 6 meeting and, lo! A stipulation in the matter of Marie Rumsey is Item 5!

I submitted evidence of three violations, although there were clearly many others. They tagged her for two of them. She admitted that she’d broken the law, but gave as an exceedingly lame excuse that… well, let the CEC tell it:

Rumsey received inaccurate legal advice from CCA’s former legal counsel and mistakenly believed that she could attempt to influence any City agency except Councilmember O’Farrell’s office.

Because of this and because of her cooperation, CEC staff is recommending leniency:

The maximum administrative penalty for a violation of the City’s post-employment laws is the greater of $5,000 or three times the amount of compensation that was improperly received. Los Angeles City Charter § 706(c)(3). In this case, the two counts against Rumsey result in a maximum penalty of $14,250. We recommend a penalty of $7,125, which is equal to 50 percent of the maximum in this case. We believe the recommended penalty is appropriate, because it takes into consideration the serious nature of the violations while also encouraging cooperation with Ethics Commission investigations and the early resolution of violations.

These offers of 50% of the fine seem to be standard for people who cooperate with the CEC. And the $7,125 isn’t pocket change, even if the CCA ends up paying it for her.1 In this case, though, I think such a low offer is a mistake, not least because on analysis her excuse turns out to be unsupportable. For details on this, and some other interesting matters regarding this case, read on!
Continue reading Probably On Basis Of Our Complaint, Scofflaw Lobbyist Marie Rumsey Has Been Nailed By Ethics Commission For Violating Post-Employment Restrictions, Provides Pathetically Implausible Excuse, Enforcement Staff Recommends She Be Let Off With Wrist Slap

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New Documents: LASAN Encampment Investigation Reports, Lots of Emails About Venice Beach BID, BID Feasibility Reports, Save Valley Village Lawsuit

image_from_sanitation_reportAnnouncing lots of new documents!

Venice Beach BID Emails:

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.

And finally, turn the page for the City of LA’s answer to the Save Valley Village vote-fixing lawsuit!
Continue reading New Documents: LASAN Encampment Investigation Reports, Lots of Emails About Venice Beach BID, BID Feasibility Reports, Save Valley Village Lawsuit

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