Tag Archives: Los Angeles Municipal Code

Everyone Knows That LAMC 41.18(d) Outlaws Sitting Or Lying On A Sidewalk Or Street — At Least If You’re Homeless — But Did You Know That It’s Also Illegal Even To Stand Or Walk In An Alley? — At Least If You’re Homeless — Downtown Neighborhood Prosecutor Kurt Knecht Explains The Whole Thing To The LAPD — Who Aren’t Just Abstractly Interested In Legal Principles That Can’t Be Weaponized — And Clearly This One Can

One of the most shameful sections in the entire Los Angeles Municipal Code is the reprehensible LAMC 41.18(d), which says in its sinister understated way that “No person shall sit, lie or sleep in or upon any street, sidewalk or other public way.” The Ninth Circuit Court of Appeals in its monumental Jones decision, has called this “one of the most restrictive municipal laws regulating public spaces in the United States” because, unlike laws passed by sane people, it doesn’t even require blocking anything for a violation. Just sitting, lying, or sleeping.1

As you can imagine if you don’t already know, this law is certainly never enforced against anyone who’s not homeless. We’ve seen, e.g., how Hurricane Kerry Morrison, killer queen of the Hollywood Property Owners Alliance, can confess publicly to violating it with no consequences. There are many, many such instances. But maybe you’ve noticed the loophole? You can be sure that, as many homeless people as the LAPD’s able to arrest for violating LAMC 41.18(d), there are surely far, far too many who get away unarrested because they’re standing or walking. As long, that is, as they’re not sleepwalking or sleepstanding. Then they can still be arrested.

This is an important unsolved problem in the criminalization of homelessness, at least from the point of view of the criminalizers. That is to say, how can they illegalize not just most, but actually all positions that a homeless body can be in? They have evidently had their finest legal minds working on it, and it turns out that Downtown neighborhood prosecutor Kurt Knecht, has come up with a legal theory on which homeless people can be arrested for standing or walking as well as sitting or lying as long as they’re doing it in an alley that’s open to cars. It’s only a partial solution, to be sure, but it seems to be a new addition to the criminalization toolkit.

The context is found in this September 2017 email from Knecht to LAPD captains Marc Reina and Timothy Harrelson about a homeless encampment in an alley in the 700 block of South Hill Street:2
Continue reading Everyone Knows That LAMC 41.18(d) Outlaws Sitting Or Lying On A Sidewalk Or Street — At Least If You’re Homeless — But Did You Know That It’s Also Illegal Even To Stand Or Walk In An Alley? — At Least If You’re Homeless — Downtown Neighborhood Prosecutor Kurt Knecht Explains The Whole Thing To The LAPD — Who Aren’t Just Abstractly Interested In Legal Principles That Can’t Be Weaponized — And Clearly This One Can

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HPOA Meter-Feeding Enforcement Tantrum Spirals Upwards to Conceptual Exploration of Rewriting Major Parts of Long-Settled City, State Law to Allow Kerry Morrison to Attack Food Trucks More Effectively

Bruce Gillman, LADOT Executive Officer for Communications.
Bruce Gillman, LADOT Executive Officer for Communications.
Last month we reported on a fascinating situation wherein Hollywood Property Owners Alliance Board member Evan Kaizer didn’t understand the parking laws of the City he purports to be a citizen of, got himself a ticket on Hollywood Boulevard, and instead of just sucking it up and trying, in the future, to follow the freaking parking laws like everyone else he got Kerry Morrison to email freaking Seleta Reynolds, top turtle over at the Los Angeles Department of Transportation1 hinting around that NO FAIR!!

Well, the ticket didn’t get fixed,2 but Kerry Morrison, being the politically adept Machiavellianess that she is, began the process of straw-into-gold spinning for which she’s (justly?) famous when she asked Bruce Gillman, LADOT Communications Boss, about why didn’t food trucks, which, for some reason that we’re sure is clear to her and her theraputic team, she hates with a hatred that surpasseth understanding, get bunches of tickets for parking in the same place all day cause that’s also NO FAIR!!3 That all went down in March, but in his inimitably dogged manner, our faithful correspondent has continued to investigate, and he’s turned up a couple more emails on the subject. In particular, on June 20, 2016, a mere five days ago, Bruce Gillman wrote to Kerry Morrison, saying:

FYI: Regarding the issue of citing food trucks more often, or `escalating fines’ for repeat offender, the LAMC and CA CVC would have to be amended, as they limit citations for vehicles to one ticket per offense, per day. Looping in our Chief and Deputy Chief of Parking Enforcement: Greg Savelli and Brian Hale respectively.

Continue reading HPOA Meter-Feeding Enforcement Tantrum Spirals Upwards to Conceptual Exploration of Rewriting Major Parts of Long-Settled City, State Law to Allow Kerry Morrison to Attack Food Trucks More Effectively

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