Tag Archives: Ninth Circuit Court of Appeals

City Of PVE Argues That They Put Many Cops On Anti-Bay-Boy Patrol, Tying Up Resources And Allowing Criminals From South Central LA To Commence Unprecedented “Burglary Spree” — Residents Complained But Kepley Kept Cops On Bay Anyway, Which Is How Seriously He Took It. Therefore, Your Honor, Please Dismiss The Damn Case! Also 9th Circuit Won’t Hear Interlocutory Appeal On Class Action Certification

For background take a look at this excellent article from the Times on this lawsuit. Also see here to download all pleadings in this case.

Today the City of Palos Verdes Estates and its police chief, Jeff Kepley who, along with the Lunada Bay Boys themselves, are defendants in the monumental anti-localism case brought by Cory Spencer and his co-plaintiffs, filed a massive slew of papers with the court. The main item is this motion for summary judgment, asking the judge to obliterate the case against PVE and Kepley.

The rest of the paper filed consists of various exhibits and proposed orders in support of this motion, and is extremely interesting as it contains huge selections from the depositions of Cory Spencer and Diana Reed. There are links to all the new stuff after the break along with brief descriptions. There is presently a hearing on this motion scheduled for August 21, 2017, at 10:00 a.m in James Otero’s courtroom 10C in the First Street Federal Courthouse.

The merits of the motion are beyond my amateurish capacity to discuss, although they make interesting reading if you’re so inclined. The main argument seems to be that the plaintiffs didn’t really suffer any harm, and the City didn’t have a duty to do anything more than what they did to protect them. Also, the following freakish little argument did catch my eye. My general feeling is that the appearance of “gang-affiliated criminal groups from south Los Angeles” in government-generated discourse is irrefutable evidence that they’re lying. But judge for yourself:

A number of the above-described events (as well as Plaintiff Spencer and Reed’s alleged incidents discussed under the factual background above) took place during a time the City was experiencing a substantial increase in residential burglaries by organized gangs or gang-affiliated criminal group from south Los Angeles. It is typical for the City to have zero to three burglaries per month, but in December 2015 the City experienced 20 to 25 burglaries. In fact, a number of residents complained about the amount of law enforcement resources allocated toward patrolling Lunada Bay, as well as the tough stance Chief Kepley took against local surfers harassing or intimidating other surfers. Nonetheless, the City directed law enforcement resources to ensuring access to Lunada Bay and preventing harassment. Chief Kepley opined that given so few incidents at Lunada Bay and the burglary spree in the City that the Police Department efforts were appropriate and reasonable in scope and size.

Also, you may recall that in March the plaintiffs asked the Ninth Circuit Court of Appeals for permission to file a motion asking them to overturn Judge Otero’s decision to deny certification as a class action. I didn’t hear about it at the time, but one of the exhibits filed today is the Ninth Circuit’s denial of the request for permission to appeal. Anyway, turn the page for links to and brief descriptions of all the new paper filed today.
Continue reading City Of PVE Argues That They Put Many Cops On Anti-Bay-Boy Patrol, Tying Up Resources And Allowing Criminals From South Central LA To Commence Unprecedented “Burglary Spree” — Residents Complained But Kepley Kept Cops On Bay Anyway, Which Is How Seriously He Took It. Therefore, Your Honor, Please Dismiss The Damn Case! Also 9th Circuit Won’t Hear Interlocutory Appeal On Class Action Certification

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Taking It To The Fricking Ninth Circuit: In Petition Filed Today Lunada Bay Boys Plaintiffs Ask Permission To Appeal Denial Of Class Certification! Judge Otero’s Many Manifest Errors Enumerated!! The Argument In One Sentence: “Absent an appeal, anarchy remains.”

… by making multiple manifest legal errors … the District Court denied Petitioners’ motion for class certification.
A little more than two weeks ago, federal district court judge James Otero denied class certification in the Lunada Bay Boys case, turning it into a merely personal dispute between a bunch of thuggish zillionaire surf-localist gangbangers and the few surfers brave enough to put their names on the case. Today, the plaintiffs filed a petition with the Ninth Circuit Court of Appeals asking for permission to appeal Otero’s decision immediately, rather than, I guess, waiting until the whole case is done, which is probably the more normal time to appeal. This is a so-called interlocutory appeal, in other words, which is made before the case which gives rise to it is settled. Obviously it would cause chaos if lawyers were allowed to appeal every random decision a lower court judge made while the actual case was proceeding, which is probably why it’s necessary to (a) ask the Ninth Circuit for permission to appeal and (b) to argue that the case will suffer “irreparable harm” if the appeal of the given order, in this case denial of class certification, isn’t allowed to proceed while the underlying case is ongoing. The basic argument seems to be this:

Californians have a constitutional right to access their public beaches. Accordingly, Petitioners ask this Court for the opportunity to appeal now, so that their motion for class certification can be given proper consideration under the correct interpretation of rule 23. As this Court has recognized, there is no reason for a plaintiff to litigate to finality “when a certification decision is erroneous and inevitably will be overturned.”

Most of this petition is far too technical for any discourse that I might construct upon it to be profitable for anyone, but the introduction is quite comprehensible and quite stirring. Turn the page to read that. Also, it’s worth reading the summary of the many points where Otero seemingly ignored the expertise of the plaintiffs’ witnesses, but I’m not reproducing that for technical reasons. You can find it, along with the nitty gritty technical nerdview, by reading the petition your own self, friend!
Continue reading Taking It To The Fricking Ninth Circuit: In Petition Filed Today Lunada Bay Boys Plaintiffs Ask Permission To Appeal Denial Of Class Certification! Judge Otero’s Many Manifest Errors Enumerated!! The Argument In One Sentence: “Absent an appeal, anarchy remains.”

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Council Votes to Repeal Unconstitutional Street Sleeping Ordinance, Which Maybe Has Implications For BID Security Registration with Police Commission

Your civil liberties at work.
Your civil liberties at work.
Today the LA City Council repealed LAMC 85.02, which prohibited sleeping in cars, and which the Ninth Circuit found to be unconstitutional in 2014 (even though the BID Patrol never seems to have gotten the message). The Council File is here, and the most interesting part is the the City Attorney’s report explaining why they ought to repeal the law.

Here’s a possibly wack but superficially plausible theory of why this situation might lend independent support to the idea that BID security actually ought to register with the Police Commission.
Continue reading Council Votes to Repeal Unconstitutional Street Sleeping Ordinance, Which Maybe Has Implications For BID Security Registration with Police Commission

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City of Los Angeles to Pay Almost a Million Dollars, Half to Carol Sobel, in Lavan Case and also Pete White and Hamid Khan v. City of LA

Carol Sobel (on right) is making a good living forcing the City of Los Angeles to pay for its nasty addiction to tormenting the homeless.  Have they hit bottom yet?  It doesn't look like it.
Carol Sobel (on right) is making a good living forcing the City of Los Angeles to pay for its nasty addiction to tormenting the homeless. Have they hit bottom yet? It doesn’t look like it.
According to an excellent article in yesterday’s Times by the incomparable Emily Alpert Reyes, the City Council agreed to pay out $947,000 in settlements in two cases brought by civil rights lawyer Carol Sobel. The article didn’t have much detail on either the cases or where the money was going, so I thought I’d fill some of it in here.

The first case is Lavan v. City of Los Angeles. I reported last December that this case seemed to be nearing settlement, and there was more news on this in March. Well, yesterday the Council approved Motion 16-0397, which authorizes the payment of $322,000 to Carol Sobel in legal fees and $500,000 for other purposes which aren’t clear from the motion. Nothing has hit PACER yet, so I don’t know how to get the rest of the story, but you’ll see it here as soon as I get some. You may want to subscribe to the Council file to keep up to date.

The second case is really interesting, and I haven’t written on it before. Evidently, in 2005 the Central City East Association began sponsoring tours of Skid Row for “…public officials, law enforcement, members of the judiciary, students, academics, local business owners, social service providers, and the media” so they can “…see for themselves and learn about the challenges, not through a windshield, but from the experience of walking through [Skid Row] and interacting with social service representatives, police, residents and business owners.”1 (Here is the 9th Circuit opinion on which this summary is based).
Continue reading City of Los Angeles to Pay Almost a Million Dollars, Half to Carol Sobel, in Lavan Case and also Pete White and Hamid Khan v. City of LA

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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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A Flurry of Filings in Mitchell et al. v. City of LA et al. Suggests that Homeless Advocates May be Trying to have City Enjoined from Enforcing Newly Amended LAMC 56.11

California-centralMitchell v. Los Angeles, the latest in a series of suits filed by homeless people who’ve had their property illegally confiscated by the City (see Gale Holland’s recent article for an excellent summary) took an interesting turn today, when a flurry of filings hit PACER. First of all, the plaintiffs asked the court for a preliminary injunction and a temporary restraining order enjoining the City from confiscating their property while the case is on. They filed a huge number of declarations and other evidence in support of this application, many although not all of which can be found on our page dedicated to the case. The City asked for extra time to respond and the court granted them some.
Continue reading A Flurry of Filings in Mitchell et al. v. City of LA et al. Suggests that Homeless Advocates May be Trying to have City Enjoined from Enforcing Newly Amended LAMC 56.11

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Senior Lead Hollywood Cop Julie Nony on the Psychology of Homelessness and its Discontents: “The homeless are a lot like kids in a way” and LAPD Interactions with them “might seem strange and ugly at first.”

Julie Nony and Andrews International security boss Steve Seyler during happier times.
Julie Nony and Andrews International security boss Steve Seyler during happier times.
Those are actual quotes in the headline. They come from this email chain between bunches of people in the Media District BID, LAPD Hollywood Division Senior Lead Officer Julie Nony, and Dan Halden of CD13. Here’s more of the context, but you’ll have to read the whole thing to believe it. Chie Kobayashi, of yet another incomprehensible new media post-production outfit on Lillian Way between Santa Monica Blvd. and Melrose, wrote to Julie to complain in detail about homeless people. Julie wrote back:

We really need to get every business on the same page so this doesn’t continue to happen. It might seem strange and ugly at first but if you are new to the area and don’t know how things operate, this can get really out of hand. I will be out for the rest of the week, so I can not personally be there. Please call our front desk number if you should need to have a police unit come out (213-972-2971/2972/2973).

And of course call the B.I.D. first to see if they can handle it. The homeless are a lot like kids in a way. If we warn them and there is no follow through (like we did with the encampment) then they will test us and do what they can get away with. I would like to have a meeting with you, Vince Clothing, Red Studios, Milk, School PD, B.I.D., Vine Street Elementary and your neighbors just north of you. And whoever else you can think of. Lets [sic] all get together and share in the responsibility of keeping this area clean. Thank you!

Julie

We’re not sure where to start with this. We might note that it’s probably true that if kids get warned and there’s no follow through then they’ll test limits. But it’s not true because they’re kids, it’s true because they’re human. The instinct for testing limits is responsible for all human progress and is necessary for human survival.1 We might note that if your methods seem “strange and ugly at first…if you are new to the area” then there’s a reasonable chance that they are in fact strange and ugly. And their methods are very strange and very ugly. We’re not even new to the area and we think they’re strange and ugly. Some of us have grandparents who moved to Hollywood in 1908. Some of us have spent more than half a century in and around Hollywood. And yet we think the methods Julie’s talking about are strange and ugly.

The email reproduced above was in response to the following from Chie Kobayashi:
Continue reading Senior Lead Hollywood Cop Julie Nony on the Psychology of Homelessness and its Discontents: “The homeless are a lot like kids in a way” and LAPD Interactions with them “might seem strange and ugly at first.”

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30 Year Police Veteran Longs for the Good Old Days of Beating, Killing, Perjury, Free Cocaine, Doing the Job Without Being Undermined by Governments, Second-Guessed by Whiny Baby Liberals

We didn't catch this guy's name, but we sure did catch his white privilege rage rant...
We didn’t catch this guy’s name, but we sure did catch his white privilege boo-hoo-hoo swelling violins rage rant pity party nostalgia speech…
We’ve written before about the cataclysmic flood of white privilege rage rants unleashed by Fabio Conti’s cri de coeur for the BID Patrol to stop coddling the homeless and start, we don’t know, killing them or whatever it takes to get them out of Hollywood, and the present post concerns yet another boulder in that avalanche of angst. We’re going to comment on the unnamed white privilege rage ranter’s rant (you can see the fellow’s picture somewhere in the vicinity of this sentence) one line at a time. You can read his whole speech after the break and watch it here if you’re so inclined.

…our effort to clean up the neighborhood is kinda like salmon swimming upstream.

No. First of all, salmon swimming upstream are beautiful, delicious, and nutritious. You people in the BID are none of these things. Second, you’re not trying to “clean up the neighborhood,” you’re trying to ethnically cleanse the neighborhood.

Salmon swimming upstream are beautiful, nutritious, and delicious.  The BID Patrol is none of these things, izzit?
Salmon swimming upstream are beautiful, nutritious, and delicious. The BID Patrol is none of these things, innit?
One is at least plausibly laudable. The other is a violation of the United Nations Convention on the Prevention and Punishment of the Crime of Genocide. Also, your metaphor is deeply flawed. Salmon like swimming upstream. It’s what they’re born to do. It’s the crowning glory of their lives. They surely, if they could speak, wouldn’t be whining about it.

You know, we have the state and the city working against us by allowing people to sleep on the sidewalk, you know, all night long, because it’s the humane thing to do.

No. The state and the city are not allowing anyone to sleep on the sidewalk because it’s humane. The state doesn’t have the first thing to do with municipal laws and the city has been FORCED by the United States Court of Appeals for the Ninth Circuit in its landmark decision Jones v. City of Los Angeles, where it found that the city’s law against sitting on the sidewalk, LAMC 41.18(d), violates the Eighth Amendment to the United States Constitution. That is, it’s the Constitution of the United States that allows people to sleep on the sidewalk, Mr. Unnamed white privilege rage ranter. The city of Los Angeles fought this case every step of the way, and Charlie Beck and presumably other city officials can’t wait to start enforcing it again as soon as the terms of the settlement are met. By the way, your use of the word humane here is infelicitous; as Albert Einstein once said,1 sarcasm is the language of the Devil. Note that we’re skipping some of the technicalities of the Jones case here, but the simplified outline is true enough.
Continue reading 30 Year Police Veteran Longs for the Good Old Days of Beating, Killing, Perjury, Free Cocaine, Doing the Job Without Being Undermined by Governments, Second-Guessed by Whiny Baby Liberals

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Charlie Beck Explains the Real Purpose of LAHSA’s Homeless Count: It Will Allow LAPD to Resume Mass Incarceration of Homeless

Charlie Beck at March 19, 2015 meeting of the Hollywood Property Owners Alliance, just prior to explaining that the biennial homeless count is gonna let the LAPD start arresting the homeless en masse like God intends them to do
Charlie Beck at March 19, 2015 meeting of the Hollywood Property Owners Alliance, just prior to explaining how LAHSA’s biennial homeless count is gonna let the LAPD start arresting the homeless en masse like God intends them to do
The Los Angeles Homeless Services Authority (LAHSA), whose chair is none other than HPOA Executive Directrix Kerry Morrison, sponsors a biennial count of the homeless population of Los Angeles. And what is the purpose of this massive volunteer effort? Well, according to LAHSA, it’s to “[m]ake a difference in the lives of homeless men, women, and children throughout Los Angeles County.” That turns out to be quite accurate. The homeless count will eventually make a huge difference in the lives of the homeless of Los Angeles.

According to LAHSA executive director Peter Lynn, quoted in a January 2015 press release:

Peter Lynn, human being experiencing executive-directorship of LAHSA and person duly utilizing person-first language when publicly misrepresenting the motives behind the homeless count

The 2015 Greater Los Angeles Homeless Count is a critical opportunity to gain information about the size and scope of the challenge we face to house community residents experiencing homelessness. We use this information to better target our homeless service resources. Volunteers will make a difference in their community, and the lives of their homeless neighbors, by committing four hours of their time.

Now, doesn’t that just sound warm and fuzzy, but what the heck does it really mean? Well, thanks to an unexpected visit to the March 19, 2015, HPOA Board meeting by Charlie Beck, LAPD capo di tutti capi, we have an explanation for you (hint: when Peter says “better target our homeless” that’s exactly what he means).
Continue reading Charlie Beck Explains the Real Purpose of LAHSA’s Homeless Count: It Will Allow LAPD to Resume Mass Incarceration of Homeless

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BID Patrol Directive Orders Unconstitutional Coercion of Hollywood Homeless for Sake of Social Cleansing

Donuts: The fuel of terrorism.  BID Patrol Officers in Vine Street Winchell's taking a break from strongarming the homeless into leaving the streets of Hollywood.
Donuts: The fuel of terrorism. BID Patrol Officers in Vine Street Winchell’s taking a break from strongarming the homeless into leaving the streets of Hollywood.
Amongst the emails between Andrews International Security and the HPOA recently obtained by our correspondent, we find a document entitled ANDREWS INTERNATIONAL BID HOMELESS PERSON DIRECTIVE. You can download a copy here or find an embedded copy after the break. There is much of interest in this document, but today we’re looking at the following bit:


If a BID Officer observes a person who, because of their homelessness commits one of the following misdemeanors:

  1. Obstructing passage on sidewalks
  2. Living or sleeping in a vehicle
  3. Loitering in a restroom
  4. Littering
  5. Use of facilities, e.g., sleeping on a bus bench for other than intended purpose
  6. Public nudity as is necessary to carry on the daily necessities of life
  7. Building a structure in a park or public right-of-way
  8. Trespass on or in public or private property

The Officer may offer such individual(s) the option of going to an available shelter in the surrounding Hollywood community as an alternative to arrest. If the homeless person accepts the offer of assistance, no arrest shall take place and arrangements shall be made to transport the homeless person to the shelter.

This was legal in 1942 and, by God, it's legal now.
This was legal in 1942 and, by God, it’s legal now.

Pass over the dyslexic parrot-like legalese. Pass over the semiliterate, unparseable sentences. Pass over the absolutely unintelligible yet still horrific phrase “sleeping on a bus bench for other than intended purpose.” Consider for now just the fact that in June 2014, five months before the date on this document, the Ninth Circuit Court of Appeals found LA’s law against sleeping in vehicles to be unconstitutional.

So Andrews International Security, with the full knowledge and consent of the Hollywood Property Owners Alliance, has directed its officers to give homeless people sleeping in their cars a choice between arrest or coerced relocation to a homeless shelter. This, despite the fact that common sense, human decency, and the goddamned Ninth Circuit all agree that people have a constitutional right to sleep in their cars, whether or not it’s “because of their homelessness.”
Continue reading BID Patrol Directive Orders Unconstitutional Coercion of Hollywood Homeless for Sake of Social Cleansing

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