Last month Judge Dean Pregerson heard oral arguments on the City’s motion to dismiss this suit, filed by the Venice Justice Committee against the City of Los Angeles in opposition to its ham-fisted attempts to regulate speech on the Venice Boardwalk. Today he filed his order denying the motion to dismiss in part and granting it in part as well. Pregerson’s a lively writer, and the order makes interesting reading. There are three main issues addressed in the order.
First up, the City regulates vending on the Boardwalk in various ways, but contains an exception for soliciting donations and other activities protected by the First Amendment. Plaintiff Peggy Lee Kennedy was evidently told on a couple of occasions by LAPD officers that asking for donations was vending and that she had to stop or face arrest. Everyone agrees that these cops were in the wrong, but the question before the Court seems to have been whether the law “as applied” was unconstitutional. Pregerson found that it was not, and accordingly dismissed the parts of the complaint that had to do with that claim.
Second,1 the Plaintiffs made claims under the Bane Act, which allows people to sue if their constitutional rights were violated maliciously. Pregerson found that even assuming that the Plaintiffs’ constitutional rights were violated, they weren’t violated maliciously. I’m skipping some details, but that’s essentially why he also dismissed this cause of action.
As tragic as the demise of Venice has been to watch over the last five years or so, it turns out that she still has some life in her. If anyone had asked me five years ago which neighborhood of Los Angeles might successfully oppose a BID, I would have said Venice without even having to think about it. But the last half-decade, what with sociopathic techbros of both sexes in possession of orders of magnitude more money than sense buying every sliver of land in sight and thereby running the prices up into the stratosphere even as they’re hogging the waves with their irremediably Barneyfied GoPro equipped styrofoam surfboards, zillionaires remodeling the canals into a nightmare AirBnB horror show, stupid fucking restaurants that…evidently leave me speechless, all this had driven me into what I thought was an inescapable well of cynical despair with respect to the fate of this dearest of all areas of our City.
Well, tonight the Clerk’s office placed a petition with 169 signatures of Venice residents opposing the formation of a BID there and, just like that, my hope in Venice is restored! They oppose it articulately, wisely, and for all the right reasons, too:
We, the undersigned, oppose the establishment of a Venice Beach Business Improvement District (BID). We believe in public control of public resources and oppose the privatization of those resources. We support renters’ rights, both for residential and commercial renters, and oppose taxation without representation. BIDs impose taxes that renters often pay, but which landlords decide upon. BID private security forces have a track record of infringing on the rights of our lowest-income neighbors, especially those people who are unhoused. We oppose private security fources controlled exclusively by commercial and industrial interests when their impact will affect the entire community, especially those disenfranchised from BID governance.
I didn’t mention it at the time, but in February of this year, the heroic Carol Sobel filed suit on behalf of American heroine Peggy Lee Kennedy and the Venice Justice Committee against the City of Los Angeles for yet another set of bullshit shenanigans at the beach, this time to do with the LAPD arresting people for handing out pamplets while seated at a table after sunset in a “Designated space.”1 At that time I started collecting the documents from PACER and putting them in a directory here but I didn’t write a post or even put a page in the menu structure for it (although I have done so now), because it’s a little off-topic. Anyway, today the City of Los Angeles filed a motion to dismiss and it made me so mad I thought I’d initiate some coverage here. I’m still too mad to explain why I’m mad, but at some point in the future I’ll actually discuss the substance of the case. No mainstream media seems to be covering this matter, and even the Beachhead doesn’t have much, so I guess it must be up to me. More reasons after the break. Continue reading Venice Justice Committee v. City of Los Angeles→