Tag Archives: Wilcox Avenue

Analysis of Public Urination Arrest Reports Reveals BID Patrol Ignorance of Meaning of Word “Public,” Illuminates Importance of Rule of Law in a Free Society

Public urine in Hollywood belongs in a public restroom.  But what counts as public?
Public urine in Hollywood belongs in a public restroom. But what counts as public?
While poking around BID Patrol arrest reports recently obtained from the HPOA by our faithful correspondent, we noticed a weird, repetitive quirk in the ones relating to LAMC 41.47.2, which forbids public urination. The arresting security guards uniformly either ask their victim if he or she knew of the existence of public restrooms close by or else they note in their report that there were public restrooms close by. Now, whenever one finds this kind of textual consistency in police reports it’s possible to be sure of two things. First, there’s some element of the crime that they’re trying to make sure is definitely established. Second, that they’re probably lying. In this case, it was hard to see what element might be related to the proximity of public restrooms. The law doesn’t mention them, and is not subtle in the least:

No person shall urinate or defecate in or upon any public street, sidewalk, alley, plaza, beach, park, public building or other publicly maintained facility or place, or in any place open to the public or exposed to public view, except when using a urinal, toilet or commode located in a restroom, or when using a portable or temporary toilet or other facility designed for the sanitary disposal of human waste and which is enclosed from public view.

But a little googling revealed the explanation, among other interesting things. First, public urination wasn’t against the law in the city of Los Angeles until 2003. We’re guessing that there was no pressing need to make it so because vagrancy laws could be used against public urinators as desired until they were definitively destroyed in 1983.1 So maybe outlawing public urination wasn’t as urgent as, e.g., squashing drinking beer in the park (which was outlawed in LA only in 1983) and also, the LA Times suggested that previously public urinators were charged with littering, but that the City Attorney decided that that was bogus. In any case, the Council file on the matter shows, surprisingly, that it took more than four years to get the prohibition passed into law. There doesn’t seem to have been any public discussion of the matter before it passed, either, although it may be just that the online materials from that long ago are fragmentary.

Second, the LA Times article quoted the objections of members of the Los Angeles Community Action Network and other homeless advocates to a law which criminalized essential bodily functions of the homeless, and in response, after the law was passed, according to the Times, “Council members pledged that people would be prosecuted only in cases when there is a public toilet nearby that they failed to use.” So this is why, no doubt, the BID Patrol feels that it has to note the locations of nearby “public” restrooms in its arrest reports. Their weirdo interpretation of the meaning of “public” also shows why it’s necessary to put things like the “public restrooms available” pledge in the law itself. Actually, once the law is passed, it doesn’t matter what Councilmembers say they meant it to mean, it only matters what it says. This is how the rule of law works in a free society. Also, isn’t it very suspicious but unfortunately not surprising that they put the fuzzy-wuzzy warmsy-hugsy interpretation of the law in the paper but not in the statute books?

And that’s not the worst thing about this nonsense. Even if the City Council intended the law to be enforced this way, even if the freaking Mayor ordered the LAPD only to enforce the law this way, none of that would reign in the BID Patrol. They are essentially beyond the control of public policy and beholden only to the written letter of the law.2 As we’ve discussed before, according to LAPD Commander Andrew Smith, if a citizen’s arrest is made, the LAPD must accept custody of the arrestee even if the arrest was made contrary to public policy.

We look at some specific examples after the break, and also provide links to all mentions of the words “public” and “restroom” in both the 2007 and the 2013 BID Patrol arrest reports so you can see for yourself what’s going on.
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Ever-Delusional BID’s Targeting of Homeless Alcohol Use, Impunitizing Scofflaw Liquor Dealers, Denial of Laws of Nature, Continues, with Complicity, Connivance of City Attorney’s Office, Apace

Pla-Boy Liquors at the corner of Yucca Street and Wilcox Avenue, as it appeared on July 30, 2015.
Pla-Boy Liquors at the corner of Yucca Street and Wilcox Avenue, as it appeared on July 30, 2015. On that date, 200 ml bottles of Crystal Palace vodka were on sale for $2.43, which is 22¢ cheaper than in 2014 according to Kerry Morrison.

Today’s post concerns a series of emails between Kerry Morrison and two Hollywood Neighborhood Prosecutors in 2014. These are part of a larger set of emails which we published some time ago. The BID, of course, is paranoiacally hyperphobic about drinking in public by the homeless, even as they celebrate, revel in, and sing hosanna in the highest to the use, misuse, abuse, of alcohol, even in public, when done by the non-homeless population of Hollywood. That’s not news. What is news is the weirdly obsessive length that newly-appointed-in-2014 Hollywood Neighborhood Prosecutor Jackie Lawson turned out to be willing to go to to accomodate Kerry Morrison’s paranoid hyperphobias. There’s a lot of background here, so please bear with us.
Andre Quintero, who preceded Jackie Lawson as the Hollywood Neighborhood Prosecutor and is now, amongst other things, the mayor of El Monte.  Either he's not so prone to BID-bootlicking as his successor or he has the sense not to do it in writing.
Andre Quintero, who preceded Jackie Lawson as the Hollywood Neighborhood Prosecutor and is now, amongst other things, the mayor of El Monte. Either he’s not so prone to BID-bootlicking and dereliction of duty as is his successor or else he has the sense not to do it in writing. He’s that’s-for-damn-sure not popular with his city council out there in the Far East, though.

The documented part of our story begins on January 28, 2014,1 with an email from Kerry Morrison to then-Hollywood-Neighborhood-Prosecutor Andre Quintero, inviting him to a BID-sponsored summit meeting the purported motive for which was “[t]o reduce the incidence of daytime public drunkenness in the Hollywood Entertainment Disctrict and Sunset & Vine BID.” In particular, Kerry calls Andre’s attention to item 4, asking that he “maybe … could be prepared to share some background on” “…laws governing alcohol sales and alcohol use.” Note well that there’s no word out of Andre regarding any of this. And the rest of the agenda is worth reading, but there’s nothing there, really, beyond the usual paranoid ravings about panhandlers and public inebriation with which we’re so familiar.

Things began to take an interesting turn in March, though. That’s when Kerry Morrison, unconstrained by any Institutional Review Board, by any ethical guidelines for the use of human subjects, by any standards, professional or amateur, by any method, scientific or humane, by any laws, human or divine, written or unwritten, criminal or civil, announced yet another experiment in the social-laboratory-for-the-criminalization-of-homelessness gestalt-slash-weltanschauung that the HPOA has overlain upon our beloved Hollywood in its 20 years of madcap malcriado misrule.2
Continue reading Ever-Delusional BID’s Targeting of Homeless Alcohol Use, Impunitizing Scofflaw Liquor Dealers, Denial of Laws of Nature, Continues, with Complicity, Connivance of City Attorney’s Office, Apace