2008 Selma Park Arrest Reports (and more) Now Available

BID Patrol officer Robert E. Reyes (badge #117, on left) illegally arrested a man in Selma Park in 2008.
BID Patrol officer Robert E. Reyes (badge #117, on left) illegally arrested a man in Selma Park in 2008.
We’ve been writing for 6 months now about how the HPOA put up phony signs in Selma Park in Hollywood (illegally) declaring it off-limits to adults unaccompanied by children and how the BID Patrol spent the next eight years falsely arresting people and ejecting them from the park, until we got the signs taken down by the City in September 2015. Kerry Morrison told our faithful correspondent that “A/I says that after looking into this, it is unlikely that any arrests ever were made by A/I in Selma Park with specific regard to the signs and penal code section you recite (as opposed to public urination, drinking, and other reasons)…”
Man arrested in 2008 for being in Selma Park without a child.
Man arrested in 2008 for being in Selma Park without a child.
Well, we’ve been receiving the BID Patrol’s arrest reports and daily activity logs for a while now, and recently we obtained the complete 2008 set (arrests here and daily logs here). We’ve known that Kerry’s claim was wrong for a while now (e.g. see here) and the 2008 materials provide even more evidence that she was misled by Andrews International1regarding their course of conduct in illegally arresting multiple people in the park over the years.

Note that none, not one, of the following people appears on the list of cases originating at Selma Park that our correspondent obtained from the City Attorney’s office. Keep that in mind while you read the arrest reports. They didn’t even have enough of a case to be referred for prosecution. Read on for specifics.
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Stop LAPD Spying CPRA Case Trial Setting Conference Continued Until April 7, 2016

slsc.logoPlaintiff Stop LAPD Spying Coalition and respondent City of Los Angeles agreed in a stipulation filed with LA County Superior Court on March 3, 2016, to continue the trial setting conference, originally scheduled for March 7, 2016, until April 7, 2016. The reasons given in the order (with attendant whereases) include:

WHEREAS, after filing of the complaint, the Respondent has produced two sets of responsive documents to Petitioners and continues to search for responsive documents;

WHEREAS, the parties are engaged in ongoing informal discussions about further production…

It’s my impression that if filing a suit encourages the respondent to cough up the goodies then they’re still on the hook for the court costs and attorney’s fees. So it’s fitting and proper that the City is producing documents and talking to the plaintiffs, but they would have saved everyone a lot of time and trouble but just following the law in the first place.

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BID Patrol Prosecution/Arrest Ratio Very Low as Shown by Top Arrestees 2007-2013: From 44 Frequently Arrested People with 1144 Arrests, 407 Brought to City Attorney, Only 185 Actually Prosecuted

Mike Feuer's office evidently exercises more prosecutorial discretion than average, at least when it comes to the BID Patrol, which may not be saying much...
Mike Feuer’s office evidently exercises more prosecutorial discretion than average, at least when it comes to the BID Patrol, which may not be saying much…
I recently obtained a 2013 list of people most arrested by the BID Patrol beginning in 2007. Since Kerry Morrison has told me2 that neither the HPOA nor Andrews International tracks outcomes of arrests made by the BID Patrol, I asked the City Attorney to run a report on all cases involving these people sent to them for prosecution.3 I subsequently tallied up the arrests and the referrals for the time period by hand4 and it turns out that the vast majority of cases involving BID Patrol arrests are not even referred for prosecution, and among those that are, over half are rejected. The data is incomplete and subject to some interpretation, but it appears that less than 20% of these cases are actually prosecuted.5 In particular, there are 1144 arrests of these 44 people between 2007 and 2013. Of these, no more than 407 (35.6%) were referred for prosecution. Of those cases, 222 were rejected for various reasons and the rest seem to have been prosecuted.

This is an astonishingly low rate if one thinks that the purpose of arresting people is to stop them from breaking the law, and it’s harmful both to the people arrested and to society at large. The incomparable Alexandra Napatoff, writing about misdemeanor convictions (although her argument is as strong regarding the arrests themselves, and even more so if the conviction rate is so very low), puts it like this;

Because the misdemeanor world is so large, its cultural disregard for evidence and innocence has pervasive ripple effects, not the least of which is the cynical lesson in civics that it teaches millions of Americans every year. In these ways, the misdemeanor process has become an influential gateway, sweeping up innocent as well as guilty on a massive scale and fundamentally shaping not only the ways we produce criminal convictions but also who is likely to sustain them.
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Zarcone Transferred from Hollywood to 77th Street Division, Late-Night BID Patrol Hours Torpedoed. Steve Seyler: “It Sort of Took us Off Our Mission…”

Steve Seyler at the March 8, 2016 CHC Board meeting, announcing that there will be no late-night BID Patrol.
Steve Seyler at the March 8, 2016 CHC Board meeting, announcing that there will be no late-night BID Patrol.
Recall that, at its Board meeting on February 18, 2016, the Hollywood Property Owners Alliance spent over 40 minutes discussing LAPD’s request to have the BID Patrol work until 4 a.m. on weekends. Andrews International VP Bill Farrar recounted a meeting with CD13 representative Mitch O’Farrell, claiming that the CM was eager to cover the costs. This led me to write to O’Farrell opposing this plan. Now, at the Central Hollywood Coalition Board meeting that took place on Tuesday, March 8, Steve Seyler and Kerry Morrison announced that, not only are the plans to extend the BID Patrol’s hours cancelled, but Peter Zarcone, formerly CO of LAPD’s Hollywood Division, has been transferred to 77th Street.
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In 2007 the BID Patrol Steered Homeless Sidewalk Sleepers to Selma Park to Avoid Arrest Until December 19 When the Signs Were Up

Selma Park from the side of freedom; the inside.  Or, as Woody had it: As I went walking I saw a sign there And on the sign it said "No Trespassing." But on the other side it didn't say nothing, That side was made for you and me.
Selma Park from the side of freedom; the inside:

As I went walking I saw a sign there
And on the sign it said “No Trespassing.”
But on the other side it didn’t say nothing,
That side was made for you and me.

Late last week I obtained copies of the BID Patrol’s 2007 arrest reports and daily logs, and they shed some interesting light on the early days of the whole Selma Park fiasco. First of all, Footbeat 2’s log for December 19, 2007 reveals that the BID’s fake signs went up on or before that day:

1345/1355
EXTRA PATROL: 6765 SELMA AVE; SELMA PARK. CHECKED LOCATION FOR VIOLATORS OF NEW SIGNS POSTED PROHIBITING ADULTS WITHOUT CHILDREN AT PARK. NOTE 3 (H) MALES IN PARK IN VIOLATION AND ADVISED RE: NEW POSTED SIGNS. SUSPECTS DEPARTED WITHOUT INCIDENT.

Interestingly, this was foreshadowed as early as September, 2007. For instance, we find in the Footbeat 4 log for September 27, 2007 that OFFICERS CONTACTED SEVERAL HOMELESS RE: ISSUES IN THE PARK AND SURROUNDING AREA. WE ADVISED THE SUBJECTS RE: THE POSSIBILITY OF THE PARK BEING FOR CHILDREN ONLY. (END 1830 HOURS).

But the really unexpected fact I found in this material is that before the signs went up the BID Patrol actually encouraged homeless people to sleep in the park rather than on the sidewalk, where they were subject to arrest for violating LAMC 41.18(d). Now, this would certainly make sense in a sane world, since it was (and is) legal to sleep in the park, but not on the sidewalk. However, given the bitching and moaning that the BID put up about park-sleeping and the illegal lengths they went to to get the park declared off-limits to humans, I can’t help but suspect some kind of narrative-creating subterfuge here. It seems quite shady to intentionally fill the park up with homeless sleepers and then use the large numbers of homeless sleepers as a reason to get the park closed against them. It’s just another example of zillionaire ethics, I guess. See after the break for the evidence.
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February 5, 2003: The Very First Known Public Records Act Ever Received by the HPOA and Kerry Morrison was Already Offended

Kerry Morrison on February 18, 2016, the 13th anniversary of her receipt of an offensive letter from a lawyer regarding the very first known CPRA request to the HPOA.
Kerry Morrison on February 18, 2016, the 13th anniversary of her receipt of an “offensive” letter from a lawyer regarding the very first known CPRA request to the HPOA.
Electronic versions of the HPOA Board of Directors minutes from 1996 through 2006 haven’t been retained by the HPOA, so while waiting on physical copies6 to publish here, I’m taking advantage of good old section 6253(a) of CPRA,7 which tells us that:

Public records are open to inspection at all times during the office hours of the state or local agency and every person has a right to inspect any public record, except as hereafter provided.

Consequently, last Thursday I went over to HPOA secret headquarters on Hollywood Boulevard to read through this material, something I plan to make a regular habit of doing.
Justice Walter Croskey wrote the landmark 2001 opinion in Epstein v. Hollywood Entertainment District BID.
Justice Walter Croskey wrote the landmark 2001 opinion in Epstein v. Hollywood Entertainment District BID.
And there is much fascinating material there, not least of which is the complete unfolding in real time of Aaron Epstein’s epic lawsuit against the HPOA. This ended, of course, in a landmark 2001 decision by the Second District of the California Court of Appeal making BIDs subject to both the Brown Act and CPRA. That story is woven through years and years worth of minutes, so it must wait for the copies to arrive. However, I was able to photograph8 a description of the very first CPRA request known to have been received by the HPOA (on February 5, 2003).

Read on for what it said:
Continue reading February 5, 2003: The Very First Known Public Records Act Ever Received by the HPOA and Kerry Morrison was Already Offended

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Downtown Center BID PR Materials from Macy + Associates, Hollywood BID Patrol 2007 Arrest Reports and Daily Logs

Screenshot from 2016-03-04 19:25:18Well, getting records out of the Downtown Center BID is like pulling teeth from a fricking hippopotamus,9 but after almost four months and one exceedingly detailed complaint to the Los Angeles City Clerk about their general bloody-minded uncooperative stonewalling, they have released a bunch of records relating to their public relations firm, Macy + Associates.10 You can find this material here on the Archive. Note that they’re, as usual, mercilessly and certainly illegally redacted. I’m working on this, but I don’t expect any results quickly.

Also, the big prize, obtained yesterday, is 2007 arrest reports and daily activity logs from the Andrews International BID Patrol. These are also on the Archive:

There are almost certainly significantly many arrest reports missing, and some details on this may be found after the break if you’re interested.
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The Paranoid Prophecies of Downtown Russell Brown, July 2010 Edition

Downtown Russell Brown stumping for Jose Huizar.
Downtown Russell Brown stumping for Jose Huizar.
Our fateful faithful correspondent recently completed a magnanimously opalesque tour de farce of historicalisticism concerning a wildly successful 2010 plot by a bunch of bitchy BIDsies along with then-councildude Eric Garcetti, le petit ami chéri de toutes les dames mignonnes des BIDs, to ruthlessly destroy a perfectly reasonable proposal from the City Ethics Commission to make it easier to figure out who’s supposed to register as a lobbyist. Well, as part of his research he ended up transcribing not just the nonsense spewed by best-BIDdie-buddies Garcetti and Morrison, but a bunch of other tangential nonsense as well. Some of it’s fascinating in its own right, and we’re planning to write about it from time to time, starting this evening with a pluperfect portion of paranoia from Downtown L.A.’s own pallidly prophetic Russ Brown himself!

Historically-minded observers of the Downtown Los Angeles politico-sociologico-ethnomethodologico-cultural scene will remember Mr. Brown as the erstwhile boss-boy of the Historic Downtown BID, ignominiously forced out of his BIDship by the Board for reasons that surely aren’t being stated, and then ignominiously reinstalled two weeks later when Jose Huizar pitched a fit for reasons that surely also aren’t being stated and then… well, you get the idea. These days he’s doing something with neighborhood councils and remains the subject of artful advocacy blog Step Down Russ Brown which, though currently dormant, may any day rise, like Lazarus, from its pallet to scourge yet again the corridors and crannies of Downtown zillionaire-dom. Enough of that, though. Turn the page for the quotes!
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An Open Letter to Mitch O’Farrell Regarding Plans to Fund Andrews International BID Patrol Operations in Hollywood

March 2, 2016

Councilmember Mitch O’Farrell
200 N Spring St #450
Los Angeles CA 90012

Dear Councilmember O’Farrell,

I am writing to you regarding plans that the Hollywood Property Owners Alliance and the Los Angeles Police Department are making to extend the patrol hours of the Andrews International BID Patrol in the Hollywood Entertainment District until 4 a.m. In particular, I heard at the last HPOA board meeting that you were considering funding all or part of this program from your discretionary money. If this report is accurate, I hope that you will ultimately decide not to fund an expansion of BID Patrol hours in Hollywood. Here are a number of reasons why I think your funding this project would be a bad idea:

1. Regardless of the intention, it looks like a way to evade Police Commission oversight of law enforcement in Hollywood: This expansion of the BID Patrol’s operations is apparently being planned at the request of Hollywood Divison’s Commanding Officer Peter Zarcone. If it’s implemented it will therefore create a City-funded group of quasi-police assembled at the City’s request who are not subject to any kind of civilian oversight or control. I understand that in some technical sense the BID Patrol aren’t police, but this plan makes that seem even more like a distinction without a difference than it already does.
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