Monthly Archives: February 2019

LAUSD

New Los Angeles Charter Elementary School To Continue To Co-Locate At Baldwin Hills Elementary School For The 2019-2020 School Year Even Though Everyone Is Unhappy About It — LAUSD Gave NLA No Other Choice According To Executive Director Brooke Rios — But In Order To Assuage Tension New LA Will Not Use Any Additional Classroom Space — Will Be Forced To Increase Class Size To Accomplish This — Desperate Search For New Site Continues With Formation Of Board Committee

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You may recall that the recent UTLA strike inspired me to spend a little time using the public records act to look into the state of charter schools in Los Angeles, and one of the ones I’m looking into a little is New Los Angeles Charter Schools. After a little of the usual nonsense I was able to obtain a bunch of emails relating to the strike.

The story behind the story, well-told in LA Taco by Daniel Hernandez, is that the public Baldwin Hills Elementary School is forced by state law to cede part of its campus to New Los Angeles Charter Elementary School, a process called co-location. It’s never been a comfortable arrangement but the strike brought everything to the surface, and the emails revealed that New Los Angeles executive director Brooke Rios didn’t think it was possible to continue co-locating there given that everyone hated them:

It is clear that the strike gave voice to the mounting tension between Baldwin Hills and New LA. To be frank—we are not welcomed there. Our Prop 39 offer will be issued on February 1, and it is likely that we will be offered one more classroom at Baldwin for 18-19. It is difficult to imagine another year on that campus after this week, and I am eager to consider other solutions.

Proposition 39 created this co-location system, and the Prop 39 offer that Rios talks about there is a formal offer from LAUSD allocating public school space to a charter school. And given that the offer would issue on February 1, I made plans to attend the next meeting of the board of directors to see what was going to happen. And if I’m going to attend, I’m going to film, of course.

So last night they held the meeting out at their secret headquarters on Washington Blvd. just east of Hauser. I rode the bus all the way out there and taped the whole damn thing. So behold! Eighty four minutes of mind-numbing mumbling with a few really interesting things interspersed. Watch it at your peril, but also take a look here where Brooke Rios discusses the Prop 39 offer. To everyone’s dismay New Los Angeles was offered space at Baldwin Hills Elementary School and given no choice at all in the matter.

And Rios announces that New Los Angeles will seek not to exacerbate the tension any further by not taking up any more classroom space than they have been taking. So they’re not leaving, but they’re not expanding into more classrooms. This is going to require a significant increase in class size, which Rios and some board members anticipate will make parents pretty unhappy and might even induce some of them to move their kids to another school. How does Rios propose to deal with this desperate situation? Like any good bureaucrat, she’s forming a committee of the board! The committee will be looking for affordable privately-owned space that doesn’t involve co-location, which has turned out to be unreliable.

It was interesting but not surprising that throughout the discussion at the board meeting, no one on the primarily white board of directors or staff even mentioned the racial aspects of the situation, well explained by Hernandez, which is that the charter school is taking up space that could be used to serve the primarily African-American student body at Baldwin Hills.

It’s heartening to see that protests, shunning, and similar social action1 can actually lead to charters leaving co-located schools, or at least really trying their best to leave! There really aren’t other tools available to the parents of public school children to rid their campuses of privatizers, forced on them by state law. Nothing got settled at last night’s meeting, but I will continue to follow the story. Turn the page for a transcription of some of the discussion.
Continue reading New Los Angeles Charter Elementary School To Continue To Co-Locate At Baldwin Hills Elementary School For The 2019-2020 School Year Even Though Everyone Is Unhappy About It — LAUSD Gave NLA No Other Choice According To Executive Director Brooke Rios — But In Order To Assuage Tension New LA Will Not Use Any Additional Classroom Space — Will Be Forced To Increase Class Size To Accomplish This — Desperate Search For New Site Continues With Formation Of Board Committee →

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Los Angeles County Government

Massive Release Of Emails Between Los Angeles County Sheriff And Kevin Kearney — Who Is The Manager Of The City Of Bradbury — A Creepy Little Horse Suburb East Of Monrovia — Which Contracts With LASD For Municipal Policing — If You Want To Understand How Cops Interact With Citizens In The Complete Absence Of Authorized Killables Then Start Reading! — Oh! — Wanna Know What LASD Has Been Spending All Its Ill-Gotten Asset Forfeiture Money On Over The Years? — Freaking Middle School Propaganda Is What! — As Forfeiture Became Harder They Had To Bump Up The Cost To Schools More Than Thirty Five Percent!

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I don’t do much with County politics because the City is already more than I have time to deal with, but John Motter’s fabulous work on the cost of policing in LA County got me interested in the City of Bradbury, which I had actually never heard of before. I looked at their Wikipedia page, found out that they had a population of 1,048 people and about twice that many horses,2 that the City had three homeowners’ associations which were listed on the damn City website, and knew I had to find out what these people were up to out there. So I asked them for a bunch of records, and tonight I’m releasing the first installment!

It consists of 339 emails between Kevin Kearney, the City Manager, and people at the Los Angeles County Sheriff, with which Bradbury contracts for its local coppery. You can browse them here at Archive.Org as PDFs along with extracted attachments, and I also exported them as an MBOX for a more authentic email experience. There are a ton of stories in there, but here I’m only telling one in some detail. It seems, you see, that the LASD has this youth outreach program called the STAR Unit, which I guess is like the LAPD’s DARE thing, but stands for “Stop Tripping And Reform!” or some such nonsense.3 And they send deputies into schools to propagandize the youth about matters that seem important to them as cops, like e.g. hello fellow kids! Cops are your friends! And it turns out that the schools pay LASD for this service.

And we also have to talk about civil asset forfeiture. This is an evil process that cops all over the country use to steal people’s money and valuables and use it for their own cop purposes. It’s a huge source of money for law enforcers and pirates. California cops were as big on this as any cops anywhere until 2016, when Jerry Brown signed a bill requiring that someone actually be convicted of a crime before cops could confiscate all their worldly goods. It seems uncontroversial, and maybe it was, but cops all over the state soon began feeling the pinch!

And one of the victims of the pinch was evidently the STAR Unit, which according to one of these emails, had been heavily subsidized by forfeiture money. To this email was attached a new STAR rate schedule, showing increases of more than 35% over the already shockingly high hourly costs. That’s how much money the LASD was diverting from civil asset forfeitures to STAR Unit propagandizing, it seems! It’s bad enough that cops steal huge amounts of money from innocent people, but then to learn that they’re using it to indoctrinate a bunch of children into thinking that cops have their best interests at heart and therefore probably making them less likely as adults to oppose civil asset forfeiture. It’s not only self-reinforcing, it’s also really appalling. Turn the page for a transcription of these emails!
Continue reading Massive Release Of Emails Between Los Angeles County Sheriff And Kevin Kearney — Who Is The Manager Of The City Of Bradbury — A Creepy Little Horse Suburb East Of Monrovia — Which Contracts With LASD For Municipal Policing — If You Want To Understand How Cops Interact With Citizens In The Complete Absence Of Authorized Killables Then Start Reading! — Oh! — Wanna Know What LASD Has Been Spending All Its Ill-Gotten Asset Forfeiture Money On Over The Years? — Freaking Middle School Propaganda Is What! — As Forfeiture Became Harder They Had To Bump Up The Cost To Schools More Than Thirty Five Percent! →

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Business Improvement Districts, Los Angeles City Government, Street Vending

How Ellen Riotto And Wallis Locke Of The South Park BID Conspired With Michael Shilstone Of The Central City Association, Kevin James Of The Board Of Public Works, Lee Zeidman Of Staples Center, And A Bunch Of AEG Worldwide Stooges — Including Shelby Russell — To Encourage People To Call LAPD On Vendors And Hang Up Anti-Vending Signs Around LA Live — With A Generous Special Bonus Helping Of My Steaming Hot Amateur Theories On Why The Damn Signs Are Illegitimate And Will Ultimately Be Mostly Removed If Not Completely

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The other day LA Taco tweeted out this picture of a no-vending sign near Staples Center and a lot of people were angry and confused. This is the story of how and why4 those signs appeared recently. The story begins with Ricardo Lara‘s monumental Sanity in Street Vending Bill, passed by the California Legislature last year over the strident objections of zillionaires and their BIDdie minions all over the state. The law essentially legalized street vending everywhere, while leaving some really minimal regulatory powers to cities.

One of the regulatory powers that the law allows is the establishment of no-vending zones. But these can’t be established on a mere whim, or just because people hate vendors. Rather any such restriction must be “directly related to objective health, safety, or welfare concerns.”5 But the City of Los Angeles never met a loophole that it couldn’t stretch into a six lane freeway at the behest of the local zillionaires, and our esteemed Councilmembers jumped all over this one.

They went into an embarrassing frenzy of zillionaire-pleasuring and directed the City Attorney to figure out how to establish no-vending zones everywhere any BID or anyone else with enough influence asked them to. The list ended up including the Hollywood Bowl, the Venice Boardwalk, most of Hollywood Blvd, and, of interest to us today, the area around Staples Center.

Lara’s bill took effect on January 1, 2019, so prior to that, in preparation for what they saw as the impending Vendorgeddon, zillionaires all over the City began preparing for vigorously psychotic enforcement of these last few no-vending zones they’d managed to preserve, at least for now. As I said, today we’re focusing on Staples Center, but I’m sure the same kind of thing is happening in all the putative no-vending zones.

I’ve managed to uncover two distinct phases of the process so far. In early January 2019, Ellen Riotto of the South Park Business Improvement District, in which Staples Center situates, notified businesses in the no-vending zone and encouraged them to call LAPD on vendors. A little later, around January 20, 2019, Lee Zeidman, president of Staples Center and member of the board of directors of the South Park BID, used his considerable political power, focused by his flunky Riotto, to harangue City staff about the need for superexponentially increased anti-vending enforcement along with no-vending signs.

He also threatened to hire private security to enforce anti-vending laws on public streets if the City didn’t start enforcing the law itself. And all this focused power ultimately had its effect with the placement of the signs, as we have seen. I don’t presently know if enforcement was in fact stepped up, but I am continuing to look into the matter. Turn the page for a detailed account along with links to and transcriptions of selections from the relevant emails.
Continue reading How Ellen Riotto And Wallis Locke Of The South Park BID Conspired With Michael Shilstone Of The Central City Association, Kevin James Of The Board Of Public Works, Lee Zeidman Of Staples Center, And A Bunch Of AEG Worldwide Stooges — Including Shelby Russell — To Encourage People To Call LAPD On Vendors And Hang Up Anti-Vending Signs Around LA Live — With A Generous Special Bonus Helping Of My Steaming Hot Amateur Theories On Why The Damn Signs Are Illegitimate And Will Ultimately Be Mostly Removed If Not Completely →

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California State Government

Senator Ben Hueso Introduced SB615 Yesterday — Would Gut California Public Records Act By Requiring Proof That Noncompliant Agencies Knowingly And Willfully Withheld Records — This Would Make It Extremely Difficult For Requesters To Recover Fees — Which Would Make It Extremely Difficult For Requesters To Hire A Lawyer — Which Would Decimate The Already Lousy Compliance Level

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Yesterday, February 22, 2019, Senator Ben Hueso introduced SB 615, a bill which would rewrite the California Public Records Act to make it radically more difficult for requesters to file and win petitions against noncompliant public agencies. As it stands, a petition filed in Superior Court is the only mechanism for enforcement of this essential law. Most people can’t afford lawyers, of course, but the CPRA at least tries to ameliorate this flaw by making it relatively easy for requesters to recover attorney’s fees from noncompliant agencies.

The law presently says that a requester wins a CPRA suit if the suit induces the agency to produce a record that was previously withheld. It’s not necessary to prove that the agency withheld the record on purpose. In fact, in Community Youth Athletic Center v. National City the California Court of Appeals specifically held that even incompetence or neglect were not valid excuses for not producing. Hueso’s bill would nullify this opinion and many others like it and require requesters to show that agencies “knowingly, willfully, and without substantial justification failed to respond to a request for records.”

In my extensive experience, agencies are already expert at denying access to records without ever saying that that’s what they’re doing. Instead they create an endless series of delays, errors, failures to respond quickly, and so on, which add up to a denial. I have had public agencies shine me on for years this way. And sadly judges are generally so deferential to public agencies that it’s already nearly impossible to prove that an agency involved in this kind of disingenuous delay is in violation. If it becomes necessary to prove that they’re doing it on purpose in order to recover fees there will be even fewer lawyers than there already are willing to take on these cases.

The bill would add a few other ways for a requester to prevail. Most of these are bad or neutral, but one is somewhat positive. That is the statement that petitioner wins by showing that “[t]he agency unreasonably delayed providing the contents of a record subject to disclosure in part or in whole.” Currently the CPRA says that agencies can’t delay access but it doesn’t explicitly create a cause of action for delay. Again, in my experience, judges’ deference makes attorneys reluctant to file such petitions. Maybe this would improve that situation.

That one potential improvement is not worth the destruction, though. If this bill passes into law look for already obstructionist agencies to ramp up their obstruction. Look for the already small number of lawyers willing to take CPRA cases on an affordable basis to decline sharply. Look for the already slow flow of records to decrease drastically.

Interestingly, the right of access to public records is written into the California Constitution at Article I Section 3, and in subpart (b)(2) it requires that “A statute, court rule, or other authority adopted after the effective date of this subdivision that limits the right of access shall be adopted with findings demonstrating the interest protected by the limitation and the need for protecting that interest.” Hueso’s bill contains some boilerplate language about this, but it doesn’t demonstrate anything, it just states it. The bill would clearly limit access, though, so maybe it would end up being unconstitutional.

And turn the page for a transcription of the legislative counsel’s summary and of the actual proposed changes. And then find your legislator and write in opposition to this crappy and dangerous bill.
Continue reading Senator Ben Hueso Introduced SB615 Yesterday — Would Gut California Public Records Act By Requiring Proof That Noncompliant Agencies Knowingly And Willfully Withheld Records — This Would Make It Extremely Difficult For Requesters To Recover Fees — Which Would Make It Extremely Difficult For Requesters To Hire A Lawyer — Which Would Decimate The Already Lousy Compliance Level →

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Los Angeles City Council

Weirdo Cedillo Staffer Bill Cody Tried To Withhold Money From A City-Funded Highland Park Mural Because Renowned Highland Park Muralist John Zender Estrada Was Involved — On The Basis Of A Bizarre Grudge Against HLP Heroines Yaya Castillo And Brenda Perez — Like The Freaking Mural Mafia Of CD1 — Cody: “We’re Not Really Big On Giving Grants To Folks Who Are Involved With People Who Have Been Attacking The Council Office On Social Media”

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This Highland Park mural story gets more convoluted and appalling by the day. You’ll recall that in concert with the Highland Park Business Improvement District Cedillo staffer Bill Cody worked with the Department of Cultural Affairs to allow the BID to destroy two well-loved murals in Highland Park. One of these was by renowned HLP muralist John Zender.

This episode led to community protests, organized by among others HLP heroes and heroines Brenda Perez, Yaya Castillo, and Mando Medina, who ended up being surveilled and stalked by Cody, as well as the establishment of radical pro-mural/anti-gentrification group Restorative Justice for the Arts by Perez. Oh, and did I mention this petition calling Bill Cody out for his serially harassing ways?

Cody also has a long-stewing grievance against Perez, Castillo, and Medina, based on something to do with Chicken Boy, Amy Inouye, and Stuart Rapeport, that I do not understand and it really seems like he made it all up, which is not uncharacteristic of the fellow. So there’s a lot of tension swirling around HLP these days with respect to murals and the people involved with them.

And then there’s Kathy Gallegos, executive director of HLP art scene fixture Avenue 50 Studio. The studio accepts funding from the Department of Cultural Affairs, and apparently one thing that Gallegos does with the money is arrange for murals to be painted around HLP. And it seems that in June 2018 Gallegos had a contract with DCA to organize a mural by Anthony Ortega and some of the funds were provided by CD1, with Bill Cody staffing the matter.6 The story is told in this email conversation of which, as always, there is a transcription after the break.

But then Cody discovered that Gallegos had subcontracted with Zender, along with a number of other respected HLP artists. And Cody flipped out and sent an at-the-mouth-frothing email to Yami Duarte and Felicia Filer of DCA interrogating them on this development, demanding that Zender be removed from the project and threatening to withdraw CD1’s funding. Why? Because Zender was known to be friendly with Castillo and Perez and, according to Cody:

The grant was approved by myself and I never would have involved the parties that have been attacking the local constituents. I am told Brenda Perez and Yaya Castillo have been involved and at this point I would like the contract redone with John’s name removed for many, many reasons.

And Cody made it very clear that he views CD1’s cultural funding as a way to reward his friends and punish his enemies:

We’re not really big on giving grants to folks who are involved with people who have been attacking the Council Office on Social Media. We’ll definitely want to make sure that does not happen in the future.

And the trouble with this? There are so many troubles. [A]ttacking the Council Office on Social Media is what we do in America. It’s none of Cody’s damn business who’s attacking the Council Office. And if CD1 is going to be giving out grants, they’re certainly not allowed to choose the recipients based on their political opinions. That’s just a straight-up violation of the First Amendment.

And it’s a betrayal of the public trust. CD1 doesn’t have all that money so their staffers can play favorites and hand it out to their smoochy-face friendsy-wendsies. They have it so that they can keep things running and make the City better. If that means following the rules and paying people who attack the Council Office on social media, well, that’s the kind of thing that grownups have to do sometimes.

And not only is this illegal, not only is it a betrayal, not only is it immature, but like everything about Bill Cody, it’s also stupid in the kind of floridly bizarre way that’s essentially the guy’s signature at this point. For reasons only he understands Cedillo hasn’t fired the guy for being a serial harasser, but maybe he’ll fire him for making him look like such a chump. In any case, turn the page for transcriptions of the emails.
Continue reading Weirdo Cedillo Staffer Bill Cody Tried To Withhold Money From A City-Funded Highland Park Mural Because Renowned Highland Park Muralist John Zender Estrada Was Involved — On The Basis Of A Bizarre Grudge Against HLP Heroines Yaya Castillo And Brenda Perez — Like The Freaking Mural Mafia Of CD1 — Cody: “We’re Not Really Big On Giving Grants To Folks Who Are Involved With People Who Have Been Attacking The Council Office On Social Media” →

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California State Government, Public Records Act Pragmatics

Senator Bob Wieckowski Introduces SB518, Which Would Exempt CPRA Petitions From CCP §998 — A Hardball Negotiating Tactic Which Might Induce Petitioners’ Lawyers To Settle For Far Less In Fees Than They Deserve — Thus Undermining The Only CPRA Enforcement Mechanism Created By The Legislature — This Is An Obscure And Technical Improvement To The CPRA — But An Extremely Important One — Thank You, Senator Bob!

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California Code of Civil Procedure §998 authorizes a particularly hardball negotiating tactic in lawsuits in California. One party can make what’s called a 998 settlement offer to the other. If the other party wins but doesn’t get awarded more money than in the 998 offer, the losing party doesn’t have to pay more than the offer. The idea is to encourage parties to seriously consider reasonable settlement offers rather than litigating for the sake of litigation.

And don’t forget that the only mechanism for enforcing the California Public Records Act is by filing a petition. The legislature has made this financially possible by including a mandatory award of attorney’s fees to the requester if they win.7 This is at §6259(d).8 There are built-in protections for requesters as well. Most notably that public agencies can’t recover their own costs from requesters even if they win, except under very rare circumstances.9 This is also found at §6259(d).

Without this potential award of attorney’s fees having court cases be the only mechanism for enforcement would be really unfair. Requesters would have to pay lawyers up front and public agencies would end up ignoring the CPRA altogether except if they thought requesters could afford expensive lawyers. And that would be a really bad outcome. As the CPRA itself says, right up at the top in §6250, “In enacting this chapter, the Legislature, mindful of the right of individuals to privacy, finds and declares that access to information concerning the conduct of the people’s business is a fundamental and necessary right of every person in this state.”

Finally, it is not unheard of for lawyers representing public agencies to make 998 offers.10 When such an offer is received it’s necessary to put some careful thought into rejecting it, because it could end up costing the attorney a lot of money if the fee award ends up being less than the offer. And the serious problem with this is that it could well induce plaintiffs’ attorneys to settle for less money than the case is worth.

In turn, this makes it more difficult for lawyers to be able to afford to take these cases, and this ends up eroding the financial viability of the only CPRA enforcement mechanism available. But judicial enforcement of the CPRA protects a “fundamental and necessary right of every person in this state.” So it’s bad public policy to allow 998 offers in CPRA cases.

Enter state senator Bob Wieckowski. He’s well-known for his attention to essential yet technical flaws in the CPRA. Just for instance, last year he introduced a bill to widen access to records and protect requesters from financial retaliation by public agencies who inadvertently released privileged records. Some aspects of it didn’t survive the legislative process, but it did accomplish its main goal.

And in keeping with this tradition, yesterday, February 21, he introduced SB 518, whose purpose is to outlaw 998 offers in CPRA cases.11 This is really important for all the reasons given above and probably some others that didn’t occur to me. Turn the page for a transcription of the legislative counsel’s digest and of the changes to the statute being proposed.
Continue reading Senator Bob Wieckowski Introduces SB518, Which Would Exempt CPRA Petitions From CCP §998 — A Hardball Negotiating Tactic Which Might Induce Petitioners’ Lawyers To Settle For Far Less In Fees Than They Deserve — Thus Undermining The Only CPRA Enforcement Mechanism Created By The Legislature — This Is An Obscure And Technical Improvement To The CPRA — But An Extremely Important One — Thank You, Senator Bob! →

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LAPD, Los Angeles City Council

Creepy Little Venice Zillionaire George Francisco Wanted A Homeless Man Evicted For The Sake Of His Sign Lighting Event — So He Got Creepy Little Venice Field Deputy Taylor Bazley To Look Into “Commanding” The Homeless Man To Leave — Mayoral Flunky Brian Buchner Turned Out To Be The Grownup In The Room And Put The Nix On This Plan — So Much For The Theory That Encampment Cleanups Target Health And Safety Problems — Given That Bazley And Francisco Value A “High Profile Event” More Than A Human Being’s Residence

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Ask the City’s powerful and you’ll hear a familiar story. That breaking up and cleaning out homeless encampments promotes health, promotes safety, is even good for the people whose homes are being destroyed. Just ask Estela Lopez, the executive director of the Downtown Industrial District BID, who will tell you that these cleanups are good for the very people who are getting cleaned up. Ask famous-on-Facebook homelessness hero Betsy Starman, who’ll tell you that even arresting homeless people is for their own damn good. Ask LAPD’s HOPE team, who will tell you the whole thing is for the benefit of the victims.

Heck, ask zillionaire property owner, serial plagiarist, and erstwhile president of the board of directors of the whole damn Hollywood Property Owners Alliance John Tronson, who will tell you that arresting the homeless isn’t just necessary to help them, but it’s actually good for them. Ask Tronson’s once-upon-a-time BID Patrol minion Mike Coogle, who at one point responded to a social worker’s worries about a man who wasn’t 5150-eligible but who she still wanted to lock up with an offer to arrest him as much as possible so that eventually warrants would issue and she would be able to help him whether he wanted it or not. How’s that for arrests being good for the homeless?!

And this is a good narrative, I guess, or at least a useful one. It lets people who just want the homeless moved out and away and don’t give a damn about the pain and destruction to feel like they’re helping people while helping themselves, to feel like they at least appear that they do give a damn about human suffering. It strains the credulity of the sane, though, to believe that arresting homeless people, that breaking up their camps and destroying their possessions, is actually good for anyone, let alone the people it’s happening to. Or even that anyone actually intends it to be good.

There are just too many episodes like the one about CD13’s scheduling a cleanup because some zillionaire landlord had a property inspection coming up or the one about CD14 arranging a cleanup in advance of a movie company’s planned filming. It sure seems like, no matter what the lies the powerful are telling themselves in the morning mirror, the motives for evicting the homeless are really not humane at all.12

And today I have another example, albeit with a twist this time, which is the involvement of Garcetti homelessness staffer Brian Buchner who, if not humane, at least understands how to manage appearances. The whole story is told in this email conversation between CD11 field deputy Taylor Bazley,13 Brian Buchner, Dominic Choi, Emada Tingirides, and Garcetti’s latest magic bullet, the Unified Homelessness Response Center. The subject is universally-reviled-by-sane-people Venice zillionaire George Francisco and his infernal Venice Sign comma lighting ceremony therefor, scheduled last year for Saturday, December 1, 2018. You can read the special event permit here.

And the problem? Well, there was a human being living on the sidewalk where this very special event was to take place. And George Francisco wasn’t having it. So he had Taylor Bazley email a bunch of LAPDs and ask the eternal burning question, which is how can we get the homeless person out of the way of the zillionaire party? Turn the page for a transcription of this and the rest of the discussion, and don’t ever believe them again when they tell you they’re arresting homeless people for their own damn good.
Continue reading Creepy Little Venice Zillionaire George Francisco Wanted A Homeless Man Evicted For The Sake Of His Sign Lighting Event — So He Got Creepy Little Venice Field Deputy Taylor Bazley To Look Into “Commanding” The Homeless Man To Leave — Mayoral Flunky Brian Buchner Turned Out To Be The Grownup In The Room And Put The Nix On This Plan — So Much For The Theory That Encampment Cleanups Target Health And Safety Problems — Given That Bazley And Francisco Value A “High Profile Event” More Than A Human Being’s Residence →

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California State Government

Assemblymember Laura Friedman Introduced AB700 Yesterday — Would Add Exemption To Public Records Act For Information About Public College Profs In California — Including Their Calendars And Appointment Logs — This Is A Really Really Bad Idea — Is Possibly Pushback Against Animal Rights Groups And Other Activists — But Too Early To Tell

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California State Assemblymember Laura Friedman introduced AB700 yesterday, which would add an exemption to the California Public Records Act allowing public colleges to withhold specified information about faculty members. The to-be-exempted information includes home addresses and telephone numbers, calendars, office assignments, and room assignments.

The fundamental principle of the CPRA is that all records are subject to release unless specifically exempted, which is why this bill is necessary to prevent the release of this information. But the exemptions that this bill would add are either unnecessary or very, very wrong.

First of all, sure, don’t tell people where the professors live or what their phone numbers are. But this is already covered by §6254.3(a), which tells us that “[t]he home addresses, home telephone numbers, personal cellular telephone numbers, and birth dates of all employees of a public agency shall not be deemed to be public records and shall not be open to public inspection…” We don’t need a new law to allow that information to be withheld.

And the rest of the information that would be exempted here absolutely ought to remain public. I don’t know but I’m reasonably sure that this bill is in response to various groups and individuals, including PETA, as well as other people critical of faculty research that have used CPRA to obtain information about professors.

Some professors have been targets of violent protests, so I suppose that seems like a reason to exempt their appointment calendars. But it really isn’t. Appointment calendars are an essential tool in understanding what public employees are up to. Who they’ve met with, how long and how often they’ve met with them, and so on, are quintessential public information. Professors are subject to influence by interest groups just like anyone is, and this information must be available so that that influence can be analyzed.

And it’s not just professors’ schedules at stake here. If we exempt these using security as an excuse it won’t be long before all public employees schedules are exempted. Just for instance, ultra-corrupt Los Angeles City Councilmember Jose Huizar famously ordered his staff to alter his calendars in response to CPRA requests from the LA Times. How much more expedient for him would it have been to have an actual exemption written into the law?

Also, this bill is far too broad. It would exempt “records relating to the physical location of faculty members.” Again, I suppose the idea is to protect the security of the faculty. But faculty teaching schedules, office assignments, and so on are typically posted on the open internet. The CPRA at §6254.5 requires the release of all previously released information, and publishing information on the open internet is about as released as information can get. So most exemptions for this information will have been waived. What a logistical nightmare for universities to comply with.14

So yeah, I’m against AB700. Stay tuned for further developments. And turn the page for the legislative counsel’s digest and the proposed text to be added to the law.
Continue reading Assemblymember Laura Friedman Introduced AB700 Yesterday — Would Add Exemption To Public Records Act For Information About Public College Profs In California — Including Their Calendars And Appointment Logs — This Is A Really Really Bad Idea — Is Possibly Pushback Against Animal Rights Groups And Other Activists — But Too Early To Tell →

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Hollywood Property Owners Alliance, LAPD

Reefer Madness Is Alive And Well In The Hollywood Entertainment District BID! — Between 2016 and 2018 73% Of All Citations For Public Marijuana Use In the Entire City Of Los Angeles Were In the Hollywood BID — The Venice BID Is A Distant Second Place With 8% — Leaving A Mere 19% — Which Is Only 170 Citations — For The Entire Rest Of The City Of Los Angeles

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Even though marijuana use in California was formally legalized recently, it’s still against the law to use it in public per the California Health and Safety Code at §11362.3. And apparently Lolita Lopez, investigative reporter at NBCLA, is doing a story on how this plays out in Los Angeles, because on February 2, 2019 she filed a CPRA request with the City for a list of citations under this law from 2016 to the present. Her request was successful, and a few days later the LAPD handed over this spreadsheet, organized by reporting district.15

And public marijuana use is one of those laws that’s custom-made for differential enforcement against homeless people. Thus it occurred to me to take a look at this data in conjuction with BIDs, which are one of the main engines of differential enforcement in Los Angeles. And the data revealed something really interesting. There were 887 citations in the two years covered by the data. Of these citations, 645 occurred in only 6 reporting districts, which precisely cover the Hollywood Entertainment District BID. Also 71 occurred in two others, which precisely cover the Venice Beach BID. The other 171 were spread out pretty evenly across the whole rest of the City.

This means that 72.7% of all citations for public marijuana use in the entire City of Los Angeles since 2016 were issued in the Hollywood Entertainment District BID. And 8% were issued in the Venice Beach BID. It doesn’t take any kind of fancy statistical analysis to prove that this is a really significant result, almost certainly linked to Kerry Morrison and her BID’s well-known tactic of arresting every homeless person that they can lay their hands on for the most trivial possible matters, such as drinking in public or urinating in public. Evidently now we can add smoking marijuana in public to this list of homeless-criminalizing tactics employed by the BID.

The HPOA BID Patrol is famous for its aggressive arrest policies. In 2013 they were responsible for more than 7% of the arrests of homeless people in the entire City of Los Angeles. Their arrest rate has dropped precipitously in the last few years, but it is still unbelievably high. But since 2016 they have refused to provide data on their individual arrests in response to CPRA requests, so it hasn’t been possible to tell who they were arresting and why.16

However, each arrest that the BID Patrol makes results in some kind of action by the LAPD. And given that the LAPD doesn’t seem to expend much effort in arresting anyone for public marijuana use outside the BID, it’s not unreasonable to assume that these figures are a proxy for the BID’s interest in the differential enforcement of this law. If they’re not making these arrests themselves then the arrests are the result of some BID policy.

The situation in Venice is a little less clear, as the Venice Beach BID only started its security work sometime in 2017, and the Boardwalk is a likely place for the LAPD to practice its own style of selective enforcement without needing a BID to encourage it. But the moral of the story is still very clear. It’s illegal to smoke marijuana in public in Los Angeles, but effectively it’s illegal only if you’re homeless and only if you’re in the Hollywood BID. Turn the page for maps and charts!
Continue reading Reefer Madness Is Alive And Well In The Hollywood Entertainment District BID! — Between 2016 and 2018 73% Of All Citations For Public Marijuana Use In the Entire City Of Los Angeles Were In the Hollywood BID — The Venice BID Is A Distant Second Place With 8% — Leaving A Mere 19% — Which Is Only 170 Citations — For The Entire Rest Of The City Of Los Angeles →

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California State Government

State Legislators Connie Leyva And Patrick O’Donnell Introduce SB126 — To Clarify That Charter Schools In California Are Subject To The Public Records Act — And The Brown Act — And The Political Reform Act — This Will Formalize And Extend Attorney General Xavier Becerra’s Recent Published Opinion On The Matter

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You may recall that California State Attorney General Xavier Becerra issued an opinion in December 2018 stating that charter schools in California were subject to the Brown Act and the Public Records Act. And recently, despite some ill-founded pushback, I was able to use the CPRA to get some pretty interesting information out of a local charter school, New Los Angeles.

But AG opinions aren’t law, and evidently there is still some uncertainty about the matter, for instance see this article by Tony Butka in CityWatch LA. So yesterday, state legislators Connie Leyva and Patrick O’Donnell introduced SB126, which states explicitly that charter schools and the organizations which run them are in fact subject to the Brown Act, to the Public Records Act, to the Political Reform Act of 1974, and to certain ethics laws.17

If this passes into law, and why should it not, it will be an incredibly useful tool for activists, the fruits of which you’ll be reading about here and elsewhere for the foreseeable future. Turn the page for the legislative analyst’s description of what the bill would do.
Continue reading State Legislators Connie Leyva And Patrick O’Donnell Introduce SB126 — To Clarify That Charter Schools In California Are Subject To The Public Records Act — And The Brown Act — And The Political Reform Act — This Will Formalize And Extend Attorney General Xavier Becerra’s Recent Published Opinion On The Matter →

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