“He is slight of build and not a physical threat.” Then why is the BID Patrol forcing him out of public view?I’m searching through the 2015 BID Patrol daily logs and also the 2015 arrest reports as part of a major project I’m working on,1 and I just keep coming across more surreal and upsetting (albeit tangential) episodes. For instance, on June 25, 2015 BID Patrol gunmen Dennis Watkins (badge #104) and Steven Sewell (badge #111), whose pictures Kerry Morrison is willing to lie and to break the law in order to keep secret,2 told the following story:3
RADIO CALL: 6923 HOLLYWOOD BLVD. 415 MAN IN FRONT OF THE “METRO”. UPON ARRIVAL NUMEROUS PEOPLE WERE POINTING TO THE SUBJECT. THE SUBJECT IS “C***** B****’ A M / W / 40-45 YRS. HE IS A TRANSIENT AND CAUSES PROBLEMS WERE EVER HE MAY BE. HE HAS PERIODS OF TIME WHERE HE WILL USE THE MOST VULGAR LANGUAGE TOWARD ANYONE IN EAR SHOT. HE PULLS A CHILD TYPE WAGON WITH ALL OF HIS POSSESSIONS. THERE IS NO REASONING OR CALMING THIS INDIVIDUAL DOWN. OFFICERS HAVE TO TAKE A FIRM POSTURE AND DIRECT HIM AWAY FROM PEOPLE. OFFICERS WILL ESCORT HIM TO A SIDE STREET OR OTHER LESS TRAVELED LOCATION. HE IS SWEARING AT THE OFFICERS DURING ALL OF THIS. IT IS UNKNOWN IF HE IS UNDER A DOCTORS CARE. IT IS AMAZING THAT HE HAS NOT BEEN ASSAULTED BY OTHER CITIZENS. HE IS SLIGHT OF BUILD AND NOT A PHYSICAL THREAT.
LAPD Bike officers on the Venice Boardwalk creating a chilling effect in the warm California sunshine.See this earlier post for some brief background on this case and this collection of pleadings in the case.
Late last night the plaintiffs filed a searing opposition to last month’s defendants motion to dismiss. Part of the plaintiffs’ argument relies on the fact that the Boardwalk is actually a public sidewalk, and in support of that argument they also filed a request for judicial notice that included a certified copy of the deed by means of which Abbott Kinney gave the boardwalk to the City (of Ocean Park; Los Angeles didn’t get it until 1926). To understand the issues it may be useful to look at the text of LAMC §42.15.
The issue is whether or not the Boardwalk is a public forum. If it is, the First Amendment places a very, very high barrier before the City’s attempt to regulate speech there at all. Sidewalks, as opposed to City-sponsored Disneylandesque bullshit tourist-trap money magnets, are quintessential public forums,4 and this is the heart of the argument:5
The Venice Boardwalk is a traditional public forum long recognized by the City as perhaps the most prominent free speech area in the City. Although called a “boardwalk,” this pedestrian passageway is a public sidewalk, deeded to the City as a sidewalk in perpetuity in 1906. See Plaintiffs’ Request for Judicial Notice and Exhibit 1.
Public sidewalks “occupy a ‘special position in terms of First Amendment protection’ because of their historic role as sites for discussion and debate[.]” They are the locations where people encounter speech they “might otherwise tune out.” “From time immemorial,” public sidewalks have been locations where “normal conversation and leafleting” have occurred as part of the First Amendment’s guarantee of “sharing ideas.” Indeed, public sidewalks are, perhaps, the most important traditional public forum because of their availability at any time at no cost.
Steve Seyler in 2014 looking a little fuzzy.I reported yesterday that BID Patrol Director Steve Seyler had assisted Kerry Morrison in securing evidence to be used in conservatorship hearings against a Hollywood homeless man. However, the bulk of Seyler’s amateurish mental health investigations are related to Laura’s Law, which allows for forcible outpatient treatment of people with serious mental illness and a history of noncompliance with doctors’ orders. Not that he bothered to read or understand the law first. In August 2015, in an email accompanying yet another report to the LAPD about a Laura’s Law candidate, Seyler stated that he was “a little fuzzy on the criteria for Laura’s Law so please advise…”
In fact, Seyler is much more than “a little fuzzy.” In that same email, with reference to the person, RM, who he’s reporting, Seyler states:
It would also be great for the quality of life of all concerned to get him into a program as he causes a huge amount of disruption and many calls for service. He is a burden on BID Security, the LAPD, Paramedics, hospitals etc.
I know the criteria for Laura’s Law are a little hard to follow, Steve, but here’s a clue: There isn’t a law in this country that authorizes forcible involuntary medical treatment because it would be convenient for a bunch of security guards. It’s just never going to happen that a law would allow that. If the guy is a burden on BID Security, maybe BID Security should consider giving up the pretense that they’re some kind of a social service agency and go back to doing the kind of security guard stuff that the law allows them to do, which, by the way, is emphatically not doing psychiatric evaluations.6
There isn’t a law in this country that authorizes forcible involuntary medical treatment for the convenience of the police either. We just don’t lock people up or force pills down their throats because it makes the lives of cops easier. The fact that this kind of nonsense even seems plausible to Seyler is yet another reason why he ought to stick to security-guarding and leave the social work to the licensed professionals.
The sun sets on a free Venice Beach for the last time as a new era of totalitarian private/public partnership threatens to ruin everything.On Friday, July 1, the Mayor of the City of Los Angeles signed an ordinance of intention to establish a Venice Beach BID. It seems that this isn’t final, and there will be a hearing on August 23, 2016 at 10 a.m. “to determine whether to establish the District.” Please mark it on your calendars and come put the integrity of our City Council to the test. After all, if 169 signatures below one of the most eloquent anti-BID statements I’ve ever had the good fortune to read didn’t sway them, I don’t imagine that a huge public outcry will do much. But that’s no reason for remaining silent.
You can read a description of the boundaries of the proposed BID in the ordinance, although it’s a little hard to follow even for someone who grew up out there. The District seems to be bounded roughly by the Boardwalk on the West, by North Venice Boulevard to the South, by Pacific Avenue to the East, and by Rose on the North. Now, I don’t know how much you know about the history of race relations in Venice, but it’s essential to an understanding of the deep politics of this BID7 to know that the area roughly bounded by Electric Avenue, North Venice Blvd., Lincoln Blvd, and (maybe) Brooks Avenue, known as Oakwood, was originally the only area of Venice that non-white people were allowed to own property in. Thus ownership of commercial property in the area encompassed by the proposed BID, like most such areas in Los Angeles, was restricted to white people only until sometime in the late 1960s, and then only as a matter of law. There is no question that the huge majority of that property is, even now, due to the way that commercial property is passed down in families, owned by white people. Continue reading A Dark Day in Los Angeles: Venice Beach BID Ordinance Approved by Council on Friday. Final Hearing August 23 at 10 a.m. in Council.→
Photo of RB from a BID Patrol report that seemingly set off the process of getting this man conserved to keep him out of Hollywood.On July 20, 2015, Steve Seyler sent Kerry Morrison an email containing a report on a homeless man whose initials are RB. Seyler stated that RB had not been seen by the BID Patrol for 18 months preceding July 15, 2015. Furthermore, there was an active court order forbidding RB from returning to the Hollywood Entertainment District, and thus the BID Patrol called the LAPD and had him arrested on that date. Four days later, on July 24, 2015, Kerry Morrison wrote to Seyler asking him to have the BID Patrol collect some information on RB because “[t]here is some effort underway to move RB towards a conservatorship.” Kerry doesn’t say whose effort it is, but she’s clearly involved in it and she certainly doesn’t say it’s not her making the effort. BID Patrol officer Mike Coogle
Flash forward to September 2015. On the 15th of that month Seyler emailed Morrison and former LAPD Hollywood Station captain Peter Zarcone discussing RB’s conservatorship hearing, scheduled for September 16, 2015:
Kerry any ideas on who else I can call? We only get one shot at this so I don’t want to waste this chance.
Recall that in April, Judge Otero issued an injunction in relation to the confiscation of the property of homeless people on Skid Row. The City of Los Angeles, meanwhile, professes not to understand the injunction and has filed a motion for clarification of the order. A scheduled hearing on this motion was postponed once and today all parties filed a joint stipulation asking for another postponement and the Judge filed an order granting the request. The hearing is now scheduled for Monday, August 15, at 10 a.m. in Otero’s courtroom downtown.8 The stated reason is that productive mediation in front of Magistrate Judge Carla Woehrle is both fruitful and ongoing.
You can look down on Venice but Venice will never look down on you. Venezia mi ama e io amo Venezia.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.
The beautiful Venice arcades on Windward Avenue, soon to be patrolled by BID goons in jellybean-colored tee-shirts.In its meeting today the City Council is slated to act on CF 16-0749, establishing a property-based Business Improvement District in Venice. This is a tragic but expected development in the ongoing degradation of what was once the loveliest neighborhood in this city. The impending clash between BID security and the politically organized, aware, and active homeless population of Venice is going to be cataclysmic. Once this BID is up and running I will be covering it extensively. Continue reading First Step Toward Establishing Venice Beach BID to be Taken in Council This Morning→
We have a lot of really pretty trees in Los Angeles. Let’s not let the BIDs prevent us from taking good care of them for our children just because they’re too fricking cheap to pay for a permit.Last week I reported that the Bureau of Street Services’s response to O’Farrell and Ryu’s motion on tree-trimming was set to face some opposition from business improvement districts. Well, tonight, Jessica Lall of the Southpark BID, who seems generally sane, but evidently is not, has fired the first shot across the bow of the proposal in the form of a letter to the Committee. You can read it. It’s the usual bogus anti-government whining about layers of bureacracy and don’t impede the private sector and blah-de-blah-blah-blah. Anyway, I fired off my own letter to the committee, which you can read after the break, but, more importantly, which you can download here in Microsoft Word format so you can send a copy of your own. I know it seems bogus to sane people that a bunch of cookie-cutter letters would have an effect on our Councilmembers, but it seems that, in fact, they do. The necessary email addresses are:
