All posts by Mike

O’Farrell Staff Members Rodriguez and Halden Had “Concerns” About Now-Defunct Plan to Fund Extended BID Patrol Hours, A/I VP Bill Farrar Also Lobbied Deputy Chief Girmala for Support for Plan

Bill Farrar at the February 18, 2016 meeting of the Hollywood Property Owners Alliance.
Bill Farrar at the February 18, 2016 meeting of the Hollywood Property Owners Alliance.
Emails sent to me this evening by CD13 staffer Dan Halden show that as early as February 22, 2016, he and fellow staffer Marisol Rodriguez “had concerns” about the now-defunct plan to have Mitch O’Farrell fund an expansion of BID Patrol hours in Hollywood at the request of the LAPD. A/I vice president Bill Farrar led a lengthy discussion on February 18 at the Hollywood Property Owners Alliance Board of Directors meeting in which everyone showed an astonishing amount of enthusiasm for this questionable plan. The emails also show that on or before February 22, Farrar met with LAPD Deputy Chief Bea Girmala, evidently trying to gin up support from her for the plan. It also seems to be implicit in the emails, although not definitively established, that Peter Zarcone’s transfer from Hollywood to 77th Street was not a factor in the decision to kill the plan. You can find some background, a little analysis, and a really bitchin’ picture of Chief Girmala after the break.
Continue reading O’Farrell Staff Members Rodriguez and Halden Had “Concerns” About Now-Defunct Plan to Fund Extended BID Patrol Hours, A/I VP Bill Farrar Also Lobbied Deputy Chief Girmala for Support for Plan

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Stop LAPD Spying Meeting Yesterday and Fabulous Street-Fried Potatoes at MacArthur Park

Potatoes fried to order at the MacArthur Park Red Line station yesterday afternoon.  I don't even like French fries, and I could have eaten any number of orders of these.
Potatoes fried to order and drizzled with Mexican-flag-colored sauce at the MacArthur Park Red Line station yesterday afternoon. I don’t even like French fries, and I could have eaten any number of orders of these.
Last night I attended my first meeting of the Stop LAPD Spying Coalition. It was interesting, heartening, and full of people worth meeting. I will be going to future meetings, and you should too! But that’s not what I’m here to tell you about. I’m here to tell you about the lovely order of papas fritas I bought from a woman who was cooking them right there in a pot of sizzling oil on the East side of Alvarado Street, tucked away in the South end of the Red Line plaza.
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Federal Civil Rights Lawsuit Filed Yesterday Against City of Los Angeles is Assigned to District Court Judge S. James Otero

The lawsuit filed against the City of Los Angeles by four homeless residents, LA Catholic Worker, and LA CAN, has been assigned to James Otero.
The lawsuit filed against the City of Los Angeles by four homeless residents, LA Catholic Worker, and LA CAN, has been assigned to James Otero.
The federal civil rights lawsuit filed yesterday by four homeless residents of Los Angeles, Los Angeles Catholic Worker, and the LA Community Action Network, was assigned today to District Court Judge S. James Otero (I have the order here). In 2013 Judge Otero decided the big lawsuit against the misuse of VA property in Westwood, thus enraging a bunch of ritzy Brentwood people who think their dogs are more important than not only the lives of veterans but than the property rights of Los Angeles founding mother Arcadia Bandini Stearns de Baker, who donated the property to the VA explicitly for the sake of veterans. Anyway, he did the right thing there, and perhaps he will here too, although the gossip around the MK.org water cooler is leaning towards a motion to switch the case over to Judge Gutierrez, probably based on a “substantial amount of factual overlap” or some such thing. We shall see, I suppose.
Continue reading Federal Civil Rights Lawsuit Filed Yesterday Against City of Los Angeles is Assigned to District Court Judge S. James Otero

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Fashion District BID Executive Director Kent Smith’s Complete July 2015 Emails Now Available. FDBID Managing Director Rena Leddy Wins MK.org Excellence in BID Transparency Award!

Rena Leddy headshot
Rena Leddy, Managing Director of the Fashion District BID and MK.org CPRA Hero of the Fricking Year!!
Just this morning I received, via Dropbox, every one of Kent Smith’s emails for the month of July 2015. You can see all 1098 of them on the archive. Most of it’s dismal mass-blasted junk, of course, but even a lot of that is interesting. E.g. search in there for CCA (Central City Association) to see bunches of their bulletins, like this one, advertising special guests Jessica Borek and Matt Rodriguez. Unfortunately there’s probably no way to find out what was said there, but at least we know it happened.
Yet another smoking gun, as if it weren't clear enough that Marie Rumsey is a big-time lawbreaker.
Yet another smoking gun, as if it weren’t clear enough that Marie Rumsey is a big-time lawbreaker.
The most amazing thing about this document dump is the formatting. They’re PDFs, which often is a bad sign for emails, although these are text-based1 so they can be searched reasonably effectively. Too many agencies think somehow that a scanned PDF of a printed email satisfies CPRA’s requirement that electronic documents be produced in native formats. These PDFs are on a level I’ve never seen before, though. First of all, the links are live, including the links to remote images. Also the links to attachments are live and the attachments are embedded in the PDFs. For instance, look at this email about anti-street-vending strategies from Marie Rumsey to various people. It has an actual schedule of actual meetings with Councilmembers that CCA set up for street vending opponents attached, and you can click on it and read it! Or here it is if you’re lazy. This is the real deal! Look at the properties in that last item and see that Marie Rumsey spent 2015 breaking the revolving door ordinance to an even greater extent than anyone here imagined. Also take a look at this email from Jessica Borek to the gang which comes with a copy of a Power Point thing by Jessica Borek about the Coalition to Save Small Business strategy as well as a marked-up copy of ELACC’s proposed framework. This is the real deal, friends! It’s what CPRA was actually meant to yield.
Continue reading Fashion District BID Executive Director Kent Smith’s Complete July 2015 Emails Now Available. FDBID Managing Director Rena Leddy Wins MK.org Excellence in BID Transparency Award!

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Federal Lawsuit Filed Today by LA Community Action Network, LA Catholic Worker, Four Homeless Plaintiffs, Against City of LA and Three Named LAPD Officers Over Property Confiscations, Wrongful Arrests, Endangerment of Life

California-centralA lawsuit filed today in Federal Court on behalf of the Los Angeles Community Action Network, LA Catholic Worker, and four homeless plaintiffs charges the City of Los Angeles along with LAPD officers Andrew Mathes, Sgt. Hamer, and Sgt. Richter1 of endangering the lives of the plaintiffs by wrongfully arresting them and by wrongfully confiscating and destroying their property, including medicine, blankets, tents, and other items necessary to the support of life. The plaintiffs’ attorneys are Carol Sobel and associates, Fernando Gaytan and Shayla Myers of the Legal Aid Foundation of Los Angeles, and Paul Hoffman and Catherine Sweetser. The inimitable Gale Holland has an excellent write-up in the Times but, as usual, it doesn’t include a link to the actual court filings, which is where I can help. The suit isn’t particularly on our BID-beat, but I’m going to get all the filings anyway, so I might as well make them available here. There are some excerpts after the break.
Continue reading Federal Lawsuit Filed Today by LA Community Action Network, LA Catholic Worker, Four Homeless Plaintiffs, Against City of LA and Three Named LAPD Officers Over Property Confiscations, Wrongful Arrests, Endangerment of Life

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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 me1 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.2 I subsequently tallied up the arrests and the referrals for the time period by hand3 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.4 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.
Continue reading 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

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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.
Continue reading Zarcone Transferred from Hollywood to 77th Street Division, Late-Night BID Patrol Hours Torpedoed. Steve Seyler: “It Sort of Took us Off Our Mission…”

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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.
Continue reading In 2007 the BID Patrol Steered Homeless Sidewalk Sleepers to Selma Park to Avoid Arrest Until December 19 When the Signs Were Up

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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 copies1 to publish here, I’m taking advantage of good old section 6253(a) of CPRA,2 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 photograph3 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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