All posts by Mike

Business Improvement Districts, Public Records Act Pragmatics

Chinatown BID Fails To File Answer To CPRA Writ Petition Before Deadline — Maybe George Yu Considers Himself Beyond The Reach Of The Law — Which Certainly Wouldn’t Be Uncharacteristic Of That Thuggish Little Weirdo

September 23, 2018 Mike Leave a comment

I mean I don’t know what it is with these thuggish little business improvement districts around Los Angeles. They won’t comply with the public records act and when I am thereby forced to file petitions against them they won’t even respond. This famously happened in May with that wonky little gang of white supremacists out in the Larchmont Village BID and now it just happened again with the Chinatown BID, due to the off-the-chain intransigence of which we were forced in August to file a petition.

Of course George Yu is well-known in these parts to be a screamer, a bully, and a freaking self-proclaimed criminal, so it’s not strange to learn that he doesn’t feel like he has to play by other rules of civil society. And for all that, the consequences of these failures may be minimal. In ordinary lawsuits if you don’t answer on time you just lose, but the California Code of Civil Procedure at §1088 rules out this result for writs of mandate, which is what we’re seeking. Also in July at the trial setting conference for the Larchmont BID petition, the judge granted the BID an extra 30 days to reply without them even having to explain their lapse.

So like I said, there may not be any consequences, or any serious consequences. But on the other hand there may be. We’ll see! Stay tuned and you can see also!
Continue reading Chinatown BID Fails To File Answer To CPRA Writ Petition Before Deadline — Maybe George Yu Considers Himself Beyond The Reach Of The Law — Which Certainly Wouldn’t Be Uncharacteristic Of That Thuggish Little Weirdo →

Los Angeles City Council

Jocelyn Duarte Wrote A Letter To Mitch O’Farrell Supporting Herb Wesson’s Anti-Gadfly Motion — In Fact It Was Her Kid Whose Ears Famously Got Covered Due To Armando Herman’s Foul Mouth — Duarte Is The Interim Executive Director Of The Salvadoran-American Leadership And Educational Fund — O’Farrell Staffie David Giron Is SALEF’s Vice President — Who Presumably Will Decide If Her Position Is Made Permanent — Astroturfing Much? — Daily Irony Supplement: A Bunch Of Angry Rich White People Disrupt Public Meeting — Scream At David Ryu About Homeless Shelters — Don’t Get Banned From Future Meetings — Let Alone Ejected From That One — Or Even Arrested For Violating §403 PC

September 21, 2018 Mike Leave a comment

Oh man, the whole damn city is buzzing over Herb Wesson’s latest attempt to use the U.S. and the California Constitutions as so much toilet paper just in order to score an ephemeral point or two against his nemeses Armando Herman and Wayne Spindler. Noted civil rights lawyer Stephen Rohde, who’s grown rich and fat from our City Council’s previous transgressions against freedom and decency, even had a piece in City Watch about it.

Kerry Morrison of the Hollywood Property Owners’ Alliance, who never met a fascist she didn’t worship the walking-on-ground of,¹ predictably wrote an intensely stupid letter to the Times supporting Wesson. And the interim executive of the Salvadoran-American Leadership and Educational Fund, Jocelyn Duarte, famously had to cover her kid’s ears to keep out Armando Herman’s admittedly foul language and then she wrote this letter to Mitch O’Farrell begging him to think of the damn children.²

Herb Wesson famously solicited the letter from Duarte, just as this master of astroturfing famously solicits letters of support for all manner of his crackpot ideas.³ But this letter from Jocelyn Duarte is astroturfed in a whole different dimension. Take another look at the actual letter. See the board of directors on the left. Notice Mitch O’Freaking Farrell’s legislative director David Giron listed there. Note that Jocelyn Duarte is the interim executive director. And who else but David Giron and his board cronies is going to be filling the permanent position? Oh, of course, Mitch O’Farrell, who also never met a fascist he didn’t adore, seconded Wesson’s motion.

In one sense there’s nothing that shocking here. Our City’s council files are, it turns out, just full to the very rim with this kind of stage-managed illusion of popular support for every random whim of every random Council repster, submitted on demand in the hope of currying favor for God knows what sinister purposes. In another sense, it really is shocking, or at least interesting enough for me to keep writing about! Of course there’s a transcription of the letter after the break.

Before that, though, watch this video of a bunch of angry rich white anti-homeless people screaming at David Ryu last night to the point where he could no longer speak. See the cops standing around watching? No one’s getting clubbed, tased, banned from future meetings, arrested, or even ejected, which is amazing because, unlike saying “fuck” at a Council meeting, this kind of thing is actually a freaking crime.⁴ But of course these rich angry white people don’t bother Herb Wesson and the rest of them at all. No need to pass new laws against them or even to enforce existing ones. These angry rich white people make freaking campaign contributions!
Continue reading Jocelyn Duarte Wrote A Letter To Mitch O’Farrell Supporting Herb Wesson’s Anti-Gadfly Motion — In Fact It Was Her Kid Whose Ears Famously Got Covered Due To Armando Herman’s Foul Mouth — Duarte Is The Interim Executive Director Of The Salvadoran-American Leadership And Educational Fund — O’Farrell Staffie David Giron Is SALEF’s Vice President — Who Presumably Will Decide If Her Position Is Made Permanent — Astroturfing Much? — Daily Irony Supplement: A Bunch Of Angry Rich White People Disrupt Public Meeting — Scream At David Ryu About Homeless Shelters — Don’t Get Banned From Future Meetings — Let Alone Ejected From That One — Or Even Arrested For Violating §403 PC →

Announcements, Business Improvement Districts, Los Angeles City Council

Two New Coffee Mugs! — One Featuring Angry Studio City Clown And Board Member Matthew Dunn! — Commemorating His Epic Freakout Slash Walkout! — The Other In Honor Of Councildude Gil Cedillo’s Propensity For Being All Things To All People! — Featuring An All New Never Before Seen Cartoon! Get Both Today!!

September 21, 2018 Mike Leave a comment

After Monday’s epic freakout by Studio City BID board member Matthew Dunn, in which he ended up storming out of his own meeting because he hates America, freedom, mom, apple pie, and the California Constitution, I was so moved that just merely writing this mocking post about the guy wasn’t enough to express my feelings. Hence I designed an entirely new coffee mug, which, as always, you can buy on the MK.Org CafePress store by clicking right here! It’s a perfect gift for commemorating birthdays, bat mitzvahs, retirements, involuntary commitments, every significant family occasion!

And while you’re at the store you should check out this other brand new mug! This one features Gil Cedillo and plays on his propensity for being all things to all people, talking up immigrant rights and radical Latino politics on the one hand while selling off the neighborhoods in his council district to developers who then price the present inhabitants right out of there. The cartoon appears at the head of this post!

And, as always, turn the page for links to the full-sized image files used to generate the mugs so you can see exactly what you’re spending your money on.
Continue reading Two New Coffee Mugs! — One Featuring Angry Studio City Clown And Board Member Matthew Dunn! — Commemorating His Epic Freakout Slash Walkout! — The Other In Honor Of Councildude Gil Cedillo’s Propensity For Being All Things To All People! — Featuring An All New Never Before Seen Cartoon! Get Both Today!! →

Business Improvement Districts

Studio City BID Board Meeting Spectacular! — Legally Captured On Video For Your Amusement And Edification! — Board Member And Angry Clown Matthew Dunn Flips Out At Being Filmed! — Throws Tantrum! — Storms Out! — Like A Whiny Damn Baby! — This Is The Kind Of Person The City Of Los Angeles Entrusts Its Public Funds To! — Pedantically Incompetent Flunky Damian Gatto Almost Violates The Brown Act! — Saved At Last Moment By Emmy-Winning Zeck Dreck John Walker! — A Fun Time For All! — Or At Least For Me!

September 19, 2018 Mike Leave a comment

Oh for goodness sake, friends! Day before yesterday I took an astonishingly complex combination of public transit routes out to the the wild and untamed-by-rule-of-law hinterlands of Studio City to attend my very first meeting of the board of directors of the Studio City BID. And Lord, what a scene! What a raving conglomeration of angry white men! I have a serious topic to write about with respect to this meeting, but there are some things I have to take care of first, so it’ll have to wait. Thus, tonight, you get a lighthearted highlights slash bloopers reel of some of the oh so crazy antics of these oh so crazy folks.

When I first arrived in the meeting room⁵ there were board packets at every seat at the table. Board packets everywhere! Additionally, incompetently pedantic flunky Damien Gatto was shuffling self-importantly about the place so I asked him to see a copy of the packet. Now, I don’t tend to ask BIDdies for any favors, because what’s the point? And this request for a board packet to look at was not asking for a favor. The Brown Act at §54957.5 requires any materials distributed to the board for a meeting to be made available to the audience immediately.⁶

Evidently pedantically incompetent flunky Damian Gatto never heard about this, though, because, says he, he’s only going to give me the minutes and the agenda, and not the financials cause, says he, they’re secret. So I said “why” and he said, in a performative demonstration of his pedantry, his incompetence, “because we don’t have to, that’s why.” Hmmm. Gotta love the intense commitment to public service evinced by this pocky little sucker on the public tit, eh?

Anyway, he then stumbled off to his lair where, I am guessing, he was set straight by Emmy-award-winning zeck dreck John Walker,⁷ because when he came back with the goodies they did, lo and behold and so on, include the top secret financials. You can read that toppest secretest board packet, complete with the ultra-toppest ultra-secretest financials that spotty little minion Damian Gatto did not want you to see by clicking right here!

Now, that’s all interesting, I’m sure, but by now it’s not news that these rampaging BIDdies don’t have the first clue how the Brown Act works.⁸ This little incident, though, was far, far from being the weirdest, lunatic-est, most-signifying-of-a-delusional-level-of-cluelessness-est, incident at this meeting. Those honoraria go to the bizarre little hissy pitched by board member Matthew Dunn who, it seems, doesn’t like to have his picture taken⁹ even though the right to record meetings is explicitly guaranteed by the Brown Act.¹⁰ Turn the page for details, links, and, of course, a transcription!
Continue reading Studio City BID Board Meeting Spectacular! — Legally Captured On Video For Your Amusement And Edification! — Board Member And Angry Clown Matthew Dunn Flips Out At Being Filmed! — Throws Tantrum! — Storms Out! — Like A Whiny Damn Baby! — This Is The Kind Of Person The City Of Los Angeles Entrusts Its Public Funds To! — Pedantically Incompetent Flunky Damian Gatto Almost Violates The Brown Act! — Saved At Last Moment By Emmy-Winning Zeck Dreck John Walker! — A Fun Time For All! — Or At Least For Me! →

Street Vending

SB 946, Ricardo Lara’s Safe Street Vending Bill, Signed Into Law By Governor Jerry Brown Yesterday! — This Is A Huge Victory For Human Beings In California Over The Dark Forces Of Money, Racism, And Weirdo Puritanical White Privilege — Also A Huge Slap-Down For The BIDs Of Los Angeles, Who Evidently Don’t Control Everything

September 18, 2018 Mike Leave a comment

It has been a long and exciting eight months since Ricardo Lara introduced SB 946 in order to limit the ways in which cities in California are allowed to regulate street vending. Yesterday, thank goodness, it was signed into law by Jerry Brown. The preamble¹¹ is a powerful statement of the value that street vendors bring to our City and to other cities around the state:

SECTION 1. (a) The Legislature finds and declares all of the following:

(1) Sidewalk vending provides important entrepreneurship and economic development opportunities to low-income and immigrant communities.

(2) Sidewalk vending increases access to desired goods, such as culturally significant food and merchandise.

(3) Sidewalk vending contributes to a safe and dynamic public space.

(4) The safety and welfare of the general public is promoted by encouraging local authorities to support and properly regulate sidewalk vending.

(5) The safety and welfare of the general public is promoted by prohibiting criminal penalties for violations of sidewalk vending ordinances and regulations.
…
(b) It is the intent of the Legislature to promote entrepreneurship and support immigrant and low-income communities.

The law reads as if it were written explicitly in response to the weirdo racist antics of the business improvement districts of Los Angeles, displayed during their years-long struggle to keep street vending illegal here. Also, this law completely moots the ridiculous regulatory framework that the City of Los Angeles has been struggling with for years on end, riddled as it’s become with hyperspecific carve-outs meant to appease this or that BID.¹²

It’s really informative to compare this law with this set of proposals made earlier this year by the Central City Association, which speaks exclusively for the BIDs and zillionaires of Los Angeles. For instance, the CCA and the BIDs want to limit vendors to two per block face. But the law says:¹³
A local authority shall not restrict the overall number of sidewalk vendors permitted to operate within the jurisdiction of the local authority, unless the restriction is directly related to objective health, safety, or welfare concerns.¹⁴
The CCA and the BIDs want to require vendors to obtain property and/or business owner consent. As we’ve seen, this kind of restriction is really easily exploitable to function as a de facto ban. The law says:¹⁵
A local authority shall not require a sidewalk vendor to first obtain the consent or approval of any nongovernmental entity or individual before he or she can sell food or merchandise.

And turn the page for more comparisons as well as the full text of the law.
Continue reading SB 946, Ricardo Lara’s Safe Street Vending Bill, Signed Into Law By Governor Jerry Brown Yesterday! — This Is A Huge Victory For Human Beings In California Over The Dark Forces Of Money, Racism, And Weirdo Puritanical White Privilege — Also A Huge Slap-Down For The BIDs Of Los Angeles, Who Evidently Don’t Control Everything →

Brown Act Pragmatics, Business Improvement Districts

Victory!! — Byzantine Latino Quarter BID Totally Caves To My Brown Act Demand Letter! — Unequivocally Abject Submission On The Part Of The BID! — BID Issues Unconditional Commitment Never Ever Ever To Violate The Brown Act By Deliberating In Secret Via Email! — If They Do I Get To File Suit Against Them Without Notice! — Yay!

September 15, 2018 Mike Leave a comment

Last month, faced with an unending series of violations of the Brown Act by the business improvement districts of Los Angeles and an astonishing unwillingness of the LA County DA to do anything about it, I kicked off a private enforcement project by sending a demand letter to the Byzantine Latino Quarter BID, which had been discussing BID business in secret by email in flagrant violation of §54952.2(b).¹⁶

The process I’m using relies on the Brown Act at §54960.2, which requires a government agency, such as a BID, to respond within thirty days to such a demand with an unequivocal commitment never to break the law again or else to face a petition asking a judge to declare that they did indeed break the law.

And I was indeed poised to file against the BID if they didn’t cooperate with the process, but it turns out not to be necessary! Yesterday afternoon I received this letter, signed by BID president Leonardo Magaña, caving in to every last one of my¹⁷ demands! Of course this is by far the wisest course for the BID to take.

They’re not required to admit guilt, although they were guilty beyond any level of doubt. They’re just required to promise not to break the law in the future. Why wouldn’t they promise this given that it immunizes them from a lawsuit?

The only catch for them is that if they do violate this section of the Brown Act again I can file a petition without warning them first. And don’t worry, I will do exactly that! Turn the page for a transcription of the BID’s unconditional abject capitulation!
Continue reading Victory!! — Byzantine Latino Quarter BID Totally Caves To My Brown Act Demand Letter! — Unequivocally Abject Submission On The Part Of The BID! — BID Issues Unconditional Commitment Never Ever Ever To Violate The Brown Act By Deliberating In Secret Via Email! — If They Do I Get To File Suit Against Them Without Notice! — Yay! →

Business Improvement Districts, Los Angeles City Government, Street Vending

Once Again The City Of Los Angeles Was Pushed To The Very Brink Of The Precipice Of Batshit Insanity By Business Improvement Districts And Their Unhinged Obsession With Controlling Every Aspect Of Public Life In Los Angeles — And Unexpectedly Stepped Back And Just Said “No” — Is Holly Wolcott Going To Lose Her Job Over This?

September 12, 2018 Mike Leave a comment

As you’re no doubt aware, the City of Los Angeles has been trying for years to put together a proposed ordinance legalizing street vending.¹⁸ The problem, of course, is that business improvement districts and other zillionaire-associated pressure groups hate street vending with a passion that is so incomprehensible, so devoid of rationality, that no one can appease them. No matter what concessions the City gives them they want more. The absolutely unhinged nature of their psychotic demands are exemplified, e.g., in this tragic tale from the Westchester Town Center BID.

In March of this year the Central City Association distilled all these lunatic demands into a concise three page document. They include, among many other things, the ability to exclude street vendors from any part of the City for no reason, the ability to confiscate their carts if they look at the BID patrol crosseyed, the ability for property owners to veto their presence for no reason, and the requirement that street vendors pay extra money to business improvement districts for the privilege of operating within their boundaries.

Now, the City Council, usually willing to do whatever BIDdies ask them to do, has had to be somewhat more circumspect when it comes to street vending because of the intense public scrutiny. The state-level Democratic Party, e.g., has taken up general legalization as a social and economic justice issue, leading to the overwhelming passage of Ricardo Lara’s SB-946 a couple weeks ago.¹⁹ But more circumspect or not, they still have to give the BIDdies some respect or they’ll cut off their access to that rich source of campaign contributions.

This is probably why the Economic Development Committee asked the City Clerk to report back on how to make street vendors who operate within BIDs pay extra fees that would go to the BIDs as, I don’t know, like protection money or something. These report-backs typically reflect the deep psychosis of this City’s zillionaires, who really seem to think that their thoughts and feelings are objectively important rather than being only contextually important, with the context, of course, being campaign contributions.²⁰

So what a surprise it was to learn that Holly Wolcott has filed a gem of a report, which calmly and decisively explains to the City Council that actually any such fee scheme would be illegal. What?! Wolcott explicitly suggests that if street vendors in BIDs create extra costs for the BIDs the BIDs can budget money to pay for them but they cannot legally force the vendors to pay.

Holly Wolcott, pretty famously, recently flipped out over the fact that the Venice Beach BID collected far more than a million dollars for 2017 and then didn’t actually do anything at all. She schemed successfully to force the BID to refund the unspent money, and, in the midst of a great deal of personal tension between the BIDdies and the Clerk’s office, the money was in fact refunded. Perhaps this uncharacteristically non-BID-agreeing-with report-back is more of the same? I’m not sure, but it sure is welcome. Turn the page for a transcription of Holly Wolcott’s peculiarly sensible report!
Continue reading Once Again The City Of Los Angeles Was Pushed To The Very Brink Of The Precipice Of Batshit Insanity By Business Improvement Districts And Their Unhinged Obsession With Controlling Every Aspect Of Public Life In Los Angeles — And Unexpectedly Stepped Back And Just Said “No” — Is Holly Wolcott Going To Lose Her Job Over This? →

Brown Act Pragmatics, Central City East Association

Remember That Time In February When The Central City East Association Violated The Brown Act By Voting On An Item That Wasn’t On The Agenda? — Well Now Their Lawyer Lied About It To The District Attorney — And Estela Lopez Retroactively Edited The Minutes From February — Which Is The Kind Of People The City Contracts With To Run Their BIDs — And That’s Why The District Attorney Isn’t Prosecuting Them

September 12, 2018 Mike Leave a comment

OK, in February of this year Estela Lopez introduced a motion at the Central City East Association Board meeting that wasn’t on the agenda. This is a violation of the Brown Act at §54954.2(a)(3), which states unequivocally that: “No action or discussion shall be undertaken on any item not appearing on the posted agenda.” Naturally I turned them in to the District Attorney immediately. And you might think that because the whole mishegoss was captured on actual video the DA might actually do something about it.

But you’d be wrong. It seems that the willingness of the CCEA’s lawyer to lie to the face of a deputy DA and Estela Lopez’s willingness to alter the minutes of the meeting months after the fact is enough to escape from any consequences of this violation. This kind of outcome is precisely why I found it necessary to start my own Brown Act enforcement program.

And because I have this new capability, of private Brown Act enforcement, on August 20, 2018, having heard nothing for six months, I sent an email to Alan Yochelson, who runs the DA’s Brown Act enforcement program, asking him what was up with my complaint and telling him that I would take action myself if the DA wasn’t going to do so.

On August 21, 2018 he emailed me back and said that he hadn’t decided yet but he would let me know in seven days, on August 28. Yochelson ended up talking to CCEA’s lawyer, who I think would have been Don Steier, but I don’t know for sure. The lawyer seems to have told Yochelson that he immediately pointed out the violation to the Board and they immediately revoked their illegal action.

Estela Lopez definitely edited the February minutes on August 23, which now confirm the lawyer’s version. The trouble with the story is that, as I said, I have the whole meeting on video and nothing like this happened at that meeting. In any case, these conversations between Yochelson and CCEA ended up with the DA’s office declining to take action, as explained in this determination letter, sent out on Monday.

Of course I still have the option to take action privately, and I’m in the process of evaluating that option. The section I’d use, §54960.2 allows nine months after the violation, which is November 22, 2018, to initiate the process. Watch this space for further developments, and turn the page for a more detailed narrative along with links to and transcriptions of all the evidence.
Continue reading Remember That Time In February When The Central City East Association Violated The Brown Act By Voting On An Item That Wasn’t On The Agenda? — Well Now Their Lawyer Lied About It To The District Attorney — And Estela Lopez Retroactively Edited The Minutes From February — Which Is The Kind Of People The City Contracts With To Run Their BIDs — And That’s Why The District Attorney Isn’t Prosecuting Them →

LAPD

LAPD Officer Michael Ling Labels Annual BET Experience In Late June “One Of The Most Troublesome Times” Of The Year In Hollywood — Due To Black People “Spilling From Downtown Into Hollywood” — Circulates List Of Nightspots That Cater To Those People — Advises Officers To “Be Vigilant” — Makes The Obligatory Unsupported Reference To Street Gangs — Because Black People, Amirite?

September 9, 2018 Mike Leave a comment

Here’s the briefest possible background. At least since 2015 Kerry Morrison of the Hollywood Property Owners’ Alliance has been carrying on a vendetta against minority-serving nightclubs in Hollywood, in which she was eagerly joined by weaselly little whiteboy Mitch O’Freaking Farrell and his loyal crew of bald-headed freaks at the LAPD. This led to hearings in City Hall followed by a series of despicable and illegal license revocations followed by a bunch of distastefully gleeful public cackling by Kerry Morrison.

Subsequently in 2016 I filed a public records act request with the LAPD hoping to shed some light on these ongoings. The cops dragged their feet for two freaking years, but last month finally did release a ton of really important material about the LAPD’s BID-inspired racist vendetta against bars in Hollywood that dare to serve liquor to negroes. There’s so much that I’m laying it on you in increments. The whole set is available here on Archive.Org, and the first article in this series is here and today we turn to an email about how LAPD perceives the annual BET Experience event at LA Live. Foreshadowing: They don’t like it, not hard to guess why.

So as I’m sure you’re aware, the BET Experience is a four day annual event culminating in the BET Awards. It’s like the Oscars, the Emmys, the Grammys, and so on, with one major difference. The honorees, the performers, the staff, the audience, they’re mostly Black people. And as you might guess, that makes all the difference in the world to the LAPD.

And therefore thus spake LAPD Hollywood officer Michael Ling:“As you know, this weekend is one of the most troublesome times in the HED due to the increase [sic] patronage to the area in light of the BET Experience spilling from the downtown area into Hollywood.” Isn’t the language colorful? According to this LAPD genius, it’s not just yet another huge industry event Downtown with participants coming to Hollywood to drink and dance and have a good time. Instead we have people “spilling from the downtown area into Hollywood.” You know, like slop buckets or whatever.

And in case the recipients don’t get the point, “Like many years before, alcohol and violent [sic] seems to go hand in hand.” He closes with a list of “venues that are cater [sic] to the festivities” and “Advised our officers to be viligant, increase awareness and BE SAFE.” Because BET Experience. Like the Oscars. Like the Emmys. Like the Grammys. But Black people. Therefore a list of bars for cops to give extra attention to. Because (with those people anyway) “alcohol and violent seems to go hand in hand.”Turn the page for a complete transcription.
Continue reading LAPD Officer Michael Ling Labels Annual BET Experience In Late June “One Of The Most Troublesome Times” Of The Year In Hollywood — Due To Black People “Spilling From Downtown Into Hollywood” — Circulates List Of Nightspots That Cater To Those People — Advises Officers To “Be Vigilant” — Makes The Obligatory Unsupported Reference To Street Gangs — Because Black People, Amirite? →

Business Improvement Districts, Lawsuits, Public Records Act Pragmatics

VICTORY!! On Advice Of Carol Humiston, The World’s Angriest CPRA Lawyer, Melrose And Westchester BIDs Both Agree To Pay My Even-Tempered Attorney, The Incomparable Anna von Herrmann, Beaucoup De Bucks To Settle CPRA Petitions Brought Due To The Weirdo Incompetence Of Donald Freaking Duckworth, Their Hatchet-Faced Goblin Of A Zeck Dreck — Perhaps They Will Be More Compliant In The Future? — Perhaps The City Of Los Angeles Will Intervene And Enforce Compliance To Stop BIDs Bleeding Public Money Out Of Arrogance And Inability? — Probably Not, But I Can Dream

September 7, 2018 Mike Leave a comment

Of course you recall that in June of this year, my hand forced by the bizarro-world intransigence of BIDdological freak show specimen Donald Duckworth, executive director of both the Westchester Town Center BID and the Melrose BID, I had no recourse but to file a couple of writ petitions asking a judge to splain them that it wasn’t cool to openly flout the California Public Records Act just because they happen to be a gang of zillionaires and zillionare-associated minions. Soon thereafter El Duckworth suffered a severe attack of conscience and handed over all the disputed records.²¹

This development was good in at least two senses. First of all and most importantly it was good for the immortal soul of Mr. Duckworth, although as he was pretty clearly motivated by his anticipation of exposure and/or punishment his contrition was imperfect. Second of all it was good for my case because if a previously noncompliant agency, such as a BID, hands over records as a result of a petition being filed, the petitioner, such as me, automatically wins and the judge is required to award attorney’s fees.

This nondiscretionary outcome gives the respondent a powerful motive to hurry up and settle once records have been produced. Since they’re going to have to pay the petitioner’s attorney their best move is to minimize the amount of work done by opposing counsel. El Duckie’s two BIDs hired Carol Humiston, the world’s angriest CPRA attorney. And those, after a lot of characteristically Humistonian bluster and bullshit, are precisely the lines along which she seems to have advised her clients, which is why they have agreed to hand over a lot of damn money in exchange for settling the case.

This of course is a great victory for the forces of good, the side of the better angels of this City of Angels, and so on. Now let’s hope that this development along with the high costs that other BIDs have already paid,²² will convince them that it’s cheaper, easier, and more responsible to just hand over the damn records when I ask for them rather than fooling about wasting other people’s money in a series of ultimately futile and expensive attempts to keep the goods away from me just because they don’t like being called mean names on the Internet.

Also we can hope that this victory along with the others, past and future, will convince the City that if the BIDs can’t act responsibly they need to be made to do so. Whatever happens, of course you’ll read about it here! And turn the page for a rare and coveted image of MK.Org secret headquarters this very night just after we got the news! And here’s the damn soundtrack!
Continue reading VICTORY!! On Advice Of Carol Humiston, The World’s Angriest CPRA Lawyer, Melrose And Westchester BIDs Both Agree To Pay My Even-Tempered Attorney, The Incomparable Anna von Herrmann, Beaucoup De Bucks To Settle CPRA Petitions Brought Due To The Weirdo Incompetence Of Donald Freaking Duckworth, Their Hatchet-Faced Goblin Of A Zeck Dreck — Perhaps They Will Be More Compliant In The Future? — Perhaps The City Of Los Angeles Will Intervene And Enforce Compliance To Stop BIDs Bleeding Public Money Out Of Arrogance And Inability? — Probably Not, But I Can Dream →