John Tronson and Kerry Morrison at the March 17, 2016 meeting of the HPOA Board of Directors. Despite appearances, Ms. Morrison evidently did not throw that pencil at anyone during this meeting.Recall that last month the Hollywood Property Owners Alliance spent a good 40 minutes yammering on about a misbegotten plan of Peter Zarcone’s and Bill Farrar’s to have their armed minions, the BID Patrol, stay out way past everyone’s bed-time in order to put the old kibosh on the herds of outta-control dark-skinned people who, at least in the BIDsies’ fantastically fretful obsessive delusional view of things, occupy the Boulevard on weekend nights. Well, Zarcone got transferred, Steve Seyler backed off the plan, and Kerry Morrison told the Central Hollywood Coalition on March 8: “Yeah…it’s not happening.” A good friend of this blog wrote to Mitch O’Farrell asking him not to pay for this nonsense, and we found out just a couple days ago that as early as February 22, O’Farrell staffers Rodriguez and Halden had concerns about the plan that they took to their boss. We can’t say for sure (yet) what drove the dispositive stake through the heart of Bill Farrar’s vampire baby, but whatever it was, evidently no one explained the full extent of the deadness to John Tronson.
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→
Public urine in Hollywood belongs in a public restroom. But what counts as public?While poking around BID Patrol arrest reports recently obtained from the HPOA by our faithful correspondent, we noticed a weird, repetitive quirk in the ones relating to LAMC 41.47.2, which forbids public urination. The arresting security guards uniformly either ask their victim if he or she knew of the existence of public restrooms close by or else they note in their report that there were public restrooms close by. Now, whenever one finds this kind of textual consistency in police reports it’s possible to be sure of two things. First, there’s some element of the crime that they’re trying to make sure is definitely established. Second, that they’re probably lying. In this case, it was hard to see what element might be related to the proximity of public restrooms. The law doesn’t mention them, and is not subtle in the least:
No person shall urinate or defecate in or upon any public street, sidewalk, alley, plaza, beach, park, public building or other publicly maintained facility or place, or in any place open to the public or exposed to public view, except when using a urinal, toilet or commode located in a restroom, or when using a portable or temporary toilet or other facility designed for the sanitary disposal of human waste and which is enclosed from public view.
But a little googling revealed the explanation, among other interesting things. First, public urination wasn’t against the law in the city of Los Angeles until 2003. We’re guessing that there was no pressing need to make it so because vagrancy laws could be used against public urinators as desired until they were definitively destroyed in 1983.1 So maybe outlawing public urination wasn’t as urgent as, e.g., squashing drinking beer in the park (which was outlawed in LA only in 1983) and also, the LA Times suggested that previously public urinators were charged with littering, but that the City Attorney decided that that was bogus. In any case, the Council file on the matter shows, surprisingly, that it took more than four years to get the prohibition passed into law. There doesn’t seem to have been any public discussion of the matter before it passed, either, although it may be just that the online materials from that long ago are fragmentary.
Second, the LA Times article quoted the objections of members of the Los Angeles Community Action Network and other homeless advocates to a law which criminalized essential bodily functions of the homeless, and in response, after the law was passed, according to the Times, “Council members pledged that people would be prosecuted only in cases when there is a public toilet nearby that they failed to use.” So this is why, no doubt, the BID Patrol feels that it has to note the locations of nearby “public” restrooms in its arrest reports. Their weirdo interpretation of the meaning of “public” also shows why it’s necessary to put things like the “public restrooms available” pledge in the law itself. Actually, once the law is passed, it doesn’t matter what Councilmembers say they meant it to mean, it only matters what it says. This is how the rule of law works in a free society. Also, isn’t it very suspicious but unfortunately not surprising that they put the fuzzy-wuzzy warmsy-hugsy interpretation of the law in the paper but not in the statute books?
And that’s not the worst thing about this nonsense. Even if the City Council intended the law to be enforced this way, even if the freaking Mayor ordered the LAPD only to enforce the law this way, none of that would reign in the BID Patrol. They are essentially beyond the control of public policy and beholden only to the written letter of the law.2 As we’ve discussed before, according to LAPD Commander Andrew Smith, if a citizen’s arrest is made, the LAPD must accept custody of the arrestee even if the arrest was made contrary to public policy.
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 me3 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.4 I subsequently tallied up the arrests and the referrals for the time period by hand5 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.6 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;
Well, getting records out of the Downtown Center BID is like pulling teeth from a fricking hippopotamus,7 but after almost four months and one exceedingly detailed complaint to the Los Angeles City Clerk about their general bloody-minded uncooperative stonewalling, they have released a bunch of records relating to their public relations firm, Macy + Associates.8 You can find this material here on the Archive. Note that they’re, as usual, mercilessly and certainly illegally redacted. I’m working on this, but I don’t expect any results quickly.
Also, the big prize, obtained yesterday, is 2007 arrest reports and daily activity logs from the Andrews International BID Patrol. These are also on the Archive:
Councilmember Mitch O’Farrell
200 N Spring St #450
Los Angeles CA 90012
Dear Councilmember O’Farrell,
I am writing to you regarding plans that the Hollywood Property Owners Alliance and the Los Angeles Police Department are making to extend the patrol hours of the Andrews International BID Patrol in the Hollywood Entertainment District until 4 a.m. In particular, I heard at the last HPOA board meeting that you were considering funding all or part of this program from your discretionary money. If this report is accurate, I hope that you will ultimately decide not to fund an expansion of BID Patrol hours in Hollywood. Here are a number of reasons why I think your funding this project would be a bad idea:
1. Regardless of the intention, it looks like a way to evade Police Commission oversight of law enforcement in Hollywood: This expansion of the BID Patrol’s operations is apparently being planned at the request of Hollywood Divison’s Commanding Officer Peter Zarcone. If it’s implemented it will therefore create a City-funded group of quasi-police assembled at the City’s request who are not subject to any kind of civilian oversight or control. I understand that in some technical sense the BID Patrol aren’t police, but this plan makes that seem even more like a distinction without a difference than it already does. Continue reading An Open Letter to Mitch O’Farrell Regarding Plans to Fund Andrews International BID Patrol Operations in Hollywood→
BID Patrol officer Mike Ayala (badge #107), prompted by a complaint from Starbucks, encourages a homeless woman to leave the corner of Sunset and Vine.This morning at about 8:00 a.m. BID Patrol officer Mike Ayala (badge #107) and his partner, whose name we don’t yet know, told a woman camped out at the Southeast corner of Sunset and Vine that she’d have to move on because the management of the Starbucks there had complained. Our correspondent happened to be walking by and caught the last nine minutes of the incident on video. Naturally, not much happened. Even the BID Patrol is going to think twice about arresting someone on a nonsense LAMC 41.18(d) charge while on camera. There were two interesting things about the episode, though. Continue reading BID Patrol Wakeup Call at Sunset and Vine Captured on Video this Morning→
Peter Zarcone at the February 18, 2016 meeting of the Hollywood Property Owners Alliance Board of Directors meeting.
On Thursday, February 18, 2016, the Board of Directors of the Hollywood Property Owners Alliance met. The main topic of conversation was a request from LAPD Captain Peter Zarcone, commanding officer of Hollywood Station, to the BID to arrange for the BID Patrol to work until 4 a.m.9 The idea seems to be that this would relieve the LAPD somewhat. The HPOA has been in conversation with Mitch O’Farrell, who is said to be eager to pay for some or all of this project out of his discretionary funds. There was also a brief mention of plans to deputize the BID Patrol so that they would be able to issue citations. I will be writing much more about this, but I wanted to get it up here soonest, since it ended up taking far longer than I expected to transcribe the discussion, which went on for over forty minutes. You can see the first part beginning here, and it’s continued in the second part here. Transcription after the break. Continue reading LAPD Asks HPOA to Arrange for Late-Night BID Patrol Hours, HPOA Agrees to Pilot Program; Mitch O’Farrell Said to be Eager to Pay Costs. Also, Plans to Deputize BID Patrol May be in Works→
Following six years of essentially level arrest rates (1184 per year on average) between 2009 and 2014 inclusive, as of November 2015 the Andrews International BID Patrol was on track to make only 665 arrests in Hollywood last year.10 This represents a 36.99% drop, which is exceedingly unlikely to be due to chance.11 Long-time readers of this blog will recall that in December 2014 we discovered that on October 10, 2014, the very day after my first visit to a BID meeting of any kind, Steve Seyler wrote to Kerry Morrison, stating: Continue reading 37% Reduction in BID Patrol Arrests from 2014 to 2015 Almost Certainly Due to Our Scrutiny→
BID Patrol Officer Courtney Kanagi (badge #130) in 2011.A search of the newly released 2013 daily activity logs of the BID Patrol reveals 50 mentions of the Hollywood Farmers’ Market. You can read all of these with links to the logs at the bottom of this post. Now, we have written before about how the BID Patrol only arrests and warns homeless people for violating the abhorrent LAMC 41.18(d). Finally we have conclusive proof that this is true on a massive, previously unsuspected scale, and it comes from the BID Patrol’s own logs.
Here is just one example out of many, many, many. On March 11, 2013 at 11:50 AM, BID Patrol Officers Courtney Kanagi (badge #130) and G. Merkens (badge #112) recorded the following activity:
1150 BACK-UP FB3: FARMER’S MARKET (IVAR/SELMA); INFORMATION BOOTH CALLED RE: A MALE TRANSIENT AGGRESSIVELY PANHANDLING; OFFICERS MET UP WITH THE SECURITY AND FB3; OFFICERS ADVISED MALE OF HIS VIOLATION; COMPLIED BY LEAVING THE AREA WITH NO FURTHER INCIDENT. Mass violations by non-homeless people of LAMC 41.18(d) on Cosmo Street on October 12, 2014 (and every other Sunday) go unaddressed by the BID Patrol.In other words, Kanagi and Merkens were in the Farmers’ Market at 11:50 AM and did not arrest, warn, or even mention the gangs of people who appear every single Sunday and sit on the sidewalk on Cosmo Street north of Selma to eat. But during this same watch they warned 37 (thirty-fricking-seven!) “TRANSIENTS” (their word) outside of the Market for violating LAMC 41.18(d). Three of these warnings took place a mere 15 minutes after Kanagi and Merkens logged their presence in the Market:
1205 CONTACT (3): HOLLYWOOD/CAHUENGA; OFFICERS OBSERVED 3 TRANSIENTS SITTING; ADVISED OF THEIR LAMC VIOLATION; COMPLIED BY STANDING UP AND LEAVING THE AREA WITH NO FURTHER INCIDENT.
