BID Patrol arrests per year 2007–2015Last month I reported that BID Patrol arrests had dropped off precipitously between 2014 and 2015. At that time I didn’t have the final arrest total for 2015, so annualized the figure from November to 666. Yesterday I received the actual figures, and the total number of arrests turns out to be even lower than suspected. The BID Patrol arrested only 606 people in 2015, compared to 1057 in 2015 (and a running average of 1183 between 2009 and 2014.1 As I said before, it’s hard not to attribute this massive drop-off to our scrutiny.2 Note that the standard deviation for those years is 107.7, so that the absolute change of 451 arrests is 4.18 standard deviations, meaning that this result is exceedingly unlikely to be due to chance. I also really have to wonder, if they can arrest over 40% fewer people year over year,3 what were they even arresting them all for in the first place? Continue reading Final Figures for 2015 Show that Arrest Rate Reduction Even Higher than Estimated: 42.7% Drop From 2014 Total, Which is 4.18 Standard Deviations from the 2009-2014 Mean→
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 1983.4 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.5 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.
BID Patrol officer Robert E. Reyes (badge #117, on left) illegally arrested a man in Selma Park in 2008.
We’ve been writing for 6 months now about how the HPOA put up phony signs in Selma Park in Hollywood (illegally) declaring it off-limits to adults unaccompanied by children and how the BID Patrol spent the next eight years falsely arresting people and ejecting them from the park, until we got the signs taken down by the City in September 2015. Kerry Morrison told our faithful correspondent that “A/I says that after looking into this, it is unlikely that any arrests ever were made by A/I in Selma Park with specific regard to the signs and penal code section you recite (as opposed to public urination, drinking, and other reasons)…” Man arrested in 2008 for being in Selma Park without a child.
Well, we’ve been receiving the BID Patrol’s arrest reports and daily activity logs for a while now, and recently we obtained the complete 2008 set (arrests here and daily logs here). We’ve known that Kerry’s claim was wrong for a while now (e.g. see here) and the 2008 materials provide even more evidence that she was misled by Andrews International6regarding their course of conduct in illegally arresting multiple people in the park over the years.
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 me7 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.8 I subsequently tallied up the arrests and the referrals for the time period by hand9 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.10 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;
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.
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→
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 copies11 to publish here, I’m taking advantage of good old section 6253(a) of CPRA,12 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. 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 photograph13 a description of the very first CPRA request known to have been received by the HPOA (on February 5, 2003).
Well, getting records out of the Downtown Center BID is like pulling teeth from a fricking hippopotamus,14 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.15 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:
