Category Archives: Business Improvement Districts

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.
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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.
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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.
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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 copies5 to publish here, I’m taking advantage of good old section 6253(a) of CPRA,6 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 photograph7 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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Downtown Center BID PR Materials from Macy + Associates, Hollywood BID Patrol 2007 Arrest Reports and Daily Logs

Screenshot from 2016-03-04 19:25:18Well, getting records out of the Downtown Center BID is like pulling teeth from a fricking hippopotamus,8 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.9 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:

There are almost certainly significantly many arrest reports missing, and some details on this may be found after the break if you’re interested.
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An Open Letter to Mitch O’Farrell Regarding Plans to Fund Andrews International BID Patrol Operations in Hollywood

March 2, 2016

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.
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BID Patrol Wakeup Call at Sunset and Vine Captured on Video this Morning

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.
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.
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The Central City Association Paid Carol Schatz $2,378,914 in 2012. That’s $2,478 per Hour.

Carol Schatz, how big was your salary in 2012?!
Carol Schatz, how big was your salary in 2012?!
Our recent post on how much the Downtown Center BID paid Carol Schatz in 2012 has been so popular that we thought (we don’t live in Hollywood for nothing!) that we ought to publish a sequel. See the headline for the content. You can read the tax return here or click on the image below. Note that with the money the DCBID paid her in 2012, she grossed more than $3.5 million that year. This works out to more than $100,000 per year for 35 years.
2012_cca_tax_return_clip


Image of Carol Schatz was produced by the office of Jose Huizar, making it a public record.

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Kerry Morrison Confessed to a Crime in the Pages of the LA Weekly in 2011 but Remained Unarrested by the BID Patrol

Kerry Morrison in 2010 explaining to a homeless man why she's allowed to sit on the sidewalk but he isn't.
Kerry Morrison in 2010 explaining to a homeless man why she’s allowed to sit on the sidewalk but he isn’t.
In 2011 the Andrews International BID Patrol arrested 103 people in Hollywood for violating the despicable LAMC 41.18(d), which, truly truly, outlaws sitting on the sidewalk in the absence of a parade. We have written oh so many times about how the BID Patrol does not arrest non-homeless violators of this law, and how this selective enforcement is particularly egregious in the case of the Hollywood Farmers’ Market. Well, imagine then, our surprise to read in an L.A. Weekly article from January 2011, our own Kerry Morrison, discussing how, even though she does not live in Hollywood at all and is probably far more at home at the Larchmont Market, held for some reason only zillionaires can grok at the same time as the Hollywood one, she thinks people who do live in Hollywood are a bunch of zombie NIMBYs from Hell cause they didn’t want to move the iconic Hollywood Farmers’ Market to some random parking lot due to the toys-from-pram whinging of the Film School at Sunset and Ivar. The point she seems to be making is that if the Market was moved, there would be more room for everyone and it would be a win-win situation all round, especially if you only ask the zillionaires, which seems to be Kerry’s modus operandi in such matters. Says Kerry, vis-a-vis crowded conditions:

Sometimes I actually have to sit on the curb to eat my pupusa. It seems like there’s so much opportunity for some expansion and breathing room — i don’t personally see how that would affect the urban charm.”

Continue reading Kerry Morrison Confessed to a Crime in the Pages of the LA Weekly in 2011 but Remained Unarrested by the BID Patrol

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New Documents: 2015 Emails to the Mayor’s Office from Kerry Morrison, Carol Schatz; All 2015 Fashion District Safe Team Daily Activity Logs

Carol Schatz in January 2008 at Bringing Back Broadway.
Carol Schatz in January 2008 at Bringing Back Broadway.
I have a number of interesting documents to announce this morning. There are emails to and from Eric Garcetti’s office in 2015:

Finally, there are the 2015 daily activity logs for the Fashion District Safe Team. These are interesting for a number of reasons, not least of which is that they barely seem to arrest anyone, in stark contrast to the outrageously high number of custodial arrests made by the Andrews International BID Patrol in Hollywood.
Continue reading New Documents: 2015 Emails to the Mayor’s Office from Kerry Morrison, Carol Schatz; All 2015 Fashion District Safe Team Daily Activity Logs

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