Street Vending Lawsuit: No Settlement Reached Yesterday

February 12, 2016 Mike Leave a comment

A man humiliated, arrested, and chained to a bench by the BID Patrol in Hollywood for selling t-shirts on the street. — A man humiliated, arrested, and chained to a bench by the BID Patrol in Hollywood in 2009 for selling t-shirts on the street.

This is an announcement of the merest of non-news. Yesterday the parties to the Aureliano Santiago et al. v. City of L.A. et al. met before federal magistrate judge Charles F. Eick to discuss a settlement of the case. In the terse description of the minutes:

Case called. Counsel make their appearances. The Court hears discussion. Parties retire to chambers to proceed with the settlement conference.

Settlement is not reached.

Continue reading Street Vending Lawsuit: No Settlement Reached Yesterday →

Downtown Center BID

The Downtown Center BID Paid Carol Schatz $1,126,156 in 2012. That’s $1,173 per Hour.

February 11, 2016 kohlhaas Leave a comment

A pearl of great price, but if you’re gonna hire a professional pearl clutcher, we guess you’ll expect to pay for professional-grade clutching pearls

Sometimes there’s really nothing to add to the headline. You can read the whole tax return here or click on the image below. The hourly figure is based on 20 hours/week and 48 weeks/year.

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Hollywood Property Owners Alliance

Greater West Hollywood Food Coalition Planning Move to Hollywood and Gower; HPOA Security on Alert

February 11, 2016 Mike Leave a comment

The Greater West Hollywood Food Coalition Kitchen at 1106 N. Cahuenga Boulevard.

Yesterday, while perusing the agenda of the January HPOA meeting, which I wasn’t able to attend, I noticed the interesting statement that the “Greater West Hollywood Food Coalition [is] seeking new location within Hollywood Entertainment District BID.” This was in the Security Subcommittee report, because the GWHFC in the eyes of the HPOA comprises (to paraphrase Ted Landreth) “enemies of the people.” Well, I hadn’t heard about this, and made a note to look into it. And, as it happens, I was over at the CD4 Hollywood Field Office this morning scanning some emails for a whole different project¹ when I came across this email chain between Ted Landreth of the GWHFC, Sarah Dusseault (CM Ryu’s Chief of Staff), Nikki Ezhari (CD4 Hollywood Field Deputy), and others, announcing the Food Coalition’s planned move to a location near Hollywood and Gower! They’re raising funds to buy property (give generously here) and are more than 25% of the way to their goal. Details on their plans for the property and some other comments after the break.
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Lawsuits

Document Filed in Federal Court Yesterday Suggests that LA Community Action Network, LA Catholic Worker v. City of LA, Central City East Association Lawsuit May Settle Within Two Weeks

February 6, 2016 Mike Leave a comment

CCEA Secret Headquarters at 725 Crocker Street, downtown Los Angeles.

A document filed in Federal Court yesterday suggests that the LACAN/LACW lawsuit against the City of LA and the CCEA over the illegal confiscation of the property of the homeless may be within a scant two weeks of a settlement. The document is a joint stipulation asking that discovery be delayed (but not the trial date; if you’ve been following the case you’ll recall that last November the parties asked Judge Gutierrez to delay the trial, but he refused. I suppose they’re not making the same mistake again). In any case, the pleading states that:

The settlement conferences with [Magistrate] Judge [Carla M.] Woehrle have been very productive, and based on the most recent settlement conference [on February 2, 2016] and subsequent discussions, parties are hopeful that further settlement discussions over the next two weeks may lead to resolution of many if not all matters in this litigation. The City of Los Angeles in particular has indicated that it needs additional time to consider Plaintiffs’ proposal but that it will be responding shortly.

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Announcements, Lawsuits

City of Los Angeles Ordered to Produce Documents, Promises to Pay Costs Incurred Due to Their Delays; Historic Core BID Documents Available

February 5, 2016 Mike 2 Comments

One of those hammers they seem to have in a lot of courtrooms.

One week ago, on Friday, January 29, there was a telephonic conference before Federal Magistrate Judge Andrew Wistrich, who’s handling what’s turned out to be a grueling discovery process in the LA Community Action Network and LA Catholic Worker lawsuit against the City of LA and the Central City East Association concerning the illegal confiscation of the property of homeless people. The minutes and associated order just showed up in the Court’s RSS feed this afternoon, and you can grab a copy here. It sounds like a hot time was had by all, and the upshot is that:

Counsel for the City represented that the City will complete the LAPD production described during the telephonic conference by February 1, 2016 and the production of other agencies within 14 days. The City is directed to perform those promises. If it is necessary for plaintiffs to retake depositions because of delay or inadequacy in the City’s production of documents, the City will be responsible for all associated reasonable costs and attorneys fees. Counsel for the City assured the Court that the City would cooperate with any efforts by plaintiffs to seek adjustments to the case schedule to mitigate prejudice to plaintiffs resulting from delay or inadequacy in the City’s document production.

There’s no mention of the CCEA, so I suppose that either they’re complying with discovery finally or else they’re failing to comply so badly that it couldn’t be dealt with at this conference.

Read on for absolutely unrelated information about documents from Historic Core BID that just arrived today.
Continue reading City of Los Angeles Ordered to Produce Documents, Promises to Pay Costs Incurred Due to Their Delays; Historic Core BID Documents Available →

Public Records Act Pragmatics

Using Your Own Scanner During “Inspection” of Public Records is Allowed by City of Los Angeles, Other Details About LAPD Public Records

February 4, 2016 Mike Leave a comment

The Triforium seen from Fletcher Bowron Square looking southwest from the door of the LAPD Discovery Office this morning.

This morning I went to the LAPD Discovery Section at 201 N. Los Angeles Street to inspect the latest batch of emails produced in response to a public records act request I made in January 2015. None of the emails themselves were especially interesting,¹ but the procedure itself was interesting. A couple of weeks ago, the incomparably helpful CD13 staffie Dan Halden, after checking with the City Attorney, told me that it was indeed allowed to bring one’s own scanner to a document inspection session. This works out to about 1,000 pages (at 10¢ per page) for a cheap portable scanner, although one with a decent page rate (16 ppm) runs about $200. It seemed worth it, so I brought mine to the LAPD and everything went swimmingly! This is crucial because the City insists² on printing out emails for inspection and it’s easy to get 2,000 or more pages from a simple request, most of which is junk but it’s hard to tell in advance. Also, I mentioned to Debra Green, who’s handling one of my requests to the LAPD, that no one had answered my other pending ones. She invited me to forward them to her and she’d check into them for me. I did so, and so did she. According to Ms. Green, one of them at least had been assigned to an analyst and was being handled, even though I’d received no response. This may lend some plausibility to the City’s claim in their response to the Stop LAPD Spying Coalition’s Public Records Act lawsuit that, even though they didn’t respond to the requests in question, they nevertheless did look for the records.³ In any case, I’ll update the Practical Guide to CPRA Requests in LA to reflect the possibility of using a scanner. Happy trails, compadres!
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Public Records Act Pragmatics, Stop LAPD Spying Coalition

City of Los Angeles Files Answer to Stop LAPD Spying Coalition Public Records Act Petition: Admits Guilt, Expects Reward

February 3, 2016 Mike Leave a comment

Los Angeles Deputy City Attorney Julie Raffish.

Why is the City of LA fighting this lawsuit? What a freaking waste of time and money. On January 26, 2016, the City of Los Angeles filed its answer to the petition filed by Colleen Flynn and Carol Sobel on behalf of the Stop LAPD Spying Coalition and the National Lawyers Guild Los Angeles seeking a writ of mandate ordering the LAPD to stop messing about and turn over the goddamned goodies. (You can find a collection of filings from this suit here). Paragraphs 1 through 9 of the initial complaint are background, and Julie Raffish, who wrote the answer, gets to indulge her evident taste for dark sarcasm in her responses, e.g. at paragraph 4 denying that the NLG is a non-profit legal association.

She also displays a wry, deadpan humor. For instance, in paragraph 3 the plaintiffs assert that the Coalition to Stop LAPD Spying “empowers its members to work collectively against police repression and to dismantle domestic spying operations” and that therefore the Coalition has an interest in the LAPD’s adhering to the Public Records Act. Julie Raffish has the City admitting that the Coalition is interested, but claiming that, as to the rest of the allegations they “lack sufficient information and knowledge to form a belief as to the truth…” of, I guess, whether there are “police repression” and “domestic spying operations” to be dismantled and worked collectively against. Dry as a bone, is Julie Raffish, and isn’t lawyerly humor fun! But the public records stuff is where it gets really interesting:
Continue reading City of Los Angeles Files Answer to Stop LAPD Spying Coalition Public Records Act Petition: Admits Guilt, Expects Reward →

Selma Park

Daily Logs Show BID Patrol Groundlessly Forced More than 150 People, Including Actual Children, to Leave Selma Park on Threat of Arrest During 2013

January 30, 2016 Mike Leave a comment

BID Patrol surveillance photo of Selma Park from 2007.

In September 2015 I discovered that in late 2007, the HPOA posted signs at Selma Park prohibiting adults unaccompanied by a child from being on the property but that they did so without any legal authorization from L.A. Rec and Parks. They proceeded to use arrests and threats of arrest to enforce the restrictions stated on these bogus signs. Furthermore, they weren’t even properly interpreting the statute under which they made these threats. In any case, with the recent release of all BID Patrol daily activity logs from 2013, I have been able to begin the process of quantifying the BID Patrol’s operations in Selma Park.

There are at least 137 mentions of Selma Park in the daily activity logs.¹ Reading through these by hand and tallying the people kicked out of the park I count 159 of them. I skipped as many duplicates as I noticed (due to backup reporting and so on). We noted recently that a 2013 arrest almost certainly constitutes a violation of California Civil Code §52.1(a), which states:

If a person or persons, whether or not acting under color of law, interferes by threats, intimidation, or coercion, or attempts to interfere by threats, intimidation, or coercion, with the exercise or enjoyment by any individual or individuals of rights secured by the Constitution or laws of the United States, or of the rights secured by the Constitution or laws of this state, the Attorney General, or any district attorney or city attorney may bring a civil action for injunctive and other appropriate equitable relief in the name of the people of the State of California, in order to protect the peaceable exercise or enjoyment of the right or rights secured.

Here are 159 more color of law abuses by the BID Patrol, which also violations of that law, and this is 2013 alone.

Note also that the BID Patrol officers don’t even seem to know what law they’re enforcing. Sometimes it’s trespassing, sometimes it’s loitering, sometimes it’s who knows what. Also, they even kick kids out of the park under the law which they mistakenly claim disallows adults. Just look here:

10-21-2013_FB2_LOG_10262013_HAGOPIAN.doc
6500 SELMA: SELMA PARK. MADE CONTACT WITH SEVERAL JUVENILES AND ADVISED THEM THAT THEY WOULD HAVE TO LEAVE THE AREA. ALL SUBJECTS COMPLIED AND LEFT THE LOC.

I really have to wonder who actually is allowed in this park according to the BID Patrol? Only non-juvenile children? It’s not reasonable. Look below the break for a list of all 137 items with links to source and some information on my search methodology.
Continue reading Daily Logs Show BID Patrol Groundlessly Forced More than 150 People, Including Actual Children, to Leave Selma Park on Threat of Arrest During 2013 →

Business Improvement Districts

Off With Their Heads!! Preordained Coronation of Laurie Goldman as Queen and President of Hollywood Media District BID Succeeds by Single Vote in Face of Abortive Palace Revolt Led By Ron Groeper and Friends

January 29, 2016 kohlhaas Leave a comment

Laurie Goldman and Mike Malick, attended by LIsa Schechter and a bunch of parrots, look down from their haughty thrones upon Ron Groeper and some tarts. — Laurie Goldman and Mike Malick, attended by Lisa Schechter and a bunch of parrots and minions, look down from their haughty thrones upon Ron Groeper and some tarts.

The Hollywood Media District elected its officers at yesterday’s Board of Directors meeting and you can watch the whole thing here. Mike Malick, current president and chairman of the nominating committee, presented an approved slate of candidates, chief among which were Grub-meister Laurie Goldman as president of the Board and also, possibly due to Kissinger’s law,¹ Mighty Mike himself as vice-president. Then, as is not only customary but probably legally mandated, Mike asked for nominations from the floor and Bang! Off went the fireworks. Not only was there was a fascinating dispute about the corporation’s bylaws and Brown Act requirements but also, O rarest of Board meeting events! an unexpectedly contested election which installed hand-picked putative shoo-in candidate Laurie Goldman as Board President by a mere one-vote margin, setting a tense and bitter tone for the rest of the meeting, perhaps the rest of the year.

Ron Groeper expressing disbelief (horror?) at yesterday's Media District BID Board meeting. — Ron Groeper expressing disbelief (horror?) at yesterday’s Media District BID Board meeting.

First, and for some reason, some show folk whose names we didn’t catch chose this moment to ask about how board members are replaced and could they get their compatriot in. Mike Malick explained that candidates were recommended by the nominating committee to the board. This prompted a response from Ron Groeper about the legality of the process proposed by Mike which included a reading from the bylaws, never a feature of the meetings of an organization which is harmonious and happy. In any case, the Brown Act precludes board action on non-agendized matters, and so, says Mike Malick, on to the election!
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Hollywood BID Patrol, Hypocrisy

The BID Patrol Walked Through Hollywood Farmers Market 50 Times in 2013 and Neither Warned Nor Arrested Non-Homeless Cosmo Street Sidewalk Sitters

January 28, 2016 kohlhaas Leave a comment

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 go unaddressed by the BID Patrol. — 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.

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