![Current CD4 representative David Ryu, whose termed-out predecessor Tom LaBonge ordered the destruction of public records, leading to both an FAC lawsuit and a council motion to prevent this kind of thing in the future.](https://michaelkohlhaas.org/wp-content/uploads/2016/08/hdr_inaug_1-204x300.jpg)
Continue reading First Amendment Coalition Sues City of Los Angeles Over Tom LaBonge’s Illegal Records Destruction, Alleges Possible Felony Records Destruction, Eric Garcetti Still Not Held To Account For Similar Crimes
The second claim, that BID security cannot do anything that any private person can’t do, is true, but it doesn’t make the point that Taylor Bazley wants it to make. California has one of the most weirdly expansive citizens’ arrest statutes (PC 837 et seq.) in the known universe. A lawyer of my acquaintance once said2 that it essentially authorizes fricking Batman. So actually, you yourself can physically restrain people with handcuffs if they e.g. sit on the sidewalk in your presence.3
Continue reading Evidently CD11 Staff Is Telling Concerned Constituents That BID Patrol Security Guards Cannot Touch People At All. That They Cannot Do Anything That You Or I Could Not Do. The Second Claim Unfortunately Is True. The First Is False. We Have Proof.
Even though the victory of her cause was a foregone conclusion, the dramaturgical conventions of the ritual ceremony that’s habitually performed in the John Ferraro Council Chambers in place of genuine democratic debate require that she pretend to be making reasoned arguments. She could as easily have recited the alphabet, assuming she is able to recite the alphabet, without affecting the success of her cause, but instead she chose to make checkable statements, all of which, as it happens, were lies. You can watch her whole little song-and-dance here and, as always, there’s a complete transcription after the break.
Continue reading Shadowy BID Consultant Tara Devine Slithers Out From Her Habitual Under-The-Rock Lair And Spews Toxic Lies About Venice Beach BID Before Los Angeles City Council
See this article from the LA Times and our previous posts on the subject for the background to this post. All of the filings can be found here.
Last month the plaintiffs in Chua v. City of Los Angeles filed a ton of material asking for the case to be certified as a class action. Today the defendant, the City of Los Angeles, filed a notice of non-opposition to that request. They’re doing it for the most altruistic reasons ever:
…in order to conserve party and Court resources, Defendants hereby state that they do not oppose Plaintiffs’ Motion for Class Certification … at this time.
And what have they given up through their kind-hearted and selfless concern for the resources of the court? Well, pretty much nothing:
Since discovery has not yet commenced, Defendants reserve the right to seek decertification of the classes certified (in whole or in part) should discovery reveal that certification is not appropriate.
Obviously these are bog-standard opening moves in a federal class action suit, but they strike me4 as amusing, so I’m sharing with you, lucky reader!
Continue reading City of Los Angeles Will Not (At This Time, Anyway) Oppose Class Action Certification in Chua v. City of LA
Today’s story begins with a newly obtained email chain between CD11 staffer Debbie Dyner Harris and Venice walk-street resident Martha Hertzberg. Hertzberg is relentless and articulate in her questioning of Dyner Harris’s poorly argued assertions about the lack of a public component to the BID approval process, the damage that BIDs do to neighborhoods, and so on. Please read it, because it’s excellent, but too far off-topic for me to discuss at length. While you’re reading it, consider the interesting fact that, according to CD 11 Communications Director David Graham-Caso, Mike Bonin characterized Hertzberg’s position as based on a “…misunderstanding of the BID…”5 although it’s clear from the actual emails that it’s Dyner Harris and, by extension, all of CD11 that are the ones who either misunderstand the very nature of BIDs in Los Angeles or else are lying about what they’re up to.
Continue reading Why Is Brentwood Off-Message For Pro-BID People?! Despite Universal Claims of City Neutrality, Miranda Paster, LA City Clerk BID Honcho, Doctors Up CD11 “Messaging” On Venice Beach BID, Advises “Wouldn’t Mention Brentwood.”
Today two interesting items hit the Venice Beach BID Council File. First there is a letter from LAFLA Attorney Shayla Myers demonstrating that the City did not follow the strictly mandated procedure for hearings prior to establishing an assessment district. The issue is that Council President Herb Wesson cut off public comment without allowing everyone present to be heard. This is completely acceptable under the Brown Act, which regulates general public meetings in California. In the cases covered by that law, agencies can put reasonable limits on public comment. However, the hearings that must be held before BIDs can be established are described in the Property and Business Improvement District Law of 1994, which at section 36623 requires that the “notice and protest and hearing procedure shall comply with Section 53753 of the Government Code.” This section requires…well, I’m going to let Myers explain:
Continue reading LAFLA Questions Legality of Venice Beach BID Approval Process in Letter to Mike Feuer, Holly Wolcott. Ballot Tabulation Published By City, Demonstrating Anti-Democratic Nature of BID Process. CD11 and Shadowy BID Consultant Tara Devine Play Favorites With Information Access
Now, in November 2015, eight months after the BID and Zarcone began targeting nightclubs and bars that they didn’t like,7 the Hollywood Property Owners Alliance sponsored a music festival centered around Cahuenga Boulevard between Hollywood and Selma, notably the most caucasian micro-neighborhood in Hollywood-nightlife-land. Thus, on September 9, 2015, Kerry Morrison wrote to LAPD and CD13:
This festival is intended to present a neighborhood “night-life” experience in Hollywood. We are trying to change the image of Hollywood by celebrating the authentic music and artistic options that are here. As such, the BID is “curating” over four days/nights dozens of different musical experiences, acts, pop-up art shows, comedy, etc — and inviting the public in to experience Hollywood as a walkable neighborhood. … The activity is largely going to be centered around Selma and Cahuenga — very little will happen on Hollywood Blvd.
By the way, this statement is full of dog whistles. Note the contrast between putatively authentic music and whatever kind of music they play on Hollywood Blvd. (hint: white:authentic :: ??:Hollywood Blvd. music) Note the scare quotes around “night-life,” and so on. But that’s not all:
Continue reading Peter Zarcone and Kerry Morrison Conspire Not To Enforce CUP Conditions Against BID-Approved Venues for November 2015 BID-Sponsored Music Festival In Stark Hypocritical Contrast To Their Overzealous Hyperenforcement Against Minority-Serving Venues in Hollywood
Let me for a second or two correct some of the wide misperceptions about the BID and what process… the process for establishing a BID is established by state law.
Continue reading Chaos at Council Hearing on Venice Beach BID: In Response to Heckling, Bonin Accuses Venice Beach BID Detractors Of “Malignant Dangerous Defamation,” Compares Them To Trump
Roughly, the process for creating a new BID goes like this: Some property owners hire a consultant who collects petitions in favor of the BID. When petitions adding up to more than 50% of the total assessments in the proposed district are on hand, they’re submitted to the City Clerk, who then takes the matter to City Council.8 One interesting aspect of this is that City-owned parcels in the proposed district are voted in exactly the same way that privately owned parcels are. That the City always votes in favor of BIDs is well-known, although see below for an episode where the City actually opposed a BID proposal.9 In fact, part of the consultant’s job seems to be to gerrymander as much City-owned property into the BID as possible so as to minimize the requisite number of agreeable private owners. The City Clerk, currently Holly Wolcott, is somehow authorized to sign petitions on the City’s behalf for City-owned parcels.
But the petitions must be signed before City Council can pass an ordinance of intention to form the BID. For instance, in the case of the proposed Venice Beach BID, consultant Tara Devine submitted the signed petitions to the Clerk before June 24, 2016. City Council passed the Ordinance of Intention on July 1, 2016. But see these pro-BID petitions for City parcels, signed by Holly Wolcott on June 15, more than a week before Council voted to authorize the BID process. Of course the City always favors BID formation, but where does the Clerk derive the authority to sign these? It can’t be from the Council vote, which happens afterwards. There must be a law or a rule or something authorizing this. I haven’t been able to find it yet, although I’m sure it exists.
Continue reading A Crucial Open Question in Anti-BID Theory: Where Does the City Clerk Get the Authority to Sign Pro-BID Petitions Before the BID is Approved? Arts District BID Episode From 2013 Highlights City’s Hypocrisy On This Issue and Collusion With Carol Schatz