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

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.
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.
In January 2016 the Los Feliz Ledger broke the story that termed-out CD4 Councilmember Tom LaBonge had ordered the destruction of public records prior to his leaving office on June 30, 2015. Emily Alpert Reyes, writing in the Los Angeles Times reported on Thursday that the First Amendment Coalition had filed suit against the City of Los Angeles, claiming, among other things, that the destruction of this material either violated the California Public Records Act or else the fairly draconian Government Code section 6200. Thanks to FAC director Peter Scheer I have a copy of the petition to share with you, and you can read some further commentary after the break.
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

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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.

One of over three hundred people arrested, shackled, and physically transported by the Hollywood BID Patrol in 2015.
One of over three hundred people arrested, shackled, and physically transported by the Hollywood BID Patrol in 2015.
According to a recent post on Facebook, Mike Bonin’s Venice Field Deputy Taylor Bazley is telling concerned constituents that1 they [the BID Patrol] cannot touch people at all. He said “They can not do anything that you or I could not do. They just alert police. That’s all.”

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

Sorry, Taylor.  You're cute, but you're wrong.
Sorry, Taylor. You’re cute, but you’re wrong.
But Taylor Bazley’s attributed claim that BID security can’t arrest people is just wrong. The Hollywood BID Patrol, run by Andrews International Security, has made physical custodial arrests of far more than 10,000 people since they began their work here in 2007. In 2013 they made more than 1% of the arrests in the entire City of Los Angeles. You can watch videos of their arrests, read arrest reports and daily logs, and even look at photos of the people they’ve arrested:
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.

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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

Shadowy BID Consultant Tara Devine seeping toxic waste from every pore at the August 23, 2016 meeting of the Los Angeles City Council.
Shadowy BID Consultant Tara Devine seeping toxic waste from every pore at the August 23, 2016 meeting of the Los Angeles City Council.
Shadowy BID consultant Tara Devine, of shadowy BID consultantcy Devine Associates, slithered up out of the depths in which she habitually dwells to make a rare public appearance before the Los Angeles City Council on August 23, 2016, pleading for the Councilmembers to give life to the stitched-up-out-of-corpse-parts monster known as the Venice Beach BID which she’s been nurturing in her subterranean lair for many months now.

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

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City of Los Angeles Will Not (At This Time, Anyway) Oppose Class Action Certification in Chua v. City of LA

California-centralSee 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 me1 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

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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.”

David Graham-Caso, CD11 Director of Communications.
David Graham-Caso, CD11 Director of Communications.
I’ve written before about how everyone from the City that’s involved in the BID formation process not only denies that they actually are involved but also hushes up every possible aspect of their involvement. But once in a while the veil drops and we can see clearly what’s going on at 200 N. Spring Street with respect to the City’s pro-BID activism.

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…”1 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.”

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Newly Obtained Emails Suggest that CD11 Had Significant Input Regarding Inclusion And Assessment of City Parcels In BID Despite Bonin, Staff Denials That This Is So

Mike Bonin discussing the fish that got away, or the process for including City parcels in a BID, or some other subject that's traditionally related with absolute veracity.
Mike Bonin discussing the fish that got away, or the process for including City parcels in a BID, or some other subject that’s traditionally related with absolute veracity.
A persistent issue in the lead-up to the Venice Beach BID has been the question of the City parcels included in the proposed boundaries. Since City parcels are always voted in favor of BID formation (although why this is is an open question), BID proponents are eager to gerrymander in as many as possible. This is a well-known tactic in the BID consultant playbook. Yesterday, however, after the Council’s shameful and probably illegal approval of the Venice Beach BID, CD11 Councilmember Mike Bonin was quoted in Yo! Venice claiming not only that there was no gerrymandering, but that there could not have been gerrymandering:

The Venice BID boundaries were determined based on the same rules as every other BID, which excludes any residentially-zoned land (but includes commercially-zoned, industrially-zoned and government/public facilities-zoned parcels). The BID proponents decided to include all of the property that is eligible for assessment west of Abbot Kinney (which already has a Merchant’s Association that functions similarly to a BID). This is consistent with state and local law.

This statement is disingenuous at best. Sure, an engineer’s report is required, and there has to be a justification of why the boundaries are set where they’re set, but the “rules” that Bonin seems to be claiming ensure fairness only say which properties can’t be included. They don’t say anything about where the boundaries have to go. So the decision to include a strip of Venice Blvd, notably bereft of businesses of any kind, into the BID is allowed under state law and can be justified easily enough in the report since it’s not residential, but it’s hard to see any purpose for this other than to increase the City presence in the BID, which is certainly gerrymandering. 1 Finally, note that Bonin seems to be intentionally conflating the idea that the boundaries were “determined” by state law with the idea that they’re “consistent with state” law. If boundaries are determined there’s no choice. There are many choices among things that are consistent with the law.
Continue reading Newly Obtained Emails Suggest that CD11 Had Significant Input Regarding Inclusion And Assessment of City Parcels In BID Despite Bonin, Staff Denials That This Is So

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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

LEGAL-AID-FOUNDATION-OF-LOS-ANGELES1Today 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

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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

A newly shaven Peter Zarcone in April 2015.
A newly shaven Peter Zarcone in April 2015 just as his joint vendetta with the BIDs against nightclubs in Hollywood took off.
Recall that in April 2015 the two HPOA BIDs, the LAPD, and the Hollywood Chamber of Commerce revealed an ongoing conspiracy to shut down minority-serving entertainment venues in Hollywood. Their favored technique for doing this is hyperenforcement of Conditional Use Permits (CUPs). These documents contain numerous restrictions on the operations of bars, restaurants, and so on. Violating these conditions while operating is actually a crime, and owners and employees of venues can be arrested for doing so. This actually happens, e.g. in the shameful case of the Rusty Mullet. Keep that in mind. The LAPD can physically arrest restaurant employees for violations of the CUP. It can also shut the venue down immediately if the CUP is being violated.

Now, in November 2015, eight months after the BID and Zarcone began targeting nightclubs and bars that they didn’t like,1 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

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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

Mike Bonin speaking in favor of the Venice Beach BID in Council on August 23, 2016.  He's either misinformed, lying, or both.
Mike Bonin speaking in favor of the Venice Beach BID in Council on August 23, 2016, mere minutes before accusing BID detractors of “malignant dangerous defamation.”
Yesterday the Los Angeles City Council heard protests against the proposed Venice Beach Business Improvement District. You can watch the whole thing here. There were impassioned public comments and a lot of heckling. Also, on Monday Laura McLennan of CD11 gave me over a hundred pages of material on the VBBID, which is worth looking at. After the public comment, Mike Bonin gave a speech about why he supported the BID, which is my topic for today. You can jump directly to Bonin’s remarks in the video and as always, you can find a transcription at the end of the post. I’m just going to address a few of Bonin’s comments in detail:

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

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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

Holly Wolcott, Clerk of the City of Los Angeles, in June 2015.
Holly Wolcott, Clerk of the City of Los Angeles, in June 2015.
UPDATE: This problem is now solved. Let’s work on fixing things!

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.1 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.2 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

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