Former Los Angeles City Controller Laura Chick (right).Here’s the situation these days. BIDs have a standard contract that they sign with the City of Los Angeles. It has a lot of requirements in it, and BIDs routinely ignore all of them but a few, known as the “reporting requirements.” I’m skipping the details, but they’re mandated to report various things to the City, and if they don’t then Rick Scott or another one of Miranda Paster’s minions in the Neighborhood & Business Improvement District Division (N&BID) of the Clerk’s office will fire off a threatening email like this one telling the negligent BIDdies to cough up the report or they don’t get paid. On the other hand, there are plenty of clauses in that contract, e.g. the ones on record retention and on abiding by the Public Records Act or the Brown Act, that BIDs not only violate with impunity, but which the City Clerk’s office in the persons of Miranda Paster and Holly Wolcott actually just refuses to enforce. I’ll be writing about that more in the future. Tonight I’m just looking at how it came to pass that N&BID staff even enforce any parts of that contract. Continue reading That Time in 2005 When The City of Los Angeles Briefly Investigated BID Financial Shenanigans And Contract Violations Instead Of Pretending They’re Powerless In The Face Of Them Like They Do Now→
How does Holly Wolcott know in advance how the City Council is going to vote? Inquiring minds wanna know.
NOTE: This is apparently true, and Yo! Venice has the story along with a statement from Mike Bonin.
According to a Facebook post by Abbott Kinney,
BREAKING NEWS Re: the proposed Venice BID – Because the City shut off public comment, they gotta START THE WHOLE PROCESS OVER. Via City Clerk Holly Wolcott:
“The Ordinance of Establishment was adopted in Council last week. However, in light of concerns relative to the public hearing and to ensure all speakers are heard, we plan to repeal this ordinance and start the process over. This will mean a new Ordinance of Intention and a public hearing approximately 45 days from when the new ballots and packages are mailed. I do not have an actual date at this time.”1
This report is consistent with LAFLA’s objections to the process, and if true, is a major victory for anti-BID forces. Although I don’t know for sure I would bet it’s unprecedented in the history of BIDs in Los Angeles. The moral is decidedly NOT that the City made a sporadic mistake in this particular BID formation process. The moral is in fact that the City makes mistakes, breaks the law, cuts corners, all the freaking time, but generally no one is watching so their errors have no consequences. The moral is that if people watch closely they will find fatal errors in all of the City’s shenanigans.
The same is true for BIDs. They can barely open their mouths without saying something racist, they can barely run a meeting or email a Council member without breaking the law.2 They’re not used to scrutiny, and even their reactions to scrutiny just end up sinking them deeper into their morass. So the real moral is: SCRUTINIZE!
If only we didn’t have to follow the LAW we would have solved this whole homelessness crisis long ago.Watch and listen here as Kerry Morrison quotes Sheila Kuehl blaming the L.A. County Supervisors’ utter failure to solve our homelessness problem on the fact that the Brown Act requires them to hold open meetings and conduct their deliberations in public (full transcript after the break as always). The message essentially is that the Supervisors can’t get anything done if they have to do it when people are watching. This kind of attitude is, of course, the reason we have to have a Brown Act in the first place. Kerry Morrison’s statements are hearsay, and it’s just as likely that Kerry Morrison, in the throes of her fever dreams of a Hollywood Reich, delusionally attributed this sentiment to Kuehl. We’ll never know at this point.
Readers of this blog are probably pretty familiar with the Brown Act’s requirements. They essentially say that the Supervisors can’t discuss legislative action in secret. They have to do it in public meetings.3 The law doesn’t restrict the kinds of things they can talk about, it doesn’t restrict the kinds of deals they can make with one another or with third parties. It only requires them to conduct their deliberations and decision-making in public.
So Kerry Morrison’s version of Sheila Kuehl’s position is disconcerting. She claims that Kuehl claims that the Brown Act prevents the Supervisors from eliminating homelessness because “…they can’t converse with each other. You can’t horse-trade votes. … You know, so you can’t collaborate, you know, can we all agree on what we’re all gonna…you have to do it all in open session, and it’s very cumbersome…” The idea seems to be that the supervisors can’t have an honest discussion in public, so they can’t have any discussion at all.
This would be an effective, emotionally satisfying, and poetically just way to get rid of business improvement districts, but I’m hoping for something a little more environmentally friendly.DISCLAIMER: I’m not a lawyer. But I’m friends with some lawyers. More than zero of them did not laugh out loud at the idea you’re about to read. That’s all I got.
Business improvement districts in California are made possible by the Property & Business Improvement District Law of 1994.4 It’s worth reading, or at least skimming through, because there’s gold in them thar hills! For instance, consider Section 36670(a)(1), which states:
36670.(a) Any district established or extended pursuant to the provisions of this part … may be disestablished by resolution by the city council in either of the following circumstances:
(1) If the city council finds there has been misappropriation of funds, malfeasance, or a violation of law in connection with the management of the district, it shall notice a hearing on disestablishment.
Do you see the potential in that statement? The fact that it’s a tool for laying waste the BIDs of Los Angeles like so many Philistines? It’s a little hard to understand statutes, but here’s a clue: when they say “shall” they mean “must,” not “can.” Now turn the page to find out why this little statute, if not more powerful than Doug Henning and his sparkly rainbow suspenders as pictured above, is possibly as effective a BID repellent but much, much more emotionally satisfying than mere poofsly-woofsly magical annihilation. Continue reading How to Destroy a Business Improvement District in California: A Theory→
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.
The scene of the crime.Today I have a minor piece of documention, which is the initial complaint and a bunch of miscellaneous paperwork, available here, in a lawsuit known as Horlings v. City of Los Angeles. I won’t summarize the alleged facts of the case, because I find it impossible to do so without seeming to mock the plaintiffs or to condemn some of the defendants, which I really don’t want to do. The suit is based on a horrific experience, and no one deserves to be mocked for their roles in it. In very general terms the Horlings family was the victim of a crime in Santee Alley and they sued, among other parties, the Fashion District BID based on the BID’s representation that their role and mission was to keep their district safe and clean. They also sued the City of LA, Universal Protection Service, and the LAPD. Continue reading Some Documents from Horlings Lawsuit against Fashion District BID Available, Illuminating Contradictions of Existence of BID Security→
Captain John Irigoyen is watching you, so watch yourself!I have a few new documents from the Media District BID. First of all, the Board meeting minutes through August of 2015 are here. Minutes from various committee meetings in 2015 are here, and minutes from one very special executive committee meeting are here.
We’re also inaugurating a project to identify all the Media District security guards by name and image, parallel to the one we’re doing for the Andrews International BID Patrol. I’ve started a page for this project. There’s not much there now other than a list of all the current green shirts by name, but I hope to add more in the future.
The brave, the stalwart, the wise federal judge Michael W. Fitzgerald of the United States District Court for the Central District of California, kicking ass and taking names.Note that formerly Ukrainian first amendment maven and all-round mensch Eugene Volokh has already explained this better than we’re ever going to, so you may want to hop over to there for background. TL;DR is that the city of Inglewood sued Inglewood resident Joseph Teixeira in federal court, claiming that Teixeira’s reuse of their city-produced videos of city council meetings to create weaponized mockery of, among others, Inglewood mayor James Butts violated their copyright in said videos.
Well, Judge Michael W. Fitzgerald of the U.S. District Court for the Central District of California (that’s federalese for “Los Angeles”) not only dismissed Inglewood’s case, he terminated it with extreme prejudice. You can read the order here if you wish, and it’s smoking hot. The salient bit for this blog is, according to Volokh, that:
The court held that, under California law (see, e.g., County of Santa Clara v. Superior Court (Cal. Ct. App. 2009)), cities can’t claim copyright in public records. And while the city claims that this provision is trumped by federal copyright law, the court rejected that argument — federal law treats local governments as political subdivisions of the state, and a state has the power to control what its subdivisions do (including which federal rights they claim).
