Tag Archives: California Public Records Act

Pyschopathic Rageball George Yu Was Nowhere To Be Seen — Neither Was Anyone Else From The Damn BID — Chinatown BID Completely Skips Yesterday’s Court Hearing — What Are They Thinking? — These Things Don’t Just Go Away On Their Own — Don’t Grownups Know That?

So you might recall that in August Katherine McNenny and I were forced by the unhinged intransigence of psychopathic rageball George Yu of the Chinatown BID to file a writ petition asking that the court compel him and his thuggish little weirdo henchies in the BID to obey the freaking law and hand over the records we asked for. And then you might recall that in September he and his damnable minions failed to even answer the petition.

Well, yesterday was the trial setting conference, way up north in the Stanley Mosk courthouse, in good old Department 86.1 And the Chinatown BID didn’t change up its strategy at all. No one showed up. Neither George Yu nor minion nor henchie nor lawyer nor counselor nor advocate nor consigliere. Just nobody. And did the judge do anything to them? Punish them in any way for their continued failure to respond? Nope. He continued the hearing until December 26. If they don’t get in trouble, how are they ever gonna learn? I guess we’ll find out.2 Continue reading Pyschopathic Rageball George Yu Was Nowhere To Be Seen — Neither Was Anyone Else From The Damn BID — Chinatown BID Completely Skips Yesterday’s Court Hearing — What Are They Thinking? — These Things Don’t Just Go Away On Their Own — Don’t Grownups Know That?

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Remember That CPRA Request That Estela Lopez Made About The Skid Row Neighborhood Council In January 2017? — To The Department Of Neighborhood Empowerment About The Election? — Well Newly Obtained Information Shows That Less Than Ten Days After She Sent It She Complained To José Huizar Personally That They Hadn’t Responded — This From A Woman Who Can’t Comply With The CPRA To Save Her Life — Complaining To A Councilmember Who Also Can’t Comply With The CPRA — Or Federal Anti-Corruption Laws For That Matter

This is a new piece of an old story. You may recall that in January 2017, right after the Skid Row Neighborhood Council subdivision effort was certified by the Department of Neighborhood Empowerment, Skid Row’s own high priestess of Satan and associated evil deities, that is to say Estela Lopez, made a request under the public records act seeking various bits of information to toss into the wicked potion then, unbeknownst to the side of the angels, bubbling away in her reeking cauldron and with which she and her killer klown krew of slithy minions and halfwit henchies would later put the SRNC into a coma just like Snow Freaking White.1

That’s old news, of course,2 but still interesting. You can read Estela Lopez’s request right here and there’s a transcription of that PDF somewhere down the page in this old post. But what’s new this morning is this just-obtained email from Estela Lopez to CD14 repster José Huizar,3 in which, after a little obligatory sycophancy, she complains to José Huizar that DONE didn’t answer her request on time:

From: Estela Lopez <ELopez@centralcityeast.org>
To: josé huizar <jose.huizar@lacity.org>
Cc: Ari Simon <ari.simon@lacity.org>, Martin Schlageter <Martin.Schlageter@lacity.org>
Date: Fri, Jan 27, 2017 at 5:13 PM

Dear Jose, thanks so much for today’s meeting. Below is the request I submitted to DONE on January 17. I have not received a reply. Today represents the 10-day deadline for at least an initial response to a CPRA request.

Have a good weekend. See you on Broadway!

Cordially,

Estela Lopez

I mean, really. The sheer platonically ideal chutzpah of this woman just boggles.4 She’s complaining to José Huizar that DONE didn’t answer her request within the legal deadline when (a) she herself is one of the City’s worst violaters of the CPRA,5 (b) José Huizar is also essentially incapable of complying with the CPRA,6 (c) most of us don’t have access to our councilmembers to encourage City departments to comply with the CPRA,7 and, worst of all, (d) DONE wasn’t actually in violation of the law at that point, so she really had nothing to complain about.

Not that this kind of clueless exploitation of privilege is anything surprising at this point, but it is what we write about here. Turn the page for a discussion of the technical aspects of the CPRA relating to Estela Lopez’s complaint!
Continue reading Remember That CPRA Request That Estela Lopez Made About The Skid Row Neighborhood Council In January 2017? — To The Department Of Neighborhood Empowerment About The Election? — Well Newly Obtained Information Shows That Less Than Ten Days After She Sent It She Complained To José Huizar Personally That They Hadn’t Responded — This From A Woman Who Can’t Comply With The CPRA To Save Her Life — Complaining To A Councilmember Who Also Can’t Comply With The CPRA — Or Federal Anti-Corruption Laws For That Matter

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South Park BID Zeck Dreck Warns Her BIDdie Board Members That All Their Emails Are Gonna End Up On This Blog — Nothing To Be Alarmed About Says Ellen Salome Riotto — Just Be Thoughtful About What You Put In Writing — Wait. What? — Why Should They Be Thoughtful If They’re Not A Buncha Damn Criminals? — Oh Yeah — They Are A Buncha Damn Criminals

As you know, I’ve been getting massive luscious piles of emails from the South Park BID lately because Zeck Dreck Ellen Salome Riotto, unlike her bloodstained cynical antisocial prostrating-herself-before-the-stinking-hooves-of-satan predecessor, places some importance on actually following the law.1 And a lot of the stuff I’m getting is really serious. Implicates matters of the deepest public interest and so on.2

But it’s not all serious, friends. You know what all work and no play does to Jack, right? Just think what it’s gonna do to us. A fate worse than a fate worse than death! And so follow me as we indulge ourselves in a little pure entertainment!3 Tonight’s post is the merest of mere trifles, a bagatelle, a cipher, a nothing, a frothy confection of emptiness, and so on. But it’s funny, so here we are. And it’s one of those funny things that really doesn’t need any explanation. Explanation would just kill the delicate flavor. It’d be gilding the lily, throwing perfume on the violet, adding another hue unto the rainbow, and so freaking on.

Thus, friends, just read this email, wherein Ellen Salome Riotto tells her board that all their emails are going to end up on the open internet courtesy of yours truly but that there’s nothing to worry about as long as they are thoughtful about what they write. Or, she failed to say, as long as they just stop engaging in activities that force them to be thoughtful about what they write for fear of it ending up on this blog. And there’s a transcription of the whole damn thing right after the break!
Continue reading South Park BID Zeck Dreck Warns Her BIDdie Board Members That All Their Emails Are Gonna End Up On This Blog — Nothing To Be Alarmed About Says Ellen Salome Riotto — Just Be Thoughtful About What You Put In Writing — Wait. What? — Why Should They Be Thoughtful If They’re Not A Buncha Damn Criminals? — Oh Yeah — They Are A Buncha Damn Criminals

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The South Park BID Failed To Even Negotiate Let Alone Execute A Contract With Tara Devine For Handling Their 2017 Renewal — They Didn’t Even Realize There Was No Contract Until My CPRA Request Called Their Attention To It — At Which Point Bob Buente Suggested Fraudulently Executing A Back-Dated Contract — But Worried This Would Haunt The Board If “we’re deposed because Tara does something nefarious” — Ellen Riotto — Who Has More Common Sense Than The Average Zeck Dreck — Advised Against It

So in 2017, back when I was trying to understand Tara Devine’s BID consultancy work for the South Park BID, I sent the Parkies a CPRA request for her contract.1 At the time, twisted little minion Katie Kiefer, who quit the BID earlier this year and is now working for shockingly rapey CD14 repster José Huizar, kept telling me that the BID didn’t have any records responsive to my request. I found this impossible to believe, that putatively competent zillionaire business types would hire someone to do a job for which they’d be paid in the high five figures and not have a written contract explaining what they were expected to do.

It didn’t seem plausible2 so I assumed Katie Kiefer was playing word games with me, which was exactly the kind of crapola she was pulling at the time, all under the baleful influence of Carol Humiston, the world’s angriest CPRA lawyer, along with the rest of her 2017 Parkie buddies. You can read the whole correspondence here on Archive.Org if you’re interested.3 But now, thanks to the recent release of Bob Buente’s emails, a hyper-Aladdinesque trove of wonders provided to me by the ever-helpful Ellen Salome Riotto, current zeck dreck of the Parkers, the truth has come out and can now be explained!

I made my original request for Tara Devine’s contract on July 12, 2017. On July 13, 2017 the Parkies, hiding as usual behind their sinister masks, told me that there was no contract. And here’s where things get interesting! The next day, on July 14, 2017, Ellen Riotto emailed her executive committee and asked them if there even was a contract:

From: Ellen Riotto <ellen@southpark.la>
To: Robin Bieker <robin@biekerco.com>, “Sjordan@legends.net” <Sjordan@legends.net>, “daniel@jadeent.com” <daniel@jadeent.com>, “bbuente@1010dev.org” <bbuente@1010dev.org>, “JLall@ccala.org” <JLall@ccala.org>
Subject: Devine Strategies Contract approval

All,

Per the CA Public Records Act, we’ve been asked to disclose our contract with Tara. The only record we have on file is her proposal, attached. We do not have a final signed contract. We looked through meeting mins to see if we could track down a board vote to approve the proposal, but were unsuccessful. Do you recall if this decision was made by the executive committee?

Thanks

Ellen

The attached proposal she mentions in the email is available here. Also note that if she were following the law she would have asked these BIDdies if they had the records before she told me that they did not, but there’s not much to be done about that. And with that simple request, things really went off the rails!
Continue reading The South Park BID Failed To Even Negotiate Let Alone Execute A Contract With Tara Devine For Handling Their 2017 Renewal — They Didn’t Even Realize There Was No Contract Until My CPRA Request Called Their Attention To It — At Which Point Bob Buente Suggested Fraudulently Executing A Back-Dated Contract — But Worried This Would Haunt The Board If “we’re deposed because Tara does something nefarious” — Ellen Riotto — Who Has More Common Sense Than The Average Zeck Dreck — Advised Against It

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Fashion District BID Files Timely Response To My Writ Petition — Denies Everything — World’s Angriest CPRA Lawyer Carol Humiston Handling Matters For Them — Trial Setting Conference On November 16, 2018 At 9:30 AM In Department 86 — Stanley Mosk Courthouse

So you’ll remember possibly that in August I was forced by their unhinged intransigence to file a writ petition against the Fashion Freaking District BID asking a judge to boss them about until they began to comply with their statutorily mandated duties under the California Public Records Act. Well, it seems they’re not going to go quietly into that good night, so they went out and hired themselves the world’s angriest CPRA lawyer, which is to say Carol Freaking Humiston of Bradley & Freaking Gmelich, and she went and filed a timely response to my petition.

And you can read the damn thing by clicking here if you want to. But I have to say, as much as I enjoy reading legal pleadings of all varieties and subject matters, these replies leave me cold. Take a look and you’ll see. They deny everything, but they don’t even say what they’re denying. It’s all like “As to the allegations in paragraph 17, we deny the first three, state that the fourth and the ninth require no response insofar as they assert legal conclusions, and the fifth through the seventh, even if true, do not allege a violation. Insofar as we fail to deny, thus far do we admit.”
Continue reading Fashion District BID Files Timely Response To My Writ Petition — Denies Everything — World’s Angriest CPRA Lawyer Carol Humiston Handling Matters For Them — Trial Setting Conference On November 16, 2018 At 9:30 AM In Department 86 — Stanley Mosk Courthouse

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Hollywood Media District BID, The Hapless Client Of Hapless Hollywood Superlawyer Jeffrey Charles Briggs, Actually Hands Over Thirty Thousand Actual Dollars To My Lawyer As They Were Ordered To Do By The Judge! — Commemorative Mug Issued For This Historic Occasion! — Get Yours Today! — Maybe This’ll Learn Some Of His Other Clients That They Oughta Just Gimme The Damn Records — Talking To You Los Feliz Village BID, East Hollywood BID, Historic Core BID, And, Believe It Or Not, The Media District BID All Over Again

Of course you remember in July 2018 when Superior Court judge Mary Strobel splained in terms that were anything at all but uncertain to Hollywood Superlawyer Jeffrey Charles Briggs that his client, the freaking Hollywood Media District BID, was going to have to pay my lawyer $30,000 in fees essentially because both they and their lawyer are a bunch of loserific morons?1

Anyway, since the ruling, Jeffrey Charles Briggs and, presumably, his clients, have been stumbling about the place not paying and mumbling semicomprehensible nonsense about how they were going to appeal, about perversions of justice,2 and so on, the upshot of all of which mumbling is that, by God, they weren’t gonna pay. But a court order is a scary, scary thing. So yesterday, September 26, 2018, they paid the damn money to my lawyer, the incomparable Colleen Flynn!

And in honor of their new-found, belated and, sadly, coerced, commitment to actually following the damn law and also to making it continue to be economically feasible for lawyers to help me encourage the City of Los Angeles and its damnable business improvement districts to actually follow the laws that regulate them, I have issued this commemorative coffee mug! Get yours today! And look at all the other mugs while you’re at the store!! And stay tuned for more BID news, as always!!
Continue reading Hollywood Media District BID, The Hapless Client Of Hapless Hollywood Superlawyer Jeffrey Charles Briggs, Actually Hands Over Thirty Thousand Actual Dollars To My Lawyer As They Were Ordered To Do By The Judge! — Commemorative Mug Issued For This Historic Occasion! — Get Yours Today! — Maybe This’ll Learn Some Of His Other Clients That They Oughta Just Gimme The Damn Records — Talking To You Los Feliz Village BID, East Hollywood BID, Historic Core BID, And, Believe It Or Not, The Media District BID All Over Again

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Chinatown BID Fails To File Answer To CPRA Writ Petition Before Deadline — Maybe George Yu Considers Himself Beyond The Reach Of The Law — Which Certainly Wouldn’t Be Uncharacteristic Of That Thuggish Little Weirdo

I mean I don’t know what it is with these thuggish little business improvement districts around Los Angeles. They won’t comply with the public records act and when I am thereby forced to file petitions against them they won’t even respond. This famously happened in May with that wonky little gang of white supremacists out in the Larchmont Village BID and now it just happened again with the Chinatown BID, due to the off-the-chain intransigence of which we were forced in August to file a petition.

Of course George Yu is well-known in these parts to be a screamer, a bully, and a freaking self-proclaimed criminal, so it’s not strange to learn that he doesn’t feel like he has to play by other rules of civil society. And for all that, the consequences of these failures may be minimal. In ordinary lawsuits if you don’t answer on time you just lose, but the California Code of Civil Procedure at §1088 rules out this result for writs of mandate, which is what we’re seeking. Also in July at the trial setting conference for the Larchmont BID petition, the judge granted the BID an extra 30 days to reply without them even having to explain their lapse.

So like I said, there may not be any consequences, or any serious consequences. But on the other hand there may be. We’ll see! Stay tuned and you can see also!
Continue reading Chinatown BID Fails To File Answer To CPRA Writ Petition Before Deadline — Maybe George Yu Considers Himself Beyond The Reach Of The Law — Which Certainly Wouldn’t Be Uncharacteristic Of That Thuggish Little Weirdo

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VICTORY!! On Advice Of Carol Humiston, The World’s Angriest CPRA Lawyer, Melrose And Westchester BIDs Both Agree To Pay My Even-Tempered Attorney, The Incomparable Anna von Herrmann, Beaucoup De Bucks To Settle CPRA Petitions Brought Due To The Weirdo Incompetence Of Donald Freaking Duckworth, Their Hatchet-Faced Goblin Of A Zeck Dreck — Perhaps They Will Be More Compliant In The Future? — Perhaps The City Of Los Angeles Will Intervene And Enforce Compliance To Stop BIDs Bleeding Public Money Out Of Arrogance And Inability? — Probably Not, But I Can Dream

Of course you recall that in June of this year, my hand forced by the bizarro-world intransigence of BIDdological freak show specimen Donald Duckworth, executive director of both the Westchester Town Center BID and the Melrose BID, I had no recourse but to file a couple of writ petitions asking a judge to splain them that it wasn’t cool to openly flout the California Public Records Act just because they happen to be a gang of zillionaires and zillionare-associated minions. Soon thereafter El Duckworth suffered a severe attack of conscience and handed over all the disputed records.1

This development was good in at least two senses. First of all and most importantly it was good for the immortal soul of Mr. Duckworth, although as he was pretty clearly motivated by his anticipation of exposure and/or punishment his contrition was imperfect. Second of all it was good for my case because if a previously noncompliant agency, such as a BID, hands over records as a result of a petition being filed, the petitioner, such as me, automatically wins and the judge is required to award attorney’s fees.

This nondiscretionary outcome gives the respondent a powerful motive to hurry up and settle once records have been produced. Since they’re going to have to pay the petitioner’s attorney their best move is to minimize the amount of work done by opposing counsel. El Duckie’s two BIDs hired Carol Humiston, the world’s angriest CPRA attorney. And those, after a lot of characteristically Humistonian bluster and bullshit, are precisely the lines along which she seems to have advised her clients, which is why they have agreed to hand over a lot of damn money in exchange for settling the case.

This of course is a great victory for the forces of good, the side of the better angels of this City of Angels, and so on. Now let’s hope that this development along with the high costs that other BIDs have already paid,2 will convince them that it’s cheaper, easier, and more responsible to just hand over the damn records when I ask for them rather than fooling about wasting other people’s money in a series of ultimately futile and expensive attempts to keep the goods away from me just because they don’t like being called mean names on the Internet.

Also we can hope that this victory along with the others, past and future, will convince the City that if the BIDs can’t act responsibly they need to be made to do so. Whatever happens, of course you’ll read about it here! And turn the page for a rare and coveted image of MK.Org secret headquarters this very night just after we got the news! And here’s the damn soundtrack!
Continue reading VICTORY!! On Advice Of Carol Humiston, The World’s Angriest CPRA Lawyer, Melrose And Westchester BIDs Both Agree To Pay My Even-Tempered Attorney, The Incomparable Anna von Herrmann, Beaucoup De Bucks To Settle CPRA Petitions Brought Due To The Weirdo Incompetence Of Donald Freaking Duckworth, Their Hatchet-Faced Goblin Of A Zeck Dreck — Perhaps They Will Be More Compliant In The Future? — Perhaps The City Of Los Angeles Will Intervene And Enforce Compliance To Stop BIDs Bleeding Public Money Out Of Arrogance And Inability? — Probably Not, But I Can Dream

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Thousands Of Pages Of 2016 LAPD Emails Shed Light On Hollywood Nightclub Racism And Creepy Cop Tricks — Including Targeted Enforcement Against Minority-Serving Establishments — Sending People “To Jail Before They Commit Crimes” — Explicit Targeting Of Putatively Chronic Offenders — Not To Mention Bizarro-World Redaction Policies Which Shed Some Light On The LAPD’s Contempt For The Public Records Act

Friends, cast your minds back to the Spring of 2015! Kerry Morrison’s various BIDs were all in a psychotic tizzy about dark-skinned people coming to Hollywood on the weekends to drink and dance and have some damn fun. Kerry Morrison and her yes-mob started a campaign against the nightclubs on Hollywood Blvd whose patrons were insufficiently lacking in melanin.1 This led, by the Fall of 2015, to Hollywood’s itchy skritchy little Council-snitchy, the one, the only, Mitch O’Freaking Farrell, starting a high-profile public campaign to shut down every nightspot that made Ms. Kerry Freaking Morrison wrinkle her freaking nose in disdain.

There was some pushback from the club owners in 2016, e.g. from the owner of the Rusty Mullet, whose lawyers played video from this blog at a Council hearing, and the organizers of the #blackhollywoodmatters campaign who, notably, convinced Marqueece Harris-Dawson to vote against the wishes of his smarmy little buddy from CD13 in a committee hearing, although naturally he reversed himself at the full Council vote. But in the usual way of things these minor victories didn’t have much of an effect,2 and by the end of August 2016 Kerry Morrison was, like Grendel’s momma, sitting around her reeking lair counting her ill-gotten victories on her poisonous and twisted little talons.

Around this time, that is, in August 2016, I filed a public records act request with the LAPD asking for emails related to these matters. And because the LAPD is basically a criminal conspiracy with respect to CPRA and just will not comply with the freaking law, which is why they get sued under the CPRA all the freaking time, it took them two whole years to hand over the goods. But they finally did produce thousands of pages3 and I recently published the whole pile on Archive.Org for your pleasure and edification.

At this late date, of course, and this was doubtless the City’s intention, the battle for the soul of Hollywood Blvd is pretty much over, with the reprehensible frightening whitening brightening of its nightlife essentially complete. However, history is interesting as well as political science, so I plan to write on these emails from time to time as there’s a lot of really disturbing and important material in there. The texts for today’s sermon come from this set here, and turn the page for the details!
Continue reading Thousands Of Pages Of 2016 LAPD Emails Shed Light On Hollywood Nightclub Racism And Creepy Cop Tricks — Including Targeted Enforcement Against Minority-Serving Establishments — Sending People “To Jail Before They Commit Crimes” — Explicit Targeting Of Putatively Chronic Offenders — Not To Mention Bizarro-World Redaction Policies Which Shed Some Light On The LAPD’s Contempt For The Public Records Act

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In 1995 The City Attorney And The Fair Political Practices Commission Both Agreed That BIDs Were Government Agencies And Their Board Members Were Public Officials Subject To The Brown Act And The CPRA — So When Aaron Epstein Sued The City And The Hollywood BID In 1999 Why Did The City Take Kerry Morrison’s Side Even Though They Already Knew Epstein Was Right? — Probably Yet Another Case Of Yielding To Her Every Damn Whim No Matter How Dire The Consequences — Ironically The Same Lawyer, Patricia Tubert, Argued Both Contradictory Sides Of The Dispute

I’ve written many times about the monumental case Epstein v. Hollywood Entertainment District BID and will, I have no doubt, write about it many more times to come. The issue in 1998 was that Hollywood property owner Aaron Epstein thought that he ought to be able to attend BID meetings whereas executive director Kerry Morrison, then at the very dawn of her BIDdological career but as characteristically secretive as ever, refused to let him in to watch his money being spent.

He sued in 1999, claiming that the BID1 was required to comply with the Brown Act by virtue of §54952(c)(1)(A), which makes an entity of the following type subject to its transparency requirements:

A board, commission, committee, or other multimember body that governs a private corporation, limited liability company, or other entity that … [i]s created by the elected legislative body in order to exercise authority that may lawfully be delegated by the elected governing body to a private corporation, limited liability company, or other entity.

The case yielded a monumental opinion from the Court of Appeal, dripping with sarcasm and barely disguised contempt for the weak arguments of the defendants. It’s worth reading in its entirety, or take a look here for selections. But for our purposes here it’s enough to know that both the BID, driven by Ms. Kerry Morrison and her absolute disgust at the possibility of public oversight of her publicly funded activities, and the City of Los Angeles in the person of then-deputy-City-Attorney Patricia Tubert, argued vehemently that the BID was not in any way subject to the Brown Act.

So what a surprise it was, the other day, to obtain a copy of this 1995 report from the Los Angeles City Attorney, authored by none other than Patricia Tubert, which explicitly stated that in the opinion of the City Attorney BIDs were in fact subject to the Brown Act, exactly as the Court of Appeal ruled in 2001 over the City’s objections. And attached to this report was a 1994 opinion issued by the Fair Political Practices Commission in response to an explicit request from none other than the Los Angeles City Attorney which reached precisely the same conclusion.

And not only that but both agencies agreed that BID board members are in fact public officials with respect to these laws and also subject to state prohibitions on conflicts of interest.2 So it’s really a mystery now why in 1998 when Aaron Epstein wanted to attend BID meetings the City of Los Angeles didn’t just tell Kerry Morrison and her infernal board of directors that they had to let him in. Why they spent three long and undoubtedly expensive years defending a position that they already knew to be wrong.

At this late date and because the attorney client privilege between the City and the City Attorney is doubtlessly implicated, we are probably never going to know for sure why they made the obviously wrong decision to defend an indefensible position. But if they were thinking about Kerry Morrison and her weirdo schemes back then like they are now, and why wouldn’t they have been, they wouldn’t have needed any more of a reason beyond Kerry Morrison’s request. Shameful. And harmful. But not a surprise. Turn the page for selected transcriptions.
Continue reading In 1995 The City Attorney And The Fair Political Practices Commission Both Agreed That BIDs Were Government Agencies And Their Board Members Were Public Officials Subject To The Brown Act And The CPRA — So When Aaron Epstein Sued The City And The Hollywood BID In 1999 Why Did The City Take Kerry Morrison’s Side Even Though They Already Knew Epstein Was Right? — Probably Yet Another Case Of Yielding To Her Every Damn Whim No Matter How Dire The Consequences — Ironically The Same Lawyer, Patricia Tubert, Argued Both Contradictory Sides Of The Dispute

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