Tag Archives: Los Angeles City Attorney

New Chapter in Street Character Wars Begins Today as City Council Will, in Futile Attempt to Appease the Inappeasable Kerry Morrison, Set the Stage for More Huge Tax-Funded Payouts to Carol Sobel

Councilmember Mitch O'Farrell holds up copy of agreement with HPOA Executive Director Kerry Morrison announcing his willingness to cede control over the Sudetenland Hollywood and Highland to her in exchange for peace in our time.
Councilmember Mitch O’Farrell, dressed as Neville Chamberlain and performing for tips on Hollywood Blvd, holds up a copy of agreement with HPOA Executive Director Kerry Morrison announcing his willingness to cede control over the Sudetenland Hollywood and Highland to her in exchange for peace in our time.
According to an article in today’s Times by Emily Alpert Reyes and Nina Agrawal, the Los Angeles City Council is set to act today1 on Council File 15-0798, opened last June by Mitch O’Farrell and Tom LaBonge, ordering Mike Feuer’s office to write a draft ordinance regulating street characters on Hollywood Boulevard between Highland and Orange.

Of course, this is a direct response to Hollywood Property Owners Alliance ED Kerry Morrison, who’s been obsessing about this issue for decades now, even to the point of bullying City officials and entering into crazed cross-continental conspiracies. The City last cracked down on street performance at the behest of Ms. Kerry Morrison in 2010, leading to a federal lawsuit filed in August of that year by the incomparable Carol Sobel. The initial complaint was followed a mere two months later by a restraining order against the City of Los Angeles and, four months after that, a payout of $100,000 in damages and fees to the street characters and Carol Sobel, who has continued to make well-earned megabucks from the idiocy of the City of Los Angeles.
Continue reading New Chapter in Street Character Wars Begins Today as City Council Will, in Futile Attempt to Appease the Inappeasable Kerry Morrison, Set the Stage for More Huge Tax-Funded Payouts to Carol Sobel

Share

Further Speculation on Why BID Patrols Aren’t Registered with the Los Angeles Police Commission

This is not a police officer, it's unregistered-with-the-police-commission BID Patrol officer M. Gomez (Badge #148) looking a lot like a police officer.
This is not a police officer, it’s unregistered-with-the-police-commission BID Patrol officer M. Gomez (Badge #148) looking a lot like a police officer.
Recently I discovered that BID security contractors weren’t registered with the LA Police Commission and that no one seemed to know why. Further investigation suggested that perhaps registration had just fallen through the cracks. Well, after rereading the material from the Council file and requesting and receiving the Police Commission minutes from April 25, 2000, I noticed that there was at least one possibly significant difference in the April 25, 2000 version of LAMC 52.34 that the Commission sent over to the Council on April 27 as compared to the version that the City Attorney sent to the Council on March 31 and that it’s possible to make some kind of a case that this difference answers the BID security question. It’s not a likely case, though. Read on for details on both the potential argument and some potential objections to it.
Continue reading Further Speculation on Why BID Patrols Aren’t Registered with the Los Angeles Police Commission

Share

Council Votes to Repeal Unconstitutional Street Sleeping Ordinance, Which Maybe Has Implications For BID Security Registration with Police Commission

Your civil liberties at work.
Your civil liberties at work.
Today the LA City Council repealed LAMC 85.02, which prohibited sleeping in cars, and which the Ninth Circuit found to be unconstitutional in 2014 (even though the BID Patrol never seems to have gotten the message). The Council File is here, and the most interesting part is the the City Attorney’s report explaining why they ought to repeal the law.

Here’s a possibly wack but superficially plausible theory of why this situation might lend independent support to the idea that BID security actually ought to register with the Police Commission.
Continue reading Council Votes to Repeal Unconstitutional Street Sleeping Ordinance, Which Maybe Has Implications For BID Security Registration with Police Commission

Share

Update on the Question of Why BID Security Patrols Aren’t Registered with the Los Angeles Police Commission

Richard Tefank, Executive Director of the LA Police Commission.
Richard Tefank, Executive Director of the LA Police Commission.
I have some new information about, although not an answer to, the question, which I wrote about last week, of why BID security patrols aren’t registered with the Los Angeles Police Commission even though LAMC 52.34 would seem to require registration. If this is the first time you’re hearing about this, you should read that post first for background.

First of all, I exchanged a number of emails with William Jones, a senior management analyst with the LAPD permit processing section. He directed me to Officer Vicencio in the Police Commission’s Enforcement section. Vicencio was on vacation last week, but I finally got a chance to speak to him on the phone. He told me that BID Patrols were exempt from the LAMC 52.34 requirement because state law exempted them. He did not know what section of state law exempted them. He also told me that “about fifteen years ago” the City Attorney issued an opinion stating that BID Patrols were not subject to the registration requirement. He said that any private security firm that was under contract to the City or had an MOU with the City was not required to register.
Continue reading Update on the Question of Why BID Security Patrols Aren’t Registered with the Los Angeles Police Commission

Share

LAMC 41.47.1: This Seemingly Unknown Municipal Bathroom Law Could Change the Whole Public Urination Discussion in Los Angeles, but it has Never Been Used

These signs are hanging all over the City of Los Angeles, and it turns out that they're completely unenforceable.
These signs are hanging all over the City of Los Angeles, and it turns out that they’re completely unenforceable.

Arrests for public urination/defecation are a fundamental tool in the war against homeless people in Los Angeles, as well as being a major part of the BID Patrol’s work in Hollywood. In 2015, for instance, the BID’s data shows that about 8%2 of the arrests that Andrews International made across the two HPOA BIDs3 were for public urination/defecation, which is a violation of LAMC 41.47.2.

When the City Council passed LAMC 41.47.2 in 2003, they were roundly (and rightly) criticized by advocates for the rights of homeless people, who pointed out that it was inhumane to criminalize an activity that is necessary to sustain life without providing a practical alternative. My colleagues have written before about how Councilmembers responded to this by promising informally that it wouldn’t be enforced if there were no nearby public restrooms and by promising to install more public restrooms around the City. However, they failed to amend the actual statute, which has led to widespread abuse.4 And 13 years later there aren’t significantly more public restrooms.

However, there is another part of the public urination law, LAMC 41.47.1, which is never even mentioned in discussions of the issue, and yet it is not only relevant, but radically, transformatively relevant. It was adopted by the Council in 1988 and says:

If restroom facilities are made available for the public, clients, or employees, no person owning, controlling, or having charge of such accommodation or facility shall prohibit or prevent the use of such restroom facilities by a person with a physical handicap, regardless of whether that person is a customer, client, employee, or paid entrant to the accommodation or facility. Employee restrooms need not be made available if there are other restroom facilities available on the premises unless employee restroom facilities have been constructed or altered to accommodate the physically handicapped and such facilities are not available elsewhere on the premises.

This has the potential to change the entire conversation about public restrooms, public urination, and homelessness in Los Angeles.
Continue reading LAMC 41.47.1: This Seemingly Unknown Municipal Bathroom Law Could Change the Whole Public Urination Discussion in Los Angeles, but it has Never Been Used

Share

Why Aren’t BID Security Patrols Registered with the Los Angeles Police Commission?

Any badge, insignia, patch or uniform used or worn by any employee, officer, member or associate of a private patrol service, while on duty for said patrol service, shall be in compliance with State law.  Any such badge, insignia, patch or uniform shall not be of such a design as to be mistaken for an official badge, insignia or uniform worn by a law enforcement officer of the City of Los Angeles or any other law enforcement agency with jurisdiction in the City. LAMC 52.34(d)(1)
Any badge, insignia, patch or uniform used or worn by any employee, officer, member or associate of a private patrol service, while on duty for said patrol service, shall be in compliance with State law. Any such badge, insignia, patch or uniform shall not be of such a design as to be mistaken for an official badge, insignia or uniform worn by a law enforcement officer of the City of Los Angeles or any other law enforcement agency with jurisdiction in the City. LAMC 52.34(d)(1)
Recently I was reading the Los Angeles Municipal Code5 and came across LAMC 52.34, which discusses “private patrol services” and their employees, “street patrol officers.” The gist of it seems to be6 that private patrol service operators must register with the Police Commission, and also prove that their employees’ uniforms and badges don’t look too much like real police uniforms and badges. They’re also required to have a complaint process and submit lists of employees and some other things too.

Well, as you can see from the photo above, and from innumerable other photos and videos I’ve obtained from the Hollywood BID Patrol, there is a real problem with BID Patrol officers looking like LAPD. Their uniforms are the same color, their badges are the same shape and color, and so on. Also, they’re famous for not having a complaint process, or at least not one that anyone can discover easily. The Andrews International BID Patrol isn’t the only one with this problem, either. The Media District‘s security vendor, Universal Protection Service, doesn’t seem to have one either. In fact, it was UPS Captain John Irigoyen‘s refusal to accept a complaint about two of his officers that inspired the establishment of this blog. The A/I BID Patrol is as guilty of this lapse as anyone.

Richard Tefank, Executive Director of the LA Police Commission.
Richard Tefank, Executive Director of the LA Police Commission.
The fact that private patrol operators were required to file actual documents with a city agency means that copies would be available! So I fired off some public records requests to Richard Tefank, Executive Director of the Police Commission. He answered right away and told me they’d get right on it. What a relief to discover that Police Commission CPRA requests don’t have to go through the LAPD Discovery Section, which is so notoriously slow to respond that the City of LA has had to pay tens of thousands of dollars in court-imposed fines due to their tardiness. Mr. Tefank handed me off to an officer in the permits section, and he told me that none of the three BID security contractors I asked about; Andrews International, Universal Protection, and Streetplus7 were registered. How could this be, I wondered, given what seems like the plain language of the statute? The story turns out to be immensely complicated, and with lots of new documents.
Continue reading Why Aren’t BID Security Patrols Registered with the Los Angeles Police Commission?

Share

That Time in 2012 When Kerry Morrison’s OCD Street Character Rage Incited Rabid, Frothing-at-Mouth Angry White Property Owning “Bull[ies]” to Attack Jane Ellison Usher and Tamar Galatzan with “Repeated Kicks to the Head”

Kerry Morrison in 2012 explaining to Jane Ellison Usher why it's so important to get rid of street characters in Hollywood.
Kerry Morrison in 2012 explaining to Jane Ellison Usher why it’s so important to get rid of street characters in Hollywood.
Last month we broke the story of Kerry Morrison’s insistence that street characters on Hollywood Blvd. must be outlawed to curb terrorism while carving out a performative exception for the Ku Klux Klan’s Hancock Park operations. One of the incidents described there was a terse summary from HPOA Board minutes about how some meeting was tense because the City Attorney’s office had “…dropped the ball…” and they walked out of the meeting (due to shame or something).
Jane Ellison Usher in May 2009, three years before the HPOA's receiving repeated kicks to the head from Kerry Morrison and bullying friends
Jane Ellison Usher in May 2009, three years before receiving “repeated kicks to the head” from Kerry Morrison and “bully[ing]” friends.
Well, we recognize a whitewashing when presented with one, so we directed our faithful correspondent to investigate further, and, with the assistance of ever-helpful Mike Dundas of the City Attorney’s office, he came up with this little gem right here, which is an email from Special Assistant City Attorney Jane Ellison Usher8 to Kerry Morrison, Joe Mariani, and Leron Gubler, taking them to task for allowing their psychotic crazed white property owner constituents to berate Ms. Usher and her colleague Tamar Galatzan9 over a perceived, albeit delusionally so, inaction with respect to the TERRORISM street character problem at Hollywood and Highland. Ms. Usher’s description is far, far more plausible than that of the anonymous minutes-taker quoted above and far, far less flattering to the crazed HPOA-ites than is their own description. In particular:
Continue reading That Time in 2012 When Kerry Morrison’s OCD Street Character Rage Incited Rabid, Frothing-at-Mouth Angry White Property Owning “Bull[ies]” to Attack Jane Ellison Usher and Tamar Galatzan with “Repeated Kicks to the Head”

Share

Kerry Morrison Declares that Hollywood Street Performers Must Be Unmasked Because of Terrorism While All the While Taking Financial Advantage of Masked KKK Terrorism In Hancock Park

Terrorism according to Kerry Morrison: This is acceptable.
Terrorism according to Kerry Morrison: This is acceptable (and very, very good for business).
We have written many a post about Kerry Morrison’s weirdly obsessive hatred of the street characters at Hollywood Boulevard and Highland Avenue and how she uses the power of her BID to attack them at every turn. Her surreality-based antipathy has at various times inspired her co-conspirators at the LAPD to crack down heavily on these performers, even to the point where Carol Sobel had to sue the cops in Federal Court to stop the neurotic vendetta.

She’s spent at least a decade railing against these characters and working with the City Attorney, the City Council, private attorneys, everyone in sight, without notable success, to ban their activities, to stop them wearing masks, to require them to wear identity badges, to conflate them with terrorists, and so on. Well, we’ve been looking into the matter a little more deeply, and today we’re here to tell you a story about street characters, the KKK, domestic terrorism, anti-mask laws, and property values in Hancock Park.10 First let’s take a little trip through 7 years worth of the minutes of the Board of Directors of the Hollywood Property Owners Alliance, concentrating on the street characters of Hollywood and Kerry Morrison’s efforts to thwart them by any means necessary:

Terrorism according to Kerry Morrison: This is unacceptable.
Terrorism according to Kerry Morrison: This is unacceptable.
Share

Hollywood Property Owners Alliance Formalizes Ongoing Document Destruction Policy Involving Thousands Upon Thousands of Public Records, Seemingly just to Thwart Our Investigations

Hollywood Property Owners Alliance staff members implementing their new document retention policy.  What have you got to hide, friends?!
Hollywood Property Owners Alliance staff members implementing their new document retention policy. What have you got to hide, friends?!
Longtime readers of this blog will recall that one of my very first successful CPRA requests of the HPOA yielded a bunch of emails between AI and the HPOA from October 1, 2014 through November 12, 2014. In fact there were 69 of them during this 43 day period, or more than 1.5 per day. There’s no reason that this period wouldn’t be representative, so we might expect over 500 emails total for 2014. However, I didn’t get around to asking for the rest of the 2014 emails until November of last year and didn’t receive them until January of this year. They are available here, all (only) 90 pages of them. Incredibly, HPOA supplied more distinct emails from October 1, 2014 through November 12, 2014 than they did for all the rest of 2014 when asked a year later. Statistically, therefore, it’s almost certain that they deleted a bunch of stuff. They handed over significantly more emails from 2015, almost 9 MB of them. In all cases there’s demonstrably material missing, e.g. only a small fraction of the weekly reports from AI are present. It wasn’t clear at all what was going on, although I certainly had my suspicions, until a few things happened:
Continue reading Hollywood Property Owners Alliance Formalizes Ongoing Document Destruction Policy Involving Thousands Upon Thousands of Public Records, Seemingly just to Thwart Our Investigations

Share

City Ordered to Pay Plaintiffs’ Attorneys $38,818.49 in Fees and to Comply with Discovery; Additional Hearing Set for April 5, 2016

California-centralOn Monday, March 21, 2016, there was a hearing on the plaintiffs’ application to have the City of Los Angeles held in contempt for its failure to comply with discovery orders in the ongoing lawsuit against the City and the CCEA over the illegal confiscation of the property of homeless people. Recall that the plaintiffs asked the Judge to award them more than $40,000 in fees and to declare that the City was at fault as a punitive measure.

Well, the order resulting from that hearing just hit PACER, and the plaintiffs got some but not all of what they asked for. In particular, they were awarded $38,818.49 in fees. Judgement on the rest of the plaintiffs’ requests was deferred. There will be another hearing on April 5, 2016, at 10:30 a.m. in in Courtroom 690 of the Roybal Building, presumably after which the rest of the matters will be decided. According to the order, by 48 hours in advance of the hearing,

The City is directed to complete its production, serve supplemental responses to the requests for production, respond in writing to the questions asked in plaintiffs’ March 15, 2016 letter from Myers to Whitaker, serve a complete and detailed privilege log, file and serve a report describing the status of its compliance with this and other court orders, and pay the sanctions awarded by this order…

And there are more selections after the break.
Continue reading City Ordered to Pay Plaintiffs’ Attorneys $38,818.49 in Fees and to Comply with Discovery; Additional Hearing Set for April 5, 2016

Share