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 1994.1 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→
Public urine in Hollywood belongs in a public restroom. But what counts as public?While poking around BID Patrol arrest reports recently obtained from the HPOA by our faithful correspondent, we noticed a weird, repetitive quirk in the ones relating to LAMC 41.47.2, which forbids public urination. The arresting security guards uniformly either ask their victim if he or she knew of the existence of public restrooms close by or else they note in their report that there were public restrooms close by. Now, whenever one finds this kind of textual consistency in police reports it’s possible to be sure of two things. First, there’s some element of the crime that they’re trying to make sure is definitely established. Second, that they’re probably lying. In this case, it was hard to see what element might be related to the proximity of public restrooms. The law doesn’t mention them, and is not subtle in the least:
No person shall urinate or defecate in or upon any public street, sidewalk, alley, plaza, beach, park, public building or other publicly maintained facility or place, or in any place open to the public or exposed to public view, except when using a urinal, toilet or commode located in a restroom, or when using a portable or temporary toilet or other facility designed for the sanitary disposal of human waste and which is enclosed from public view.
But a little googling revealed the explanation, among other interesting things. First, public urination wasn’t against the law in the city of Los Angeles until 2003. We’re guessing that there was no pressing need to make it so because vagrancy laws could be used against public urinators as desired until they were definitively destroyed in 1983.2 So maybe outlawing public urination wasn’t as urgent as, e.g., squashing drinking beer in the park (which was outlawed in LA only in 1983) and also, the LA Times suggested that previously public urinators were charged with littering, but that the City Attorney decided that that was bogus. In any case, the Council file on the matter shows, surprisingly, that it took more than four years to get the prohibition passed into law. There doesn’t seem to have been any public discussion of the matter before it passed, either, although it may be just that the online materials from that long ago are fragmentary.
Second, the LA Times article quoted the objections of members of the Los Angeles Community Action Network and other homeless advocates to a law which criminalized essential bodily functions of the homeless, and in response, after the law was passed, according to the Times, “Council members pledged that people would be prosecuted only in cases when there is a public toilet nearby that they failed to use.” So this is why, no doubt, the BID Patrol feels that it has to note the locations of nearby “public” restrooms in its arrest reports. Their weirdo interpretation of the meaning of “public” also shows why it’s necessary to put things like the “public restrooms available” pledge in the law itself. Actually, once the law is passed, it doesn’t matter what Councilmembers say they meant it to mean, it only matters what it says. This is how the rule of law works in a free society. Also, isn’t it very suspicious but unfortunately not surprising that they put the fuzzy-wuzzy warmsy-hugsy interpretation of the law in the paper but not in the statute books?
And that’s not the worst thing about this nonsense. Even if the City Council intended the law to be enforced this way, even if the freaking Mayor ordered the LAPD only to enforce the law this way, none of that would reign in the BID Patrol. They are essentially beyond the control of public policy and beholden only to the written letter of the law.3 As we’ve discussed before, according to LAPD Commander Andrew Smith, if a citizen’s arrest is made, the LAPD must accept custody of the arrestee even if the arrest was made contrary to public policy.
On January 25, 2016, the Legal Aid Foundation of Los Angeles sent a scathingly forthright letter to the LA City Council arguing that the Los Angeles Homeless Services Authority, on whose commission Kerry Morrison serves, falsely stated in its 2015 Continuum of Care application for more than $110 million in federal funding for homeless programs that the City of LA was going to stop criminalizing homelessness by amending its abhorrent, unconstitutional LAMC 56.11 to eliminate criminal penalties for the storage of personal property on sidewalks. This copy was distributed by HPOA Executive Director Kerry Morrison to the Central Hollywood Coalition Board of Directors at their February 9, 2016 meeting. It has annotations inscribed by an unknown hand (probably Kerry Morrison’s). They are fascinating, and we discuss them below.
If you’ve been following the amendments to the ordinance as originally adopted (most importantly here and also here) LAFLA’s allegations will come as no surprise to you. The City of Los Angeles, it seems, is completely unwilling to stop arresting homeless people, even if it puts hundreds of millions of dollars of federal funding at risk.
Now, we’re not as sure as LAFLA is that LAHSA actually lied. Here’s what HUD asked (see p.10 of the application for context):
Select the specific strategies implemented by the CoC to ensure that homelessness is not criminalized in the CoC’s geographic area. Select all that apply. For “Other,” you must provide a description…
Here’s how LAHSA responded:
on Nov 17, 2015, the LA City Council amended the ordinance [LAMC 56.11] to remove sanctions and criminal penalties, reducing sanctions further than the initial municipal code.
And here’s what LAFLA said with respect to this:
…the implication was that any amendment would remove all criminal penalties and sanctions. The amendments as proposed by the City Attorney do [no] such thing.
So LAFLA reads an implicit “all” before the word “sanctions,” which would make LAHSA’s statement false on its face. However, it’s also possible to read an implicit “some” before the word “sanctions,” which would make the statement true, but deeply deceptive since “all” is a more natural assumption regarding the tacit quantifier. Either way LAHSA not only looks bad, but is putting the money, not to mention their credibility, at risk. After all, if the feds think you’ve lied to them, they are exceedingly unlikely to be convinced by your slippery, clever, alternate reading of what you said.
Also, isn’t it interesting that putative changes in LAMC 56.11 were the only example LAHSA gave of the City’s steps towards decriminalizing homelessness. They didn’t touch the also abhorrent LAMC 41.18(d), which forbids sitting on the sidewalk in the absence of a parade. They didn’t even mention it, which is also deceptive. This is the BIDs’ favorite anti-homeless law, and it’s enforced in an openly selective manner against homeless people. At some point HUD is going to notice this, and, as we have predicted before and predict again now, this will be the rock that the BIDs’ ship founders on. The City won’t be able to do without the money, the BIDs won’t be able to do without the law, but the City will be able to do without the BIDs in their present form.
Foul whisperings are abroad. Unnatural deeds Do breed unnatural troubles; infected minds To their deaf pillows will discharge their secrets. More needs she the divine than the physician. God, God, forgive us all!
It never occurred to us—Carol Massie, Lady Macbeth…hmmm…
Watch, listen, and learn as Central Hollywood Coalition BID-Boardies Brian Folb and Carol Massie misunderstand everything about everything about homelessness in Los Angeles. We suppose that one of the big drawbacks to being a zillionaire is that you end up thinking you’re the sun and the rest of the world orbits around you and then you expose your delusions in public, maybe even on camera, and then you get mocked (to witness which, if you’re wondering, is why you’ve all been summoned here today!)
Jackie Goldberg, CD13 representative from 1994–2000, midwife, enabler, and founding mother of the Hollywood Property Owners Alliance as we know it today.NOTE (Jan. 3, 2019): The records discussed in this post are now also available on Archive.Org.
I was recently seeking some records of Eric Garcetti’s from his time at CD13 and was dismayed to find that former councilmembers’ records aren’t systematically retained, especially when they, like Garcetti, take another city job subsequent to serving on the council. On the other hand, this search did lead me to the website of the Los Angeles City Archives, which is a miracle of rare device indeed. I’m going to write up the details when I have time for inclusion in our Practical Guide to Using the CPRA in Los Angeles, but the TL;DR is that you look here for the finding aids to the archives, find what you want, email the guy a day before, and head on down to 555 Ramirez Street and sit there looking through boxes at folder upon folder upon folder of actual files from actual Los Angeles City Councilfolk. You can copy whatever you want! It’s so lovely I can’t even describe it. I will tell you what I found there, though! Continue reading Files from the Archives: Former City Councilwoman Jackie Goldberg and the Prehistory of the Hollywood Property Owners Alliance→
Kerry Morrison chooses which of the two masters she’s gonna love and, consequently, which she’s gonna hate.In the last two weeks, two cataclysmic changes in the the Los Angeles Homeless Services Authority‘s mission have made it, in not just our opinion but in the opinion of any sane observer, impossible for Kerry Morrison to ethically continue to serve as both a LAHSA Commissioner and the executive directrix of the HPOA. Since as of a few years ago she was earning $192,794 per annum1 from the HPOA we’re guessing it’s not that job she’s gonna quit. What happened is this: both the Los Angeles City Council and the Department of Housing and Urban Development are poised to ask LAHSA to (a) decide where across the city to locate service centers for the homeless and (b) to stop breaking up homeless encampments. Kerry Morrison counting a homeless person, no doubt using the local methodology that “[f]ederal officials are disputing,” according to the Los Angeles Times.
Unfortunately, Kerry’s masters on the BID Boards expect her to target the homeless for hyperenforcement even as they scoff at the very idea that homeless human beings have rights and, accordingly, she’s directed her flunkies (we’re talking about you, Steve Seyler) to arrest homeless people in encampments and for any other random thing that pops into their heads. She can’t ethically do both, for, as a wise man once said:2
No one can serve two masters, for either he
will hate the one and love the other; or else
he will be devoted to one and despise the
other. You can’t serve both God and Mammon.
there were a series of four hearings that the chief administrative office staff held on the… the sidewalk vending ordinance. … It’s just this kind of amorphous set of hearings, which were completely dysfunctional, disrespectful, and almost, um, resembled a circus.
Now listen, O citizens of Hollywood, to HPOA staffie Devin Strecker speaking before the same meeting:
Heladero chained to a bench in 2007 courtesy of the BID Patrol. José Huizar’s proposed ordinance would end this kind of sadism in Los Angeles, but the BIDs, with the connivance of CCA and Rodriguez Strategies won’t give up so easily. “It is our God-given right to handcuff the heladero!”Watch, listen, and learn1 as Marie Rumsey of the Central City Association and PR flackette Jessica Borek of thuggish PR RICO Rodriguez Strategies fill in the HPOA board on their strategic schemes to allow the BID Patrol to continue to arrest, shackle, and humiliate the ice-cream man. These people are so power-mad they want to ban bacon dogs, the national food of Los Angeles!(Transcription, as always, after the break).
Even after all this time, it’s hard to understand why these people are so dead-set against legalizing and regulating something that’s not only happening now, but is going to be happening in the future because it’s an integral part of the culture of Los Angeles. We have some ideas, but whatever their reasoning is, we don’t think it would be too much to ask that they tell the truth while they’re opposing it. Marie Rumsey of the Central City Association at the March 19, 2015 meeting of the HPOA Board, lying through her teeth about pretty much everything.
First of all, Marie Rumsey wants you to know that there are only nine health inspectors for all of LA county and there are 50,000 street vendors. The point is that it’s unlikely that food vendors would be inspected sufficiently. Let’s forget, just for a second, that currently none of the vendors are inspected, so inspecting ANY of them would improve public health. According to Bloomberg, there are 10,000 illegal food vendors in Los Angeles (granted, out of 50,000 vendors total, but health inspectors don’t worry about balloon-sellers, do they?) That’s lie number one, Marie. Next, we can’t find hard data for the number of health inspectors in LA County at the moment, but a moment’s googling told us that in 1989 there were 47 of them, and in 1997 there were 161. That the number has dropped to 9 in 2015 seems beyond implausible. That’s lie number two, Marie.
Homeless encampment on Cole Avenue south of Willoughby Avenue in November, 2014We have written before about the January 2015 conspiracy comprising indefatigably feckless dudebro Steven Whiddon and various city officials, including LA City Council District 13 field deputy Dan Halden, to (probably illegally, certainly immorally) use the threat of powerwashing sidewalks outside of the Public Storage building at the corner of Willoughby and Cole as a means of removing homeless people and their possessions, in violation of both human decency and the Lavan injunction. Today we have an email chain from November 2014 which illuminates the origins of the conspiracy and also demonstrates that LA City Council District 4 operatives as well were involved in the furtherance of these misdeeds.
The face of conspiracy: Indefatigably feckless dudebro Steven Whiddon, wearing his sunglasses after the manner of his tribe.
We join the sordid story on November 6, 2014, when someone named Marvin Cruz emailed Universal Protective Services security wallah John Irigoyen, CC-ing hmd.acevedo@yahoo.com, sgt.m4te@yahoo.com, and someone named Damien Reed, stating somewhat obscurely that:
There is alot [sic] of trash dumping here accross [sic] from 832 cole( public storage side). Also multiple 647I’s that block the aide [sic] walk. Can u [sic] contact HBT for the trash and maybe also lapd to come andtake [sic] contact with the idas.
![Kerry Morrison counting a homeless person, no doubt using the local methodology that "[f]ederal officials are disputing," according to the Los Angeles Times.](https://michaelkohlhaas.org/wp-content/uploads/2015/09/Kerry-makes-a-comnnection.jpg)
