Tag Archives: CPRA 6257.5

Business Improvement Districts, Lawsuits, Public Records Act Pragmatics

Historic Core BID Slammed With $40K In Costs And Fees As A Result Of My California Public Records Act Request — Defended By Hollywood Superlawyer Jeffrey Charles Briggs — Who Has Not Won A Single One Of These Cases For His BIDdie Clients — His Whole Argument Here — And In The Rest Of The BID CPRA Cases He’s Defended — Is That I Should Lose Because My Entire Motive For Requesting Records Is To Trick BIDs Into Violating The CPRA — Then Sue Them Repeatedly — And Eventually Drive BIDs Out Of Business — This Is Provably False — And Patently Idiotic — And Explicitly Irrelevant Anyway — But Briggs Keeps Screeching About It — At Some Point I’m Expecting The BIDs To Realize That It’s Cheaper — And Easier — And Smarter — To Just Follow The Damn Law — But It Keeps Not Happening

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Quick summary! In August 2018 I was forced by the unhinged intransigence of Blair Besten, half-pint Norma Desmond of the Historic Core BID, to file a petition seeking to enforce my rights under the California Public Records Act. So the usual on-and-freaking-on process of CPRA litigation happened and after a few archetypally zany moments, like La Besten denying under oath that those things her BID sends out via MailChimp are, you know, emails, everybody filed their briefs in July and on November 5, 2019 we finally had the damn trial and the BID lost big freaking time!

And when a local agency such as a BID loses a CPRA case the law is very clear. The judge must award costs and fees to the requester.1 It doesn’t happen automatically, though. The prevailing requester has to file a fee motion and if the parties can’t agree on it there’s a hearing. So we filed the motion, and by “we” I mean my attorney, the incomparable Colleen Flynn, and here’s a copy of the fee motion. The BID flipped out and you can read their reply to the fee motion and our reply to their reply if reading a flipout is interesting to you.

We were supposed to have a hearing in May, but of course that didn’t happen. However, the judge did issue a tentative ruling, of which there is a transcription below, and awarded us $39,720 in fees and $1,099.25 in costs. This may seem high, but Chalfant cut Flynn’s hourly rate from $740 to $400 based on his unarticulated evaluation of the difficulty of the case and the level of expertise involved, which apparently judges mostly just have the discretion to do.
Continue reading Historic Core BID Slammed With $40K In Costs And Fees As A Result Of My California Public Records Act Request — Defended By Hollywood Superlawyer Jeffrey Charles Briggs — Who Has Not Won A Single One Of These Cases For His BIDdie Clients — His Whole Argument Here — And In The Rest Of The BID CPRA Cases He’s Defended — Is That I Should Lose Because My Entire Motive For Requesting Records Is To Trick BIDs Into Violating The CPRA — Then Sue Them Repeatedly — And Eventually Drive BIDs Out Of Business — This Is Provably False — And Patently Idiotic — And Explicitly Irrelevant Anyway — But Briggs Keeps Screeching About It — At Some Point I’m Expecting The BIDs To Realize That It’s Cheaper — And Easier — And Smarter — To Just Follow The Damn Law — But It Keeps Not Happening →

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CD13, Public Records Act Pragmatics

Mitch O’Farrell And The California Public Records Act — Second Part Of A Series On His Outrageous Violations — He Has Instructed His Flunky — Dan Halden — To Redact The Names Of Constituents Who Send Him Insane Rage Rants Against Homeless Human Beings — Advocating Starvation — Forced Relocation — And Similar Genocidal Measures — And The Reason He Thinks He Can Hide Their Identities? — Because — Halden Says — Publicity Would “Chill” Their Willingness To Ask Mitch O’Farrell For “Help” — What He Means Is They Don’t Like Being Exposed And Mocked On The Internet For Their Sociopathy — At O’Farrell’s Bidding Halden Also Redacts The Names Of Actual Public Officials — Like Jittery Little Peruvian-Hating Psychopath Carol Massie — Of The Hollywood Property Owners’ Alliance — And Refuses To Explain Why — Although The Real Reason Is Obvious — O’Farrell Hates The Constitution — And He Hates The Law — And He’s Really Got To Go

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Here’s another installment in my ongoing series of posts about the City of Los Angeles and the interesting ways in which its various departments violate the California Public Records Act.2 Today I’m looking once again at Los Angeles City Council District 13, repped by the fecklessly idiotic troll doll Mitch O’Farrell, and some of O’Farrell’s illegal email redaction policies.3 The story actually begins last March.

At that time I received some emails from CD13 containing conversations between staffers, LAPD officers, and local owners of commercial properties about homelessness. The discussions were filled with dehumanizing stereotypes and calls to starve the homeless, to use pressure-washing and illegal planter placement and other hostile measures to displace them, and so on. All of this not just uncriticized, not just accepted, but actively encouraged and facilitated by City staff and LAPD officers.

I found the whole scene appalling and wrote a number of posts exposing these privilege-addled sociopaths, the main one of which is here but this other one about Kanye West flunky Anthony Kilhoffer is also good. Some of them flipped out and threatened me and apparently others complained to CD13 that I had exposed their sociopathy to the world or that I was mean to them on the internet or whatever. Since then, clearly in response, CD13 has redacted email addresses of basically every correspondent who’s not using a government email address.4

Dan Halden, who’s responsible for handling some of my CD13 CPRA requests,5 has told me that such redactions are legally justified because exposing constituents to personal mockery for advocating genocide against the homeless would create a chilling effect on their willingness to contact their elected officials. Here’s one instance of Halden’s articulation of this novel6 legal theory:
Continue reading Mitch O’Farrell And The California Public Records Act — Second Part Of A Series On His Outrageous Violations — He Has Instructed His Flunky — Dan Halden — To Redact The Names Of Constituents Who Send Him Insane Rage Rants Against Homeless Human Beings — Advocating Starvation — Forced Relocation — And Similar Genocidal Measures — And The Reason He Thinks He Can Hide Their Identities? — Because — Halden Says — Publicity Would “Chill” Their Willingness To Ask Mitch O’Farrell For “Help” — What He Means Is They Don’t Like Being Exposed And Mocked On The Internet For Their Sociopathy — At O’Farrell’s Bidding Halden Also Redacts The Names Of Actual Public Officials — Like Jittery Little Peruvian-Hating Psychopath Carol Massie — Of The Hollywood Property Owners’ Alliance — And Refuses To Explain Why — Although The Real Reason Is Obvious — O’Farrell Hates The Constitution — And He Hates The Law — And He’s Really Got To Go →

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LAUSD, Public Records Act Pragmatics

Metaphorically Mobbed-Up Charter School Lawyer Erica Klein Loses Her Mind In Response To My Request For Public Records – The Six Month – So Far! – Saga Revealed Here In All Its Mind-Numbingly Psychotic Detail! – Name Calling! – Lies! – Weirdo Obstructionism! – Legal Threats – And Ultimately Capitulation!

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It’s astonishing to me even after more than five years of dedicated CPRA-ology the literal torrents of microaggressions, macroaggressions, evasions, lies, threats of retaliatory litigation, illegal demands for payment, and so on, that public agencies will unleash on unsuspecting citizens who try use the California Public Records Act to understand and influence these putatively public-serving offices, created by popular will to serve the needs of the people of California.

Their nuclear skunk-spray defense tactics are really successful against unsuspecting, unprepared, inexperienced requesters. So occasionally, in furtherance of my goal of empowering Angelenos7 to be able to use the CPRA as the exceedingly powerful tool of activism that it potentially is, I like to tell stories of my own experiences to expose, mock, and troll the bad actors, demystify and defang their tactics, and build solidarity among requesters.8 To remind you that you’re not alone and that when they’re screaming at you, threatening you, insulting you, aggressively billing you for zillions of dollars, you still have a constitutional right to get the damn records at no charge.9

And today, friends, do I have one heck of a story for you! Encompassing in a single episode an extraordinarily broad variety of popular obstruction tactics! With the added attraction of a LOL-U-mad-bro moment in which opposition lawyer Erica Klein, name partner of metaphorically mobbed-up charter law shyster conspiracy Hansberger & Klein, totally lost her already minuscule supply of what apparently passes for cool among the charter law conspiracy circles in which she moves, revealed in an extraordinarily explicit series of batshit psychotic emails!
Continue reading Metaphorically Mobbed-Up Charter School Lawyer Erica Klein Loses Her Mind In Response To My Request For Public Records – The Six Month – So Far! – Saga Revealed Here In All Its Mind-Numbingly Psychotic Detail! – Name Calling! – Lies! – Weirdo Obstructionism! – Legal Threats – And Ultimately Capitulation! →

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LAPD, Los Angeles City Council, Los Angeles City Government

Massive Record Release — Including Emails Between Skid Row LAPD, Deputy City Attorneys, Council Staffers, Property Owners — Shows Among Many Other Things Extensive City Collusion In Skid Row Anti-Homeless Landscaping Projects — Like Miguel Nelson’s North Sea Horror Show — Encampment Cleanups Scheduled To Suit Needs Of Property Owners — Photographs, Briefing Documents, Sanitation Cleanup Schedules — And So Much Else It’s Not Possible To List

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I recently obtained part of a vast set of records from the LAPD, comprising emails between four officers and a long list of people involved with homeless issues on Skid Row as well as a wide variety of other materials which was attached to the emails. The officers are Marc Reina, Aloaf Walker, Robert Arcos, and Keith Bertonneau. Their correspondents are many, but in particular property owner Miguel Nelson, deputy city attorneys Kurt Knecht and Gita O’Neill, and LA Sanitation staffer Bladimir Campos.

This is an incredibly rich, incredibly complex set of material. The whole thing, or as much as I have so far as I am told there is more to come, is here on Archive.Org. There are many, many enlightening stories to be told from these sources, and I will be posting on some of them over the next few days.10 Also, I hope to publish a list of some of this stuff soon with brief descriptions. But I have extracted one important story for you this evening.

There’s been a lot in the news lately about anti-homeless planters in Venice of one sort or another, installed illegally and passively tolerated or even actively assisted by the City of Los Angeles. But the latest round of weaponized agriculture started last year in Skid Row with the so-called North Sea Project, which also involved giant heavy planters taking up the sidewalk to prevent people from sleeping there.

This North Sea installation was guided mostly by local property owner Miguel Nelson.11 According to KCRW Nelson obtained permits from the City for his hostile landscaping, unlike the copycats in Venice. The purpose of these planters, anti-homeless and pro-gentrification, was widely reported in the international press. Even the SRNC Formation Committee’s own General Jeff weighed in on the anti-human motivation behind these abominations.

But what I haven’t seen reported on anywhere is the astonishing level of City complicity in the installation of these Skid Row planters, which exceeds at least what we know about parallel issues in Venice.12 The evidence shows that the City of Los Angeles conspired with Miguel Nelson to coordinate the installation of sidewalk fencing on the east side of Towne Avenue between Fourth and Fifth streets with an Operation Healthy Streets raid.

Bladimir Campos of LA Sanitation gave Nelson five days advance notice of the cleanup so that he would have time to schedule his fence crew to barricade off the public sidewalk to prevent encampments from returning before he had a chance to install the planters. Note that five days is even more notice than the people living in the encampment got! Further, on the day that the cleanup crew was working Campos instructed his subordinates to give Nelson real-time estimates of their arrival. There’s no reason to suspect that this level of cooperation wasn’t in play through the whole North Sea installation process.

This is in sharp contrast to the City’s refusal, which continues to this day, to give homeless rights advocates advance notice of cleanups so that they can be observed and recorded. Interestingly, the City is expressly forbidden by the California Public Records Act from releasing or refusing to release information based on the purpose it’s to be used for,13 and yet that is exactly what they’ve done in this case by releasing it to be used against homeless people but withholding it from those who would use it to defend their rights.

It’s also in sharp contrast to the City’s stated purpose for Operation Healthy Streets, which like most14 such tools placed in the hands of the City has been weaponized to serve the interests of property owners. The mission at one time seems to have been fairly humane. Nothing to do with clearing out encampments so that property owners can colonize the space with planters:

Operation Healthy Streets (OHS) was implemented in 2012 as a robust homeless community outreach program designed to provide adequate notice and identify high-risk people in need of services and assistance.

As always, turn the page for links to and transcriptions of the actual evidence.
Continue reading Massive Record Release — Including Emails Between Skid Row LAPD, Deputy City Attorneys, Council Staffers, Property Owners — Shows Among Many Other Things Extensive City Collusion In Skid Row Anti-Homeless Landscaping Projects — Like Miguel Nelson’s North Sea Horror Show — Encampment Cleanups Scheduled To Suit Needs Of Property Owners — Photographs, Briefing Documents, Sanitation Cleanup Schedules — And So Much Else It’s Not Possible To List →

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Announcements, Business Improvement Districts, Hollywood BID Patrol

New Documents! East Hollywood BID Quarterly Reports, Media District BID Emails, Media District BID Materials About Andrews International Security Switcheroo Including Emails, Draft Contracts, Price Matrices, And So On!

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Yesterday I received a bunch of new records from Hollywood BIDboy attorney Jeffrey Charles Briggs, acting on behalf of the East Hollywood BID and also the Media District BID. Some of the stuff had to do with the Media District’s early renewal, which I wrote about yesterday, and today I’m mostly just announcing the balance of the material, which is available from our Archive.Org collections. In particular, we have:

  • East Hollywood BID quarterly reports 2012-2016 — BIDs are required by their contracts with the City to submit quarterly reports with updates on how they’ve been spending their money.15 These are useful to have on hand for reference. There’s nothing in these that stands out right now, but I haven’t read them carefully yet nor even looked at all of them.
  • Media District emails with the City of LA — And also a few from the Hollywood Property Owners Alliance folks, although nothing substantial. Again, it’s essential to have this material on hand for reference. There doesn’t seem to be much of special interest here, although there’s a lot more evidence of Rita Moreno’s uncharacteristically activist style as a BID analyst with the Clerk’s office, which is abstractly a good thing, although certainly she’s not going to be an activist if it upsets the BIDs too much.
  • Media District emails about Andrews International Security contract — The Media District BID is in the process of hiring infamous private security monolith Andrews International as its security provider, to begin July 1. These are some emails about the process. The most interesting things here are the attachments, which include A/I’s standard contract as well as proposed pricing matrices and so on. Andrews International famously runs the infernal Hollywood BID Patrol for the even-more-infernal Hollwood Property Owners Alliance just North of the Media District, so everything about them is interesting. There is much more material to come regarding this matter, and I will write about it in detail as it comes in, but it’s essential enough that I thought I’d better publish what I had immediately.

So that’s the new stuff, all except for one little email which didn’t exactly fit into any of those categories. It appears to constitute attorney/client communications, and perhaps it was handed over in error. But legally handed over it was, so I’m publishing it, and you can see a copy and read all about it after the break!
Continue reading New Documents! East Hollywood BID Quarterly Reports, Media District BID Emails, Media District BID Materials About Andrews International Security Switcheroo Including Emails, Draft Contracts, Price Matrices, And So On! →

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