Tag Archives: Fashion District BID

Newly Obtained Documents Suggest A Tentative Hypothesis on Why BID Patrols Aren’t Registered with the Los Angeles Police Commission and Why They Ought to Be

Joseph Gunn, executive director of the Los Angeles Police Commission in 1999.
Joseph Gunn, executive director of the Los Angeles Police Commission in 1999.
In the City of Los Angeles, private security patrols that operate on the public streets or sidewalks are required by LAMC 52.34 to register with the Police Commission and to satisfy a number of other requirements. I discovered a couple weeks ago that no BID Patrols are registered (and they routinely violate a number of the other requirements). In that same post I traced the issue back to Council File 99-0355. Part of the approved motion that initiated that file was this:

FURTHER MOVE that the City Ccl request the Police Commission to cease their enforcement against the City’s Downtown Center BID and its private patrol service, and any other BIDs until this matter has been reviewed by the City Ccl.

This at least seems to explain a temporary pause in enforcement, although not a policy-based reason never to enforce the registration requirement and the other regulations.

Furthermore, even a trip to the City Archives to copy the whole file left me lacking a definitive answer to the question of why no BID security provider was registered with the Police Commission. Also, I reported last week that no one in the City, either at the Police Commission or elsewhere, seemed to have a firm idea about why this was.

100 W. First Street.  And isn't this a lovely visual metaphor for the City government of Los Angeles?
100 W. First Street. And isn’t this a lovely visual metaphor for the City government of Los Angeles?
Well, last week the incredibly helpful Richard Tefank pulled a bunch of old Police Commission minutes out of storage for me and last Thursday I went over to 100 W. First Street to take a look at them. Most of the material was also in the Council file, but there were a couple new items that, while they don’t explain dispositively what happened, they suggest a likely hypothesis. Also, if this hypothesis is correct, it’s pretty clear that BID Patrols really ought to be registered and, furthermore, that the Police Commission has the right to investigate and regulate them.
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How to Destroy a Business Improvement District in California: A Theory

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.
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.
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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 Code2 and came across LAMC 52.34, which discusses “private patrol services” and their employees, “street patrol officers.” The gist of it seems to be3 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 Streetplus4 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.
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Many Years Worth of New Documents: Arrest Reports, Daily Logs, Photographs, Videos, Fashion District Emails

MINOLTA DIGITAL CAMERAI’m pleased to announce a huge amount of records, mostly from the Andrews International BID Patrol. These include arrest reports and daily logs, which bring our coverage up to the end of 2015. I put these on the Archive because the amount of material would overwhelm our hosting plan. There are individual links after the break and also here.

Note that there’s something fishy about the 2015 arrest reports. There are fewer than 350 of them, when the 2015 totals spreadsheet claims 606. This may have something to do with a new category for 2015 called “alcohol referral.” If these turn out to not be genuine custodial arrests we will have reduced the BID Patrol arrest rate by far, far more than I previously thought.

Also there are:

And some more emails from the Fashion District BID. These are prepared in the inimitably complete manner of Rena Leddy and cover the time from January 2015 through March 2016. They have to do with street vending and such topics:

Finally, there are over 6 GB of 2015 BID Patrol videos. I will be putting the videos on our YouTube channel soon, but that takes a lot of time, so I thought I’d make them available here first.

As I said, look after the break for individual links to our complete collection of A/I BID Patrol arrest reports and daily logs 2007-2015.
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Settlement Talks in Street Vending Lawsuit Seem to be On Track; Judge O’Connell Extends Response Deadline to July 18

Pico and Santee.
Pico Blvd. and Santee Street.
Recall that there is a settlement conference in the street vending lawsuit scheduled for June 22, 2016. Today the parties filed a joint stipulation asking the judge to give the defendants more time to respond. The reason given is:

The parties have made substantial progress in settlement discussions: they have held two settlement conferences with Magistrate Judge Charles F. Eick and have scheduled a third settlement conference for June 22, 2016;

On April 11, 2016, the Court granted the Fourth Stipulation filed by the parties to extend the time to file responsive pleadings to the Complaint, with the current extension set to expire on June 1, 2016.

This was evidently good enough for Judge O’Connell, who, roughly contemporaneously, filed an order granting the request by extending the deadline to July 18. So that’s where we’re at with the street vending suit; another quiet month.
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Street Vendors v. Fashion District BID et al. Settlement Conference Scheduled for June 22, 2016

California-centralJudge Beverly Reid O’Connell filed an order today in Santiago et al. v. Fashion District BID et al. setting a settlement conference to convene on Wednesday, June 22 in front of magistrate judge Charles Eick. These things are surely top secret, so there’s nothing to report or to attend, but I thought I’d drop the filing on you. It suggests that nothing much is going to happen in this case for a few weeks, anyway.

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A Vast Panoply of BID Quarterly Reports

TL;DR BID Quarterly Report: Bitch, moan, self-aggrandize, bitch, moan, self-aggrandize, whine, repeat if necessary.
TL;DR BID Quarterly Report: Bitch, moan, self-aggrandize, bitch, moan, self-aggrandize, whine, repeat if necessary.
As a follow-up to Tuesday’s release of all Hollywood Entertainment District and all Sunset & Vine BID Quarterly Reports I’m pleased to announce today that I have bunches of these reports from other BIDS. Although these collections aren’t (yet) complete, they’re nevertheless essential. You can access them through the menu structure above, and here are links:

These are also available on the Internet Archive, which is useful because you can download them via torrent, they have OCR versions, and so on. Links are after the break.
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Deadline for Defendants to Respond to Initial Complaint in Street Vending Lawsuit Re-Extended to June 11

The Fashion District as a hall of mirrors: Outside Michael Levine's.
The Fashion District as a hall of mirrors: Outside Michael Levine’s.
UPDATE 2:35 pm PDT: Judge O’Connell just now filed a scheduling order setting the upcoming settlement conference in this case for Monday, May 16 at 1:30 pm.

In February, Federal Judge Beverly Reid O’Connell extended the deadline for the City of LA and the Fashion District BID to reply to the initial complaint, which was filed in October of 2015 in the case of Aureliano Santiago v. City of LA and Fashion District BID. Last Thursday all parties to the case asked the Judge to allow the defendants more time to respond, as settlement negotiations are still ongoing. Yesterday the Judge entered an order putting the deadline off until June 11, 2015. The parties are presently trying to reschedule settlement discussions.
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Fashion District BID Executive Director Kent Smith’s Complete July 2015 Emails Now Available. FDBID Managing Director Rena Leddy Wins MK.org Excellence in BID Transparency Award!

Rena Leddy headshot
Rena Leddy, Managing Director of the Fashion District BID and MK.org CPRA Hero of the Fricking Year!!
Just this morning I received, via Dropbox, every one of Kent Smith’s emails for the month of July 2015. You can see all 1098 of them on the archive. Most of it’s dismal mass-blasted junk, of course, but even a lot of that is interesting. E.g. search in there for CCA (Central City Association) to see bunches of their bulletins, like this one, advertising special guests Jessica Borek and Matt Rodriguez. Unfortunately there’s probably no way to find out what was said there, but at least we know it happened.
Yet another smoking gun, as if it weren't clear enough that Marie Rumsey is a big-time lawbreaker.
Yet another smoking gun, as if it weren’t clear enough that Marie Rumsey is a big-time lawbreaker.
The most amazing thing about this document dump is the formatting. They’re PDFs, which often is a bad sign for emails, although these are text-based5 so they can be searched reasonably effectively. Too many agencies think somehow that a scanned PDF of a printed email satisfies CPRA’s requirement that electronic documents be produced in native formats. These PDFs are on a level I’ve never seen before, though. First of all, the links are live, including the links to remote images. Also the links to attachments are live and the attachments are embedded in the PDFs. For instance, look at this email about anti-street-vending strategies from Marie Rumsey to various people. It has an actual schedule of actual meetings with Councilmembers that CCA set up for street vending opponents attached, and you can click on it and read it! Or here it is if you’re lazy. This is the real deal! Look at the properties in that last item and see that Marie Rumsey spent 2015 breaking the revolving door ordinance to an even greater extent than anyone here imagined. Also take a look at this email from Jessica Borek to the gang which comes with a copy of a Power Point thing by Jessica Borek about the Coalition to Save Small Business strategy as well as a marked-up copy of ELACC’s proposed framework. This is the real deal, friends! It’s what CPRA was actually meant to yield.
Continue reading Fashion District BID Executive Director Kent Smith’s Complete July 2015 Emails Now Available. FDBID Managing Director Rena Leddy Wins MK.org Excellence in BID Transparency Award!

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New Documents: 2015 Emails to the Mayor’s Office from Kerry Morrison, Carol Schatz; All 2015 Fashion District Safe Team Daily Activity Logs

Carol Schatz in January 2008 at Bringing Back Broadway.
Carol Schatz in January 2008 at Bringing Back Broadway.
I have a number of interesting documents to announce this morning. There are emails to and from Eric Garcetti’s office in 2015:

Finally, there are the 2015 daily activity logs for the Fashion District Safe Team. These are interesting for a number of reasons, not least of which is that they barely seem to arrest anyone, in stark contrast to the outrageously high number of custodial arrests made by the Andrews International BID Patrol in Hollywood.
Continue reading New Documents: 2015 Emails to the Mayor’s Office from Kerry Morrison, Carol Schatz; All 2015 Fashion District Safe Team Daily Activity Logs

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