Tag Archives: LAMC 41.18(d)

Everyone Knows That LAMC 41.18(d) Outlaws Sitting Or Lying On A Sidewalk Or Street — At Least If You’re Homeless — But Did You Know That It’s Also Illegal Even To Stand Or Walk In An Alley? — At Least If You’re Homeless — Downtown Neighborhood Prosecutor Kurt Knecht Explains The Whole Thing To The LAPD — Who Aren’t Just Abstractly Interested In Legal Principles That Can’t Be Weaponized — And Clearly This One Can

January 1, 2019 Mike 2 Comments

One of the most shameful sections in the entire Los Angeles Municipal Code is the reprehensible LAMC 41.18(d), which says in its sinister understated way that “No person shall sit, lie or sleep in or upon any street, sidewalk or other public way.” The Ninth Circuit Court of Appeals in its monumental Jones decision, has called this “one of the most restrictive municipal laws regulating public spaces in the United States” because, unlike laws passed by sane people, it doesn’t even require blocking anything for a violation. Just sitting, lying, or sleeping.¹

As you can imagine if you don’t already know, this law is certainly never enforced against anyone who’s not homeless. We’ve seen, e.g., how Hurricane Kerry Morrison, killer queen of the Hollywood Property Owners Alliance, can confess publicly to violating it with no consequences. There are many, many such instances. But maybe you’ve noticed the loophole? You can be sure that, as many homeless people as the LAPD’s able to arrest for violating LAMC 41.18(d), there are surely far, far too many who get away unarrested because they’re standing or walking. As long, that is, as they’re not sleepwalking or sleepstanding. Then they can still be arrested.

This is an important unsolved problem in the criminalization of homelessness, at least from the point of view of the criminalizers. That is to say, how can they illegalize not just most, but actually all positions that a homeless body can be in? They have evidently had their finest legal minds working on it, and it turns out that Downtown neighborhood prosecutor Kurt Knecht, has come up with a legal theory on which homeless people can be arrested for standing or walking as well as sitting or lying as long as they’re doing it in an alley that’s open to cars. It’s only a partial solution, to be sure, but it seems to be a new addition to the criminalization toolkit.

The context is found in this September 2017 email from Knecht to LAPD captains Marc Reina and Timothy Harrelson about a homeless encampment in an alley in the 700 block of South Hill Street:² Continue reading Everyone Knows That LAMC 41.18(d) Outlaws Sitting Or Lying On A Sidewalk Or Street — At Least If You’re Homeless — But Did You Know That It’s Also Illegal Even To Stand Or Walk In An Alley? — At Least If You’re Homeless — Downtown Neighborhood Prosecutor Kurt Knecht Explains The Whole Thing To The LAPD — Who Aren’t Just Abstractly Interested In Legal Principles That Can’t Be Weaponized — And Clearly This One Can →

Fashion District BID, Los Angeles City Council

José Huizar Told A Bunch Of Zillionaires At The Fashion District BID Annual Meeting That It Is “Unfortunate” That BID Security Guards Are Not Allowed To Steal Homeless People’s Property — Evidently José Huizar Thinks The City Of Los Angeles Has Not Yet Paid Carol Sobel Enough Money

May 27, 2018 Mike Leave a comment

Last Thursday the Fashion District BID held its annual meeting. You may recall that Assemblymember Miguel Santiago gave a reprehensible little speech to kick things off, but CD14 repster José Huizar was the keynote speaker. You can watch his whole speech here, but the parts I’m specifically interested in tonight are his remarks about homeless encampments and, especially, his discussion with some guy whose name I didn’t get on the same subject. Of course there are transcriptions of all this poppycock after the break, as usual.

About homeless encampments, well, it was the usual jive. We’re going to build a lot of shelters and housing and of course, once we have enough shelters and housing we can start arresting the homeless again, so that’s good!³ Unsurprisingly, though, things got more interesting during the questions. An unnamed guy asked José Huizar about the homeless fires problem.⁴ After some chit-chat, the questioner asked José Huizar who, exactly, was allowed to remove the property of homeless people from the sidewalk. In response José Huizar said:

The police department. Not the fire department, the police department. They don’t give that right to the BIDs, unfortunately. But the LAPD can remove it if it is blocking the right of way.

What is the guy thinking? Is he thinking that the City and the BIDs haven’t been sued enough by Carol Sobel, LAFLA, and the National Lawyers Guild? There is a really good reason that only police are allowed to remove the property of homeless people, and that is because society endows sworn officers with extraordinary powers to take actions that would be and should be absolutely illegal for anyone else to do. Like kill people,⁵ or kidnap them,⁶ or take their stuff off the sidewalk, which is theft when anyone but an officer does it. This is why BID officers aren’t allowed to remove people’s property, because they’re just ordinary people and it would be stealing. Does he think it’s “unfortunate” that ordinary people can’t steal stuff? Maybe he also thinks it’s “unfortunate” that BID officers can’t kidnap and kill homeless people like the police are allowed to do.⁷ Bizarre.

And ironically, he’s speaking to the Fashion District, which famously was sued in Federal Court in 2015 for conspiring with the City to illegally confiscate the property of street vendors.⁸ The Fashion District is right next door to the Downtown Industrial District BID, also in José Huizar’s district, sued in Federal Court in 2014 for the very thing that José Huizar is lamenting the impossibility of here. The City ended up paying half a million dollars to LAFLA because the BID Patrol can’t keep its grubby hands off other people’s stuff and José Huizar thinks this is unfortunate? It’s not his money, of course, but still…

And, as usual, turn the page for transcriptions of the relevant remarks and a little more mockery!
Continue reading José Huizar Told A Bunch Of Zillionaires At The Fashion District BID Annual Meeting That It Is “Unfortunate” That BID Security Guards Are Not Allowed To Steal Homeless People’s Property — Evidently José Huizar Thinks The City Of Los Angeles Has Not Yet Paid Carol Sobel Enough Money →

Downtown Center BID, Hypocrisy

Despite Law-And-Order Obsession Of Central City Association With Respect To E.G. LAMC §41.18(d) And Other Homelessness-Criminalizing Measures It Seems That Lawlessness Flourishes And Is Tolerated Internally In The Form Of Unauthorized Use Of FedEx Account For Personal Shipping By CCALA Office Manager Lena Mulhall, Reimbursed Only Upon Discovery, Which Hardly Counts As Contrition At All

March 20, 2018 Mike Leave a comment

So the other day I got a metric doodieton of emails from the Downtown Center BID, published them all right here on Archive.Org, and have been gradually writing about item after item. Today’s item is, from one perspective, inconsequential albeit entertaining. From another point of view, though, it illustrates the utter flamingly shameless flagrancy of the Downtown zillionaire establishment’s hypocrisy when it comes to law and order.

These parasites⁹ expect everyone, especially the homeless population of our City, to follow the law to the very freaking letter while they themselves, it turns out, are somehow allowed to steal from their employer and only make retribution months later when their crimes are discovered and that, it seems, settles the issue. Homeless people are caught with stolen bicycles all the time. Just imagine if all they had to do at that point was tell the cop that they would return the bike to the owner and that act of contrition, even if it was only contrition after apprehension, would make everything be just fine!

Why aren’t Carol Schatz and Jessica Lall advocating for this kind of policy, since it’s evident that it’s what they use internally at the CCALA and the DCBID? Oh, right, I haven’t told you the story! Well, TL;DR is that it seems that on March 30, 2017 at 2:00 p.m. precisely, DCBID staff accountant Joan Noble emailed CCALA office manager Lena Mulhall and was all like “WTF?! What did you spend this $31.39 on??!” and Lena Mulhall was all like “Sorry! I’ll pay it back! Just tell me who to write the damn check to!!”

Naturally turn the page for transcriptions, more emails, and the full and complete story of how Lena Mulhall charged $31.39 worth of FedEx to her employer’s account to return some cosplay supplies to a retailer and didn’t reimburse the funds until more than three months later and then not until she actually got caught!
Continue reading Despite Law-And-Order Obsession Of Central City Association With Respect To E.G. LAMC §41.18(d) And Other Homelessness-Criminalizing Measures It Seems That Lawlessness Flourishes And Is Tolerated Internally In The Form Of Unauthorized Use Of FedEx Account For Personal Shipping By CCALA Office Manager Lena Mulhall, Reimbursed Only Upon Discovery, Which Hardly Counts As Contrition At All →

Hollywood Property Owners Alliance

“We Save Lives Out Here, We Don’t Harass Lives!” The Heavily Armed Self-Proclaimed Mother Teresa of Hollywood, Ms. Kerry Morrison, Flips Out About “Concerning” LA Times Editorial, Proposes to Head Over To First And Spring And Teach That Editorial Board A Lesson!

September 17, 2016 Mike Leave a comment

Brigadier General Kerry Morrison using her brand-new dry-erase map of Hollywood to plot further invasions, conquests, and occupations-by-force-of-arms.

Remember this editorial in the L.A. Times about the Venice Beach BID? I posted on it a couple weeks ago because whoever wrote it¹⁰ took City Attorney spokesman Rob Wilcox at his unsupported and unsupportable word that BID security somehow wasn’t allowed to arrest people for sitting on the sidewalk in violation of the despicable LAMC 41.18(d). Well, anyway, evidently “Two-gun” Kerry Morrison of the Hollywood Property Owners Alliance read an editorial with the same title but, perhaps because her copy of the paper comes from Bizarro World, radically different content. The one I read said, quite sensibly:

We’re glad that property owners around Venice Beach care about their community and that they’re willing to pay extra to improve the neighborhood. But when it comes to the homeless, they must decide whether they want to be part of the solution or part of the problem. If the ambassadors are going to constitute a de facto private security force, their job should not be to hassle the homeless in an effort to move them pointlessly from corner to corner or to push them out of the neighborhood so that they become another jurisdiction’s problem.

So watch and listen here to HPOA Executive Director Ms. Kerry Morrison’s cri de coeur about how UNFAIR this is to her and her heavily armed BID Patrol buddies!! Or if you prefer, as always, there’s a transcription after the break. And she said:

There was a very concerning editorial in the L.A. Times two weeks ago. … And what’s concerning about it is that it kind of suggests that when BIDs get involved in addressing homeless issues that it’s basically a harassment mindset.
Continue reading “We Save Lives Out Here, We Don’t Harass Lives!” The Heavily Armed Self-Proclaimed Mother Teresa of Hollywood, Ms. Kerry Morrison, Flips Out About “Concerning” LA Times Editorial, Proposes to Head Over To First And Spring And Teach That Editorial Board A Lesson! →

Hypocrisy, Venice Beach BID

Somebody’s Lying To Somebody About Something: Mike Feuer? LA Times Editorial Board? All of the Above? BID Security Absolutely Does Not Have to Wait for the LAPD to Arrest Homeless People For Sitting On The Sidewalk

September 2, 2016 Mike Leave a comment

According to the L.A. Times the BID Patrol has to wait for the LAPD to arrest people for violating LAMC 41.18(d). Ask this man if that's true. — According to the L.A. Times the BID Patrol has to wait for the LAPD to arrest people for violating LAMC 41.18(d). Ask this man if that’s true.

In an editorial in this morning’s Times about the Venice Beach BID it is stated:

Even during the day, when the municipal code against sitting, lying or sleeping on a sidewalk or street is enforceable, the BID ambassadors would be required to call the police or city employees to enforce it, according to the city attorney’s office.

Of course, in the ordinary meaning of the word “enforce” this is demonstrably not true. In Hollywood, the BID Patrol, operated by Andrews International Security on behalf of the Hollywood Property Owners Alliance which manages two local BIDs, arrests people for violating the despicable LAMC 41.18(d) on an exceedingly regular basis. They handcuff them and either forcibly transport them in a private vehicle to the police station or else wait on-scene for LAPD to arrive to complete the arrest process.

This might charitably be interpreted as waiting for the police to enforce the law in the sense that the LAPD has to issue citations. But the difference to the arrested person, who is handcuffed, forced into a private car or made to sit or lie shackled on the sidewalk until the cops show up to cite them out, is nonexistent. If that’s what Mike Feuer’s office meant by what they apparently said to the Times Editorial Board then shame on them for being so disingenuous. If they meant something else, it wasn’t true. And shame too on the Editorial Board for not investigating that easily refuted claim.

UPDATE: I just received this email, sent yesterday by Rob Wilcox at the City Attorney’s office to Carla Hall at the L.A. Times, stating explicitly that:

Only peace officers or authorized city employees could enforce that section of the ordinance [LAMC 41.18(d)]. BID employees would not be able to enforce.

He doesn’t give a reason, but his statement is demonstrably untrue. I wonder what he meant by it? State law requires police to accept custody of anyone who’s arrested by a private person, and allows private persons to make arrests for any violation of the criminal law.

After the break you will find links to actual BID Patrol arrest reports from 2015 for violations of LAMC 41.18(d).¹¹ Also, here is a horrific video showing what one of these BID Patrol arrests looks like in reality rather than in the delusional fantasy world evidently inhabited by the City Attorney and the LA Times Editorial Board. Here’s a representative sample from one of the reports:

A short time later, we observed MARLOW place his belongings on the ground then lay on the sidewalk. We made contact with MARLOW and informed him he was in violation of 41.18 (d) LAMC- Sitting on public sidewalk. MARLOW refused to comply with our request to stand up and became verbally confrontational with BID officers. MARLOW proceeded to stand up and walk in and out of traffic on Hollywood Blvd. MARLOW also walked away and returned 3 times and was verbally confrontational towards BID Officers. We waited for additional units and FB2 and ED-30 arrived on scene. MARLOW was pulled to the ground by BID Officers in order to safely handcuff him.

And here’s another one:

We then contacted the subjects (one later identified S/ Mull) that were physically blocking the sidewalk with his property and bicycle sidewalk, a violation of 41.18 (d) LAMC- (Blocking, Sitting, Sleeping on the Sidewalk). The subjects admitted that they were not supposed to block the sidewalk per prior BID officers warnings from the past.
…
We advised S/ Mull that we were placing him under “Private Person’s Arrest”, per 837 Penal Code – (Private Person’s Arrest – Authority To Arrest / see attached form) for 41.18 (d) Los Angeles Municipal Code – (Sitting/lying/sleeping on sidewalk). Mull was immediately handcuffed (adjusted / doubled locked) for his safety and comfort, as per policy.
…
We then escorted Mull to our patrol vehicle and was seated on the rear passengers side. He was seat belted (adjusted / secured) for his safety and comfort, as per policy.

We then transported him to the Hollywood and Highland substation, per 847 PC. When then met with LAPD Officers Lawrence and Gonzalez (6FB1) for a citation release.

Continue reading Somebody’s Lying To Somebody About Something: Mike Feuer? LA Times Editorial Board? All of the Above? BID Security Absolutely Does Not Have to Wait for the LAPD to Arrest Homeless People For Sitting On The Sidewalk →

Featured, Hollywood BID Patrol

How is this Even Legal? BID Patrol Attacks a Sitting Man, Forcibly Handcuffs Him, and Then, With Full Cooperation of LAPD, Arrests Him for Kicking one of Them During Putative “Arrest”

July 24, 2016 Mike 4 Comments

This would be unbelievable if the whole thing weren’t captured on video. On November 23, 2015, at least four BID Patrol security guards (Mike Coogle, along with Wissman, Tizano, and Cox) confronted a man who was sitting on the sidewalk in front of the Metro Red Line station at Hollywood and Vine. They talked to him for almost four minutes, during which time he didn’t answer their questions and mostly ignored them. At 3:55 in the video one officer says to another “you want him?” The other says yes, so they grab him and push him over.

Soon all four of them are piled on top of him and trying to put handcuffs on him. Coogle claimed that the man kicked him during this episode, and ultimately they didn’t even arrest him for violating LAMC 41.18(d). Instead they arrested him for battery for kicking Coogle. When LAPD officers Adams (#34837) and Galicia (#41404) showed up and accepted the man into custody with the approval of their supervisor, LAPD Sgt. Chuck Slater. You can read the full story in the arrest report, although it doesn’t answer the main question I have about this incident: How did the LAPD decide to arrest Jones for battery rather than the BID Patrol officers?

Now, I have heard repeatedly that these BID Patrol officers have no arrest powers beyond those that every private citizen has. Kerry Morrison has even said this to me in person while schoolmarmishly waggling her finger in my face. If this is true, and I think it probably is, then there are two possibilities. Either these BID Patrol officers are breaking the law on camera here or else it’s actually legal in the City of Los Angeles for private citizens to form up into gangs of four people, physically jump on top of anyone they see sitting on the sidewalk, and force them into handcuffs. In fact, Ms. Kerry Morrison has confessed in print to violating LAMC 41.18(d) but neither got arrested by her own BID patrol nor got jumped on and handcuffed by a gang of vigilantes.
Continue reading How is this Even Legal? BID Patrol Attacks a Sitting Man, Forcibly Handcuffs Him, and Then, With Full Cooperation of LAPD, Arrests Him for Kicking one of Them During Putative “Arrest” →

Hollywood BID Patrol, Hypocrisy

Kerry Morrison Goes Around Hollywood Peering into Cars to see if Homeless People are Living in them and then Sends the BID Patrol to Investigate

July 9, 2016 kohlhaas Leave a comment

Kerry Morrison with her detective hat on.

There is all kinds of interesting stuff in the BID Patrol daily log files, and some of it is too weird to even describe. This little story is from April 24, 2015, written by BID Patrol officers Mike Coogle and his frequent partner Mike Ayala:

OUTREACH- 1500 BLOCK OF GORDON AVENUE- E/ SIDE OF STREET
YESTERDAY WE RECEIVED A CALL FROM KERRY’S OFFICE REGARDING A VEHICLE SHE OBSERVED. THE VEHICLE, A GREY BUICK LIC#XXXXXXX, WAS UNOCCUPIED BUT CONTAINED A CHILD SEAT, FORMULA AND OTHER ITEMS POSSIBLY INDICATING THE OWNER OF THE VEHICLE IS HOMELESS WITH A CHILD. YESTERDAY WE LEFT A PATH CARD AND FLIER WITH LOCAL, FAMILY FRIENDLY HOMELESS SERVICES ON THE WINDSHIELD. THIS MORNING, THE CARD AND PAPER WERE GONE. THE VEHICLE WAS UNOCCUPIED AND SOME ITEMS APPEARED TO BE IN DIFFERENT SPOTS.

So yeah, people of Hollywood. Don’t you feel safer knowing that Ms. Kerry Morrison is peering in your car to see if you look homeless and then sending her armed minions the BID Patrol to follow your car around to see if you’re parked in the same place and if you moved stuff in your car around? And for such a vocal advocate of law and civic order as is our Ms. Morrison, this kind of thing is surprisingly illegal. Read on for the details!
Continue reading →

Hollywood Property Owners Alliance, Hypocrisy

Kerry Morrison’s Homeless “Buddy” and Star of her Upcoming “Documentary” Apparently Received Special Treatment at Hands of BID Patrol in 2008

June 18, 2016 Mike 2 Comments

This man, who is not Kerry Morrison's buddy and who's not starring in her documentary and who never took luncheon with her, was arrested 10 times and warned twice by the BID Patrol in 2008. — This man, who is not Kerry Morrison’s buddy and who’s not starring in her documentary and who never took luncheon with her, was arrested 10 times and warned twice by the BID Patrol in 2008.

You may have seen the news elsewhere that Kerry Morrison was granted a Stanton Fellowship by the Los-Angeles-based Durfee Foundation. I’ve refrained from writing about it here because it struck me as more of a private matter. However, in February Kerry Morrison sent an email to Dan Halden of CD13 with her application attached. This put it on the public record and made comments on it of public interest, and it turns out to shed a great deal of light on otherwise mysterious goings-on at the BID Patrol.

So here is a copy of Kerry Morrison’s Stanton Fellowship application. This is an exceedingly rich document, and you’re reading the first of what I expect to be many, many posts about it. It’s well worth the time it’ll take you to read the whole thing, though, because it’s even weirder than you’re thinking it might be.

This man, who is Kerry Morrison’s buddy and who is starring in her documentary and who did take luncheon with her, was arrested 4 times and warned innumerable times by the BID Patrol in 2008.

Anyway, in her application, as part of her plan to fix what she sees as flaws in the mental health care system vis-a-vis homelessness, she plans to:

Tell the story. I have been collecting photos, videos, notes from interviews and observations now dating back to 2008. With the permission of my three friends, and possibly other [sic], I see the potential to create a documentary that will weave the human story around the policy, systems and community cultural change necessary to embrace the needs of these individuals. Create a documentary to tell their story and show the before and after.

Her “three friends” are homeless men that she and her friends in business-oriented astroturf homeless services front group Hollywood 4WRD helped in various ways.¹² A careful analysis of the Andrews International BID Patrol 2008 arrest reports and the 2008 daily activity logs that at least one of these three, whom Kerry Morrison calls “my buddy,” was accorded a free pass by the BID Patrol, being given innumerable warnings for violations for which his peers who weren’t the object of Kerry Morrison’s special interest were routinely arrested.
Continue reading →

Hypocrisy

In December 2015 Garcetti Held Invite-Only Meeting to be Sure Homelessness Policies were Acceptable to Business Leaders, Including Carol Schatz, Central Hollywood Coalition, Central City Association, Others

May 17, 2016 kohlhaas Leave a comment

Alisa Orduna in November 2015, just about a month before the Mayor's BID Round Table on homelessness. — Alisa Orduna in November 2015, just about a month before the Mayor’s BID Round Table on homelessness.

Yesterday we obtained some emails exchanged between Garcetti homelessness czarina Alisa Orduna and Central City Association flacks and criminals, Marie Rumsey and her boss, Carol Schatz, the zillion dollar woman, whose creepazoid views on homelessness already have a disproportionate influence on city policy. The main thing is an invite from Alisa Orduna to Carol Schatz to attend

…an Intimate Round Table [sic] discussion… This meeting is invite-only and intentionally small to learn and discuss strategies for BIDS [sic] that are addressing homelessness in way one [sic] or another so that we can include the City’s plan is [sic] inclusive of this perspective.

This is bad enough, that Garcetti solicits the intimate opinions of these delusional BIDdies, who not only just make stuff up about the homeless but whose ultimate homeless policy is terrorism. It’s bad enough, as we said, but the reasons are even worse:

Mayor Garcetti is very committed to working with CCA and the other BIDS to develop homelessness policies and practices that address homelessness without unintentional harm to our business community. In the long run, we need businesses to provide pathways out of poverty through self-sustaining wages and pride in individual ability and skills.

Continue reading →

Hollywood BID Patrol

BID Patrol Prosecution/Arrest Ratio Very Low as Shown by Top Arrestees 2007-2013: From 44 Frequently Arrested People with 1144 Arrests, 407 Brought to City Attorney, Only 185 Actually Prosecuted

March 10, 2016 Mike Leave a comment

Mike Feuer's office evidently exercises more prosecutorial discretion than average, at least when it comes to the BID Patrol, which may not be saying much... — Mike Feuer’s office evidently exercises more prosecutorial discretion than average, at least when it comes to the BID Patrol, which may not be saying much…

I recently obtained a 2013 list of people most arrested by the BID Patrol beginning in 2007. Since Kerry Morrison has told me¹³ that neither the HPOA nor Andrews International tracks outcomes of arrests made by the BID Patrol, I asked the City Attorney to run a report on all cases involving these people sent to them for prosecution.¹⁴ I subsequently tallied up the arrests and the referrals for the time period by hand¹⁵ and it turns out that the vast majority of cases involving BID Patrol arrests are not even referred for prosecution, and among those that are, over half are rejected. The data is incomplete and subject to some interpretation, but it appears that less than 20% of these cases are actually prosecuted.¹⁶ In particular, there are 1144 arrests of these 44 people between 2007 and 2013. Of these, no more than 407 (35.6%) were referred for prosecution. Of those cases, 222 were rejected for various reasons and the rest seem to have been prosecuted.

This is an astonishingly low rate if one thinks that the purpose of arresting people is to stop them from breaking the law, and it’s harmful both to the people arrested and to society at large. The incomparable Alexandra Napatoff, writing about misdemeanor convictions (although her argument is as strong regarding the arrests themselves, and even more so if the conviction rate is so very low), puts it like this;

Because the misdemeanor world is so large, its cultural disregard for evidence and innocence has pervasive ripple effects, not the least of which is the cynical lesson in civics that it teaches millions of Americans every year. In these ways, the misdemeanor process has become an influential gateway, sweeping up innocent as well as guilty on a massive scale and fundamentally shaping not only the ways we produce criminal convictions but also who is likely to sustain them.
Continue reading BID Patrol Prosecution/Arrest Ratio Very Low as Shown by Top Arrestees 2007-2013: From 44 Frequently Arrested People with 1144 Arrests, 407 Brought to City Attorney, Only 185 Actually Prosecuted →