Tag Archives: LAMC 41.18(d)

In 2007 the BID Patrol Steered Homeless Sidewalk Sleepers to Selma Park to Avoid Arrest Until December 19 When the Signs Were Up

March 5, 2016 Mike Leave a comment

Selma Park from the side of freedom; the inside. Or, as Woody had it: As I went walking I saw a sign there And on the sign it said "No Trespassing." But on the other side it didn't say nothing, That side was made for you and me. — Selma Park from the side of freedom; the inside:

As I went walking I saw a sign there
And on the sign it said “No Trespassing.”
But on the other side it didn’t say nothing,
That side was made for you and me.

Late last week I obtained copies of the BID Patrol’s 2007 arrest reports and daily logs, and they shed some interesting light on the early days of the whole Selma Park fiasco. First of all, Footbeat 2’s log for December 19, 2007 reveals that the BID’s fake signs went up on or before that day:

1345/1355
EXTRA PATROL: 6765 SELMA AVE; SELMA PARK. CHECKED LOCATION FOR VIOLATORS OF NEW SIGNS POSTED PROHIBITING ADULTS WITHOUT CHILDREN AT PARK. NOTE 3 (H) MALES IN PARK IN VIOLATION AND ADVISED RE: NEW POSTED SIGNS. SUSPECTS DEPARTED WITHOUT INCIDENT.

Interestingly, this was foreshadowed as early as September, 2007. For instance, we find in the Footbeat 4 log for September 27, 2007 that OFFICERS CONTACTED SEVERAL HOMELESS RE: ISSUES IN THE PARK AND SURROUNDING AREA. WE ADVISED THE SUBJECTS RE: THE POSSIBILITY OF THE PARK BEING FOR CHILDREN ONLY. (END 1830 HOURS).

But the really unexpected fact I found in this material is that before the signs went up the BID Patrol actually encouraged homeless people to sleep in the park rather than on the sidewalk, where they were subject to arrest for violating LAMC 41.18(d). Now, this would certainly make sense in a sane world, since it was (and is) legal to sleep in the park, but not on the sidewalk. However, given the bitching and moaning that the BID put up about park-sleeping and the illegal lengths they went to to get the park declared off-limits to humans, I can’t help but suspect some kind of narrative-creating subterfuge here. It seems quite shady to intentionally fill the park up with homeless sleepers and then use the large numbers of homeless sleepers as a reason to get the park closed against them. It’s just another example of zillionaire ethics, I guess. See after the break for the evidence.
Continue reading In 2007 the BID Patrol Steered Homeless Sidewalk Sleepers to Selma Park to Avoid Arrest Until December 19 When the Signs Were Up →

Hollywood BID Patrol, Hollywood Property Owners Alliance

An Open Letter to Mitch O’Farrell Regarding Plans to Fund Andrews International BID Patrol Operations in Hollywood

March 2, 2016 Mike Leave a comment

March 2, 2016

Councilmember Mitch O’Farrell
200 N Spring St #450
Los Angeles CA 90012

Dear Councilmember O’Farrell,

I am writing to you regarding plans that the Hollywood Property Owners Alliance and the Los Angeles Police Department are making to extend the patrol hours of the Andrews International BID Patrol in the Hollywood Entertainment District until 4 a.m. In particular, I heard at the last HPOA board meeting that you were considering funding all or part of this program from your discretionary money. If this report is accurate, I hope that you will ultimately decide not to fund an expansion of BID Patrol hours in Hollywood. Here are a number of reasons why I think your funding this project would be a bad idea:

1. Regardless of the intention, it looks like a way to evade Police Commission oversight of law enforcement in Hollywood: This expansion of the BID Patrol’s operations is apparently being planned at the request of Hollywood Divison’s Commanding Officer Peter Zarcone. If it’s implemented it will therefore create a City-funded group of quasi-police assembled at the City’s request who are not subject to any kind of civilian oversight or control. I understand that in some technical sense the BID Patrol aren’t police, but this plan makes that seem even more like a distinction without a difference than it already does.
Continue reading An Open Letter to Mitch O’Farrell Regarding Plans to Fund Andrews International BID Patrol Operations in Hollywood →

Hollywood BID Patrol

BID Patrol Wakeup Call at Sunset and Vine Captured on Video this Morning

February 27, 2016 kohlhaas Leave a comment

BID Patrol officer Mike Ayala (badge #107), prompted by a complaint from Starbucks, encourages a homeless woman to leave the corner of Sunset and Vine.

This morning at about 8:00 a.m. BID Patrol officer Mike Ayala (badge #107) and his partner, whose name we don’t yet know, told a woman camped out at the Southeast corner of Sunset and Vine that she’d have to move on because the management of the Starbucks there had complained. Our correspondent happened to be walking by and caught the last nine minutes of the incident on video. Naturally, not much happened. Even the BID Patrol is going to think twice about arresting someone on a nonsense LAMC 41.18(d) charge while on camera. There were two interesting things about the episode, though.
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Hollywood Property Owners Alliance, Hypocrisy

Kerry Morrison Confessed to a Crime in the Pages of the LA Weekly in 2011 but Remained Unarrested by the BID Patrol

February 27, 2016 kohlhaas Leave a comment

Kerry Morrison in 2010 explaining to a homeless man why she's allowed to sit on the sidewalk but he isn't. — Kerry Morrison in 2010 explaining to a homeless man why she’s allowed to sit on the sidewalk but he isn’t.

In 2011 the Andrews International BID Patrol arrested 103 people in Hollywood for violating the despicable LAMC 41.18(d), which, truly truly, outlaws sitting on the sidewalk in the absence of a parade. We have written oh so many times about how the BID Patrol does not arrest non-homeless violators of this law, and how this selective enforcement is particularly egregious in the case of the Hollywood Farmers’ Market. Well, imagine then, our surprise to read in an L.A. Weekly article from January 2011, our own Kerry Morrison, discussing how, even though she does not live in Hollywood at all and is probably far more at home at the Larchmont Market, held for some reason only zillionaires can grok at the same time as the Hollywood one, she thinks people who do live in Hollywood are a bunch of zombie NIMBYs from Hell cause they didn’t want to move the iconic Hollywood Farmers’ Market to some random parking lot due to the toys-from-pram whinging of the Film School at Sunset and Ivar. The point she seems to be making is that if the Market was moved, there would be more room for everyone and it would be a win-win situation all round, especially if you only ask the zillionaires, which seems to be Kerry’s modus operandi in such matters. Says Kerry, vis-a-vis crowded conditions:

Sometimes I actually have to sit on the curb to eat my pupusa. It seems like there’s so much opportunity for some expansion and breathing room — i don’t personally see how that would affect the urban charm.”

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Hollywood Property Owners Alliance, Hypocrisy

Fascinating Marginalia on CHC Copy of LAFLA Letter to Los Angeles City Council Regarding LAHSA Misrepresentations in 2015 Application for Federal Homeless Money Reveal Unspoken BID Assumptions

February 15, 2016 kohlhaas Leave a comment

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.

Read on for a discussion of the anonymous marginalia found on our copy of this letter.
Continue reading Fascinating Marginalia on CHC Copy of LAFLA Letter to Los Angeles City Council Regarding LAHSA Misrepresentations in 2015 Application for Federal Homeless Money Reveal Unspoken BID Assumptions →

Hollywood BID Patrol, Hypocrisy

The BID Patrol Walked Through Hollywood Farmers Market 50 Times in 2013 and Neither Warned Nor Arrested Non-Homeless Cosmo Street Sidewalk Sitters

January 28, 2016 kohlhaas Leave a comment

BID Patrol Officer Courtney Kanagi (badge #130) in 2011.

A search of the newly released 2013 daily activity logs of the BID Patrol reveals 50 mentions of the Hollywood Farmers’ Market. You can read all of these with links to the logs at the bottom of this post. Now, we have written before about how the BID Patrol only arrests and warns homeless people for violating the abhorrent LAMC 41.18(d). Finally we have conclusive proof that this is true on a massive, previously unsuspected scale, and it comes from the BID Patrol’s own logs.
Here is just one example out of many, many, many. On March 11, 2013 at 11:50 AM, BID Patrol Officers Courtney Kanagi (badge #130) and G. Merkens (badge #112) recorded the following activity:

1150 BACK-UP FB3: FARMER’S MARKET (IVAR/SELMA); INFORMATION BOOTH CALLED RE: A MALE TRANSIENT AGGRESSIVELY PANHANDLING; OFFICERS MET UP WITH THE SECURITY AND FB3; OFFICERS ADVISED MALE OF HIS VIOLATION; COMPLIED BY LEAVING THE AREA WITH NO FURTHER INCIDENT.

Mass violations by non-homeless people of LAMC 41.18(d) on Cosmo Street on October 12, 2014 go unaddressed by the BID Patrol. — Mass violations by non-homeless people of LAMC 41.18(d) on Cosmo Street on October 12, 2014 (and every other Sunday) go unaddressed by the BID Patrol.

In other words, Kanagi and Merkens were in the Farmers’ Market at 11:50 AM and did not arrest, warn, or even mention the gangs of people who appear every single Sunday and sit on the sidewalk on Cosmo Street north of Selma to eat. But during this same watch they warned 37 (thirty-fricking-seven!) “TRANSIENTS” (their word) outside of the Market for violating LAMC 41.18(d). Three of these warnings took place a mere 15 minutes after Kanagi and Merkens logged their presence in the Market:

1205 CONTACT (3): HOLLYWOOD/CAHUENGA; OFFICERS OBSERVED 3 TRANSIENTS SITTING; ADVISED OF THEIR LAMC VIOLATION; COMPLIED BY STANDING UP AND LEAVING THE AREA WITH NO FURTHER INCIDENT.

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Hollywood Property Owners Alliance, Hypocrisy

When Assemblyman Richard Bloom Toured Hollywood in September 2015, Kerry Morrison Suspended Enforcement of LAMC 41.18(d) for his Benefit, Blamed Prop 47 for Ruining Lives, Put into Question her Commitment to Truth, Decency, Equal Protection, Appearing Sane

December 31, 2015 kohlhaas Leave a comment

Richard Bloom, former mayor of Santa Monica, prepares to ask the questions he's been asked to ask. — Richard Bloom, former mayor of Santa Monica, prepares to ask the questions he’s been asked to ask.

According to an email chain recently obtained by our correspondent, on September 24, 2015, Assemblyman Richard Bloom toured the Hollywood Entertainment District BID, accompanied by Kerry Morrison, Carol Massie, some other businessfolks, and Councildude Mitch O’Farrell. The BID Patrol usually goes around the place waking up sidewalk sleepers at 6 a.m., which is the earliest it’s legal¹ to do so under the settlement in Jones v. City of Los Angeles. However, on the day of Richard’s tour Kerry directed the BID Patrol to delay the wake-up call, seemingly so that Richard could see people sleeping on the sidewalk and thereby draw the conclusions that Kerry wanted drawn. Here’s how it unfolded in the emails. On September 17 at 4:30 pm, Bloom aide Tim Harter wrote to Kerry (CC to Dan Halden of CD13):

Kerry,

I wanted to chat with you about morning of Sept. 24^th, I believe we will be getting a tour with Captain Zarcone and the Homelessness taskforce on Thursday morning from LAPD from 8am-9am you are welcome to join if you would like nothing has been confirmed, I have been playing phone tag with Captain Zarcone. We will be at the Hollywood BID at 9am, I wanted to see if you have an idea of who will be at the meeting with us?

Well, that didn’t mesh with Kerry’s plans at all. You see, she’d arranged things so that Richard would see what she wanted him to see, and the 9 a.m. time messed up her carefully arranged Potemkin encampments. She got a little pushy about it, too:
Continue reading When Assemblyman Richard Bloom Toured Hollywood in September 2015, Kerry Morrison Suspended Enforcement of LAMC 41.18(d) for his Benefit, Blamed Prop 47 for Ruining Lives, Put into Question her Commitment to Truth, Decency, Equal Protection, Appearing Sane →

Business Improvement Districts, Hypocrisy

Senior Lead Hollywood Cop Julie Nony on the Psychology of Homelessness and its Discontents: “The homeless are a lot like kids in a way” and LAPD Interactions with them “might seem strange and ugly at first.”

December 29, 2015 kohlhaas Leave a comment

Julie Nony and Andrews International security boss Steve Seyler during happier times.

Those are actual quotes in the headline. They come from this email chain between bunches of people in the Media District BID, LAPD Hollywood Division Senior Lead Officer Julie Nony, and Dan Halden of CD13. Here’s more of the context, but you’ll have to read the whole thing to believe it. Chie Kobayashi, of yet another incomprehensible new media post-production outfit on Lillian Way between Santa Monica Blvd. and Melrose, wrote to Julie to complain in detail about homeless people. Julie wrote back:

We really need to get every business on the same page so this doesn’t continue to happen. It might seem strange and ugly at first but if you are new to the area and don’t know how things operate, this can get really out of hand. I will be out for the rest of the week, so I can not personally be there. Please call our front desk number if you should need to have a police unit come out (213-972-2971/2972/2973).

And of course call the B.I.D. first to see if they can handle it. The homeless are a lot like kids in a way. If we warn them and there is no follow through (like we did with the encampment) then they will test us and do what they can get away with. I would like to have a meeting with you, Vince Clothing, Red Studios, Milk, School PD, B.I.D., Vine Street Elementary and your neighbors just north of you. And whoever else you can think of. Lets [sic] all get together and share in the responsibility of keeping this area clean. Thank you!

Julie

We’re not sure where to start with this. We might note that it’s probably true that if kids get warned and there’s no follow through then they’ll test limits. But it’s not true because they’re kids, it’s true because they’re human. The instinct for testing limits is responsible for all human progress and is necessary for human survival.¹ We might note that if your methods seem “strange and ugly at first…if you are new to the area” then there’s a reasonable chance that they are in fact strange and ugly. And their methods are very strange and very ugly. We’re not even new to the area and we think they’re strange and ugly. Some of us have grandparents who moved to Hollywood in 1908. Some of us have spent more than half a century in and around Hollywood. And yet we think the methods Julie’s talking about are strange and ugly.

The email reproduced above was in response to the following from Chie Kobayashi:
Continue reading Senior Lead Hollywood Cop Julie Nony on the Psychology of Homelessness and its Discontents: “The homeless are a lot like kids in a way” and LAPD Interactions with them “might seem strange and ugly at first.” →

Hollywood BID Patrol

The Hollywood BID Patrol’s Intransigence on Transience Provides Yet Another Performative Demonstration of David Graeber’s Theory of Violence, Stupidity, and Interpretive Labor

July 18, 2015 kohlhaas Leave a comment

An astounding number of BID Patrol officers on Ivar Avenue by the library, June 30, 2015, milling around not being charged criminally for degrading everyone's quality of life by, through their open display of guns, passively threatening to kill anyone who disobeys them. — An astounding number of BID Patrol officers on Ivar Avenue by the library, June 30, 2015, milling around not being charged criminally for degrading everyone’s quality of life by openly displaying their guns and their self-evident willingness to use them, thus creating the imminent fear that they’ll kill anyone who disobeys them.

Watch here for the final bit of a Hollywood BID Patrol operation on Ivar Avenue on June 30, 2015. There are about 12 of them milling around on the sidewalk after, evidently, having kicked out a bunch of homeless people, most probably on the basis of suspected violations of disgraceful LAMC 41.18(d). Of course, if you know the spot you’ll know that there are homeless people there essentially all the time, only very rarely getting kicked out by the BID Patrol.

So what horrific incident was it that required the presence of about a dozen of Hollywood’s finest¹ on a pleasant Tuesday afternoon on Ivar Avenue? Murder, rape, homeless encampment, street-preaching? The amazing thing is that no one there seemed to know for sure except, we assume given that the principle of charity requires us to assume that the BID Patrol both has reasons for its actions and at the same time knows what those reasons are, the officers themselves.

A witness to the June 30, 2015 incident who also had no firm idea of the BID Patrol's intention, but was willing to exert effort to come up with a shared theory that fit the known facts, proving that he, unlike the Patrol, has not yet placed himself outside of normal human society. — A witness to the June 30, 2015 incident who also had no firm idea of the BID Patrol’s intention, but was willing to exert effort to come up with a shared theory that fit the known facts, proving that he, unlike the Patrol, has not yet placed himself outside of normal human society.

One witness, though, spent the time and the effort to share his theory on the BID Patrol’s motivation with our correspondent. This is what David Graeber calls “interpretative labor,” an activity which, as Graeber has it, “much of the everyday business of social life” comprises, an activity in which people with guns, made stupid by their own potential for state-sanctioned violence, do not typically engage, as they clearly do not in this case:²

Thank you for filming, cause they only pulled up when I started talking about God and Jesus. I was just talking about God and Jesus and taking the Illuminati down, and every day they don’t never bother nobody, and let them sit here, right? Well, all of a sudden today I came and started talking about God and Jesus and taking down the Illuminati, cause I’m in the middle of a documentary, all of a sudden they get a hundred calls a day. God bless us all, the Holy Spirit, in Jesus’ name.

Continue reading The Hollywood BID Patrol’s Intransigence on Transience Provides Yet Another Performative Demonstration of David Graeber’s Theory of Violence, Stupidity, and Interpretive Labor →

Joint Security Committee

30 Year Police Veteran Longs for the Good Old Days of Beating, Killing, Perjury, Free Cocaine, Doing the Job Without Being Undermined by Governments, Second-Guessed by Whiny Baby Liberals

July 13, 2015 kohlhaas Leave a comment

We didn't catch this guy's name, but we sure did catch his white privilege rage rant... — We didn’t catch this guy’s name, but we sure did catch his white privilege boo-hoo-hoo swelling violins rage rant pity party nostalgia speech…

We’ve written before about the cataclysmic flood of white privilege rage rants unleashed by Fabio Conti’s cri de coeur for the BID Patrol to stop coddling the homeless and start, we don’t know, killing them or whatever it takes to get them out of Hollywood, and the present post concerns yet another boulder in that avalanche of angst. We’re going to comment on the unnamed white privilege rage ranter’s rant (you can see the fellow’s picture somewhere in the vicinity of this sentence) one line at a time. You can read his whole speech after the break and watch it here if you’re so inclined.

…our effort to clean up the neighborhood is kinda like salmon swimming upstream.

No. First of all, salmon swimming upstream are beautiful, delicious, and nutritious. You people in the BID are none of these things. Second, you’re not trying to “clean up the neighborhood,” you’re trying to ethnically cleanse the neighborhood.

Salmon swimming upstream are beautiful, nutritious, and delicious. The BID Patrol is none of these things, izzit? — Salmon swimming upstream are beautiful, nutritious, and delicious. The BID Patrol is none of these things, innit?

One is at least plausibly laudable. The other is a violation of the United Nations Convention on the Prevention and Punishment of the Crime of Genocide. Also, your metaphor is deeply flawed. Salmon like swimming upstream. It’s what they’re born to do. It’s the crowning glory of their lives. They surely, if they could speak, wouldn’t be whining about it.

You know, we have the state and the city working against us by allowing people to sleep on the sidewalk, you know, all night long, because it’s the humane thing to do.

No. The state and the city are not allowing anyone to sleep on the sidewalk because it’s humane. The state doesn’t have the first thing to do with municipal laws and the city has been FORCED by the United States Court of Appeals for the Ninth Circuit in its landmark decision Jones v. City of Los Angeles, where it found that the city’s law against sitting on the sidewalk, LAMC 41.18(d), violates the Eighth Amendment to the United States Constitution. That is, it’s the Constitution of the United States that allows people to sleep on the sidewalk, Mr. Unnamed white privilege rage ranter. The city of Los Angeles fought this case every step of the way, and Charlie Beck and presumably other city officials can’t wait to start enforcing it again as soon as the terms of the settlement are met. By the way, your use of the word humane here is infelicitous; as Albert Einstein once said,¹ sarcasm is the language of the Devil. Note that we’re skipping some of the technicalities of the Jones case here, but the simplified outline is true enough.
Continue reading 30 Year Police Veteran Longs for the Good Old Days of Beating, Killing, Perjury, Free Cocaine, Doing the Job Without Being Undermined by Governments, Second-Guessed by Whiny Baby Liberals →