Tag Archives: LAMC 56.11

Defendant City of Los Angeles Files Reply in Support of Their Pending Motion to Dismiss

April 25, 2016 Mike Leave a comment

(See Gale Holland’s excellent story in the Times on Mitchell v. LA as well as our other stories on the subject for the background to this post).

On April 5, 2016 the City of Los Angeles, defendant in Mitchell v. Los Angeles,filed a motion to dismiss this lawsuit (the actual pleading is here). The plaintiffs replied to this last Friday. Today the City of LA filed a reply to the plaintiffs’ reply. I don’t even know where to start with this, so I’m just announcing its existence and making it available for free here so you can save 60¢ on PACER. By the way and completely off-topic: PACER is the subject of a class action lawsuit filed last Thursday alleging illegal overcharging. Go team!

Lawsuits

Plaintiffs File Opposition to City of LA’s Motion to Dismiss, Alleging Blatant Violations of Local Court Rules in Addition to All-Around Wrongness

April 18, 2016 Mike Leave a comment

(See Gale Holland’s excellent story in the Times on Mitchell v. LA as well as our other stories on the subject for the background to this post).

On April 5, 2016 the City of Los Angeles, defendant in Mitchell v. Los Angeles, the latest homeless-rights lawsuit to come off the line at Carol Sobel‘s magic workshop, filed a motion to dismiss, staking their position on the seemingly (even to me, who knows little to nothing about the legal issues at stake) very thin grounds that they had the right to destroy whatever they wanted to because they passed a law saying that they did.¹

Today the plaintiffs filed a response to the City’s motion which was supported by a declaration of Carol Sobel and a bunch of exhibits. This stuff is pretty much too technical for me to even discuss, but, as always, I got the pleadings from PACER so I want to make them available here for you. However, I suppose that if the court has already found that the plaintiffs’ arguments are likely to succeed on their merits and issued an injunction, it’s not too very likely that he’s going to grant a motion to dismiss. Like I said, though, I have no idea what I’m talking about.² Continue reading Plaintiffs File Opposition to City of LA’s Motion to Dismiss, Alleging Blatant Violations of Local Court Rules in Addition to All-Around Wrongness →

Lawsuits

Court Finds Plaintiffs’ Arguments Likely to Succeed on their Merits, Issues Preliminary Injunction Limiting Confiscation of Homeless People’s Property on Skid Row

April 13, 2016 Mike Leave a comment

Judge James Otero issued a temporary restraining order prohibiting the City of LA from wantonly confiscating homeless people's property on Skid Row. — Judge James Otero issued a temporary restraining order prohibiting the City of LA from wantonly confiscating homeless people’s property on Skid Row.

Judge James Otero just today issued an order granting an injunction prohibiting the City of Los Angeles from confiscating the property of homeless people living on Skid Row without following a detailed procedure meant to protect their property rights. In order to grant this order, Otero had to find that the claims of the plaintiffs against the City were likely to succeed, and this he did. In particular, he analyzed the evidence that the City submitted in opposition to the request for a restraining order and stated unequivocally that “The counterevidence submitted by Defendants, including the videos, are at best inconclusive.” This strikes my (uninformed) eye as a fairly bad start to the City’s defense of this case, which is a fairly good omen for justice, fairness, and humanity in this City of Angels.

You can see the conditions under which the City is allowed to confiscate property after the break, but they seem to be essentially the conditions (notification, health hazards, storage for 90 days, etc.) that are already prescribed by LAMC 56.11. My superficial reading of the situation is that he’s ordering them to stick to what the law already allows, but now they have a federal judge ordering them to stick to what the law allows. After all, it’s one thing to have to follow the law because it’s the law. It’s another more serious thing entirely to have to follow the law because a federal judge is watching you to make sure you follow it. Anyway, that’s what I think is going on here.
Continue reading Court Finds Plaintiffs’ Arguments Likely to Succeed on their Merits, Issues Preliminary Injunction Limiting Confiscation of Homeless People’s Property on Skid Row →

Lawsuits

City of LA Files No-Holds-Barred Opposition to Plaintiffs’ Application for Restraining Order Against Enforcement of LAMC 56.11; Accuses both Plaintiffs and their Attorneys of Lying, Requests Sanctions Against Them

April 6, 2016 Mike Leave a comment

[Updated on April 9 to remove information that the plaintiffs have requested that the court place under seal. I’ll reevaluate this elision after the court rules.]

(See Gale Holland’s excellent story in the Times for background).

Recall that on April 1, the plaintiffs in Mitchell v. Los Angeles asked the court to enjoin the City from confiscating the plaintiffs’ property while the case was pending. Today the City filed its opposition to this application. The pleading pulls no punches:

Defendant City of Los Angeles hereby opposes the Plaintiffs’ request for a temporary restraining order. The grounds for the opposition are that the Plaintiffs have misrepresented the facts which led to the destruction of their property, there is no widespread practice violating federal law which requires enjoining, and there is no urgency justifying ex parte relief.

Further, should the Court deem it appropriate, the City requests that the Court set a Rule 11 briefing to determine an appropriate amount of sanctions against Plaintiffs and their counsel, jointly and severally, for submitting factual contentions which have no evidentiary support. In the alternative, the City requests that the Court set said hearing at least against Plaintiffs Escobedo and Roque and their counsel, jointly and severally.

The relevant part of Rule 11 seems to be:

(b) By presenting to the court a pleading, written motion, or other paper—whether by signing, filing, submitting, or later advocating it—an attorney or unrepresented party certifies that to the best of the person’s knowledge, information, and belief, formed after an inquiry reasonable under the circumstances:
…
(3) the factual contentions have evidentiary support or, if specifically so identified, will likely have evidentiary support after a reasonable opportunity for further investigation or discovery; and

The City also filed a number of other interesting items, which I have not yet have time to read in detail. You can find a list of them and some more detailed selections from the Opposition after the break.
Continue reading City of LA Files No-Holds-Barred Opposition to Plaintiffs’ Application for Restraining Order Against Enforcement of LAMC 56.11; Accuses both Plaintiffs and their Attorneys of Lying, Requests Sanctions Against Them →

Lawsuits

City Files Motion to Dismiss Mitchell v. Los Angeles, Hearing Set for Monday, May 9 at 10 a.m.

April 5, 2016 Mike Leave a comment

(See Gale Holland’s excellent story in the Times for background).

Today the City of Los Angeles, defendant in Carol Sobel et al.’s latest suit on behalf of homeless people, filed a motion to dismiss many of the causes of action in the complaint. There is also an associated request for judicial notice regarding one of the facts recited in the motion. The issues seem mostly technical and beyond my capacity to interpret, but I will venture some comments on one claim by the City. They seem to assert (at p.5, L.9) that one of the causes should be dismissed because the initial complaint didn’t argue that the City didn’t have a valid reason for seizing and destroying the property at issue. Specifically that
Plaintiffs never plead that all of the property seized was lawful to possess, and was clean or at least uncontaminated by direct contact with or close proximity to the hazardous materials common on a Skid Row street – feces, rats, maggots, blood, etc. – such that the property did not pose an immediate hazard to health.
And further, that because it’s at least plausible that the property was contaminated just by being on Skid Row, the only allowed relief from the destruction of their property is money damages from the City. I don’t see how this can be right, though.
Continue reading City Files Motion to Dismiss Mitchell v. Los Angeles, Hearing Set for Monday, May 9 at 10 a.m. →

Lawsuits

A Flurry of Filings in Mitchell et al. v. City of LA et al. Suggests that Homeless Advocates May be Trying to have City Enjoined from Enforcing Newly Amended LAMC 56.11

April 1, 2016 Mike Leave a comment

Mitchell v. Los Angeles, the latest in a series of suits filed by homeless people who’ve had their property illegally confiscated by the City (see Gale Holland’s recent article for an excellent summary) took an interesting turn today, when a flurry of filings hit PACER. First of all, the plaintiffs asked the court for a preliminary injunction and a temporary restraining order enjoining the City from confiscating their property while the case is on. They filed a huge number of declarations and other evidence in support of this application, many although not all of which can be found on our page dedicated to the case. The City asked for extra time to respond and the court granted them some.
Continue reading A Flurry of Filings in Mitchell et al. v. City of LA et al. Suggests that Homeless Advocates May be Trying to have City Enjoined from Enforcing Newly Amended LAMC 56.11 →

Downtown Center BID

Shame, Shame on Carol Schatz: The Zillion Dollar Woman’s Duplicity is Revealed by Propositional Logic Even Though She Just Wants to be Fair to “Homeless Individuals”

March 16, 2016 kohlhaas Leave a comment

Carol Schatz's duplicity laid bare by Venn diagrams! — Carol Schatz’s duplicity laid bare by Venn diagrams!

UPDATE (3/17 9:40 a.m.): Just now the City Clerk sent out the agenda for a special meeting of the City Council tomorrow morning, amended to include the very change described in this post, requested by Carol Schatz only yesterday. Now THAT is political juice. Disgusting.

Carol Schatz, she of the zillion dollars an hour paycheck, just this evening with respect to Council file 14-1656-S1, on homeless people’s property, had a letter to the Council appear, advocating a change in conjunction from “and” to “or” in the proposed statute. Here’s what Carol Schatz had to say about the current proposal:

The ordinance from the City Attorney transmitted to the PWGR committee³ only leads to a violation if a person refuses to remove a tent and obstructs removal.

And why is this bad, Carol? Pray, do tell:

This is unreasonable in light of limited city resources. It would require the continued involvement of the LAPD to have tents deconstructed on a daily basis, which is not practical or the best use of resources. It also does not meet the City’s goal of decriminalizing homelessness.

And not only that, but look:

This is unfair to homeless individuals, business owners, residents and other community stakeholders.

You read it here second, friends! Carol Schatz is concerned that some City law is unfair to homeless people.⁴ Carol Schatz, the homeless people’s friend! Well, anyway, that line about the proposed law not decriminalizing homelessness is true, at least. Arresting homeless people because they won’t remove their tent and obstruct its removal “…does not meet the City’s goal of decriminalizing homelessness.” After all, it provides a way to arrest people, and only homeless people are affected. So what’s her solution? We are glad you asked! Read on for details:
Continue reading Shame, Shame on Carol Schatz: The Zillion Dollar Woman’s Duplicity is Revealed by Propositional Logic Even Though She Just Wants to be Fair to “Homeless Individuals” →

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 →

Central City East Association

Video of Yesterday’s Central City East Association Meeting Now Available

January 27, 2016 Mike Leave a comment

Edward Camarillo at the January 26, 2016 meeting of the CCEA at 725 S. Crocker Street.

I’m formally initiating coverage of the Central City East Association with some video of yesterday’s meeting of the Board of Directors at CCEA headquarters at 725 S. Crocker Street. You can find Part 1 and also Part 2. Note that the record is not complete because the Board went into closed session and I couldn’t stick around to see them reconvene. Part I consists entirely of CD14 representative Jose Huizar policy director Martin Schlageter talking about homeless issues in the BID’s territory and then, most interesting of all, taking questions from the Board members. The level of micromanagement is astonishing. We hope to write on some of the details later, but check some representative Q&A after the break. Part 2 is mostly taken up by a representative from the Runyon Group seeking CCEA support for entitlements for their ROW DTLA project (this project was formerly known as Alameda Square). Someone here will be writing on this soon in some detail.
Continue reading →