Tag Archives: Misty Iwatsu

Business Improvement Districts, Lawsuits, Public Records Act Pragmatics, Uncategorized

Remember How I Sued The Highland Park BID And The Lincoln Heights BID In January 2020 Over Their Failures To Produce Public Records? — They Were About To Settle The Case But Then They Flipped Out — Fired Their Sane Lawyers — And Hired Carol Humiston And Her Weirdo Henchie Julie Bachert To Fight The Case! — And My Lawyer — Colleen Flynn — Fought Off Their Aggressively Unhinged Tactics — And Taught Them A Lesson They Shouldn’t Forget But They Probably Will — And They Came Crawling Back Begging To Settle! — Which We Did Yesterday And They’re Paying Flynn And Matthew Strugar — Who Also Helped — Thirty Thousand Dollars In Fees — And Assorted Costs — And They Agreed To Produce Emails On A Schedule — So More News About These Infernal BIDs Quite Soon!

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Background: This post follows up on a post from last year, and here’s some useful background from there:

It’s been a while since I’ve written about our old friends at the Highland Park BID but that’s certainly not because I lost interest in them! You’ll recall that in early 2018 they released a really rich set of emails in response to some requests made under the California Public Records Act. These records revealed, among other things, the BID’s complicity in the ongoing hurricane-force gentrification of Highland Park, using tactics like mural erasure and harassment of street vendors. The emails also showed the BID’s creepy Facebook stalking of local antigentrification activists, coordinated with weirdo CD1 staffer Bill Cody.

The post is about my lawsuit against these BIDs. You can read most of the pleadings filed here on Archive.Org as well.

Remember last January? Before all this pandemic insurrection nonsense? Anyway, that’s when I filed a suit against both the Highland Park Business Improvement District and the Lincoln Heights BID1 over their failures to comply with the California Public Records Act. I haven’t written much on it because at first it looked like it was going to settle quickly. The BIDs agreed to produce the records and everything was fine.

Then they fired their lawyers and hired Carol “World’s angriest CPRA lawyer” Humiston’s firm, Bradley & Gmelich, to fight the petition instead. Humiston, of course, has it in for me and is even willing to break the law and the rules of the California State Bar to further her obsessive campaign. She apparently actually believes that the only reason I request records from BIDs is to fuck with them and run up their lawyer bills, and she’s determined to prove this in court.

So these new lawyers, apparently more determined to get at me than to help their clients, aggressively tried to depose me, I guess to get me to admit to my evil anti-BID plans. There’s nothing that my evidence can add to a CPRA case, though. The law specifically states that the requester’s purpose is irrelevant.2 and my lawyer, the incomparable Colleen Flynn, filed a motion for a protective order to stave them off.
Continue reading Remember How I Sued The Highland Park BID And The Lincoln Heights BID In January 2020 Over Their Failures To Produce Public Records? — They Were About To Settle The Case But Then They Flipped Out — Fired Their Sane Lawyers — And Hired Carol Humiston And Her Weirdo Henchie Julie Bachert To Fight The Case! — And My Lawyer — Colleen Flynn — Fought Off Their Aggressively Unhinged Tactics — And Taught Them A Lesson They Shouldn’t Forget But They Probably Will — And They Came Crawling Back Begging To Settle! — Which We Did Yesterday And They’re Paying Flynn And Matthew Strugar — Who Also Helped — Thirty Thousand Dollars In Fees — And Assorted Costs — And They Agreed To Produce Emails On A Schedule — So More News About These Infernal BIDs Quite Soon! →

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Business Improvement Districts, Lawsuits, Public Records Act Pragmatics

North Figueroa Association — AKA Highland Park BID — And Lincoln Heights BID — Sued To Enforce Compliance With The California Public Records Act — After I Exposed Their Mural Erasures — And Social Media Stalking — And Attacks On Street Vendors — In 2018 They Lawyered Up — And Stopped Complying With The Law — Apparently Litigation Is The Only Way To Get These Outlaws To Comply With Their Damn Obligations

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It’s been a while since I’ve written about our old friends at the Highland Park BID but that’s certainly not because I lost interest in them! You’ll recall that in early 2018 they released a really rich set of emails in response to some requests made under the California Public Records Act. These records revealed, among other things, the BID’s complicity in the ongoing hurricane-force gentrification of Highland Park, using tactics like mural erasure and harassment of street vendors. The emails also showed the BID’s creepy Facebook stalking of local antigentrification activists, coordinated with weirdo CD1 staffer Bill Cody.

The Highland Park BID’s executive director, Misty Iwatsu, is also the ED of the Lincoln Heights BID.3 Lincoln Heights isn’t as under the gentrification gun as Highland Park, but it’s going to be very soon. So in May 2018 I sent some CPRA requests to the LHBID, seeking to understand their role in changing the neighborhood and also to understand their BID renewal process, which was just beginning. But by the middle of that month Iwatsu’s two BIDs had evidently had their damn fill of transparency.4 They hired ritzy Manhattan Beach lawyer Mark Abramson, who on their behalf immediately stopped complying with the CPRA.

And as usual I spent some time trying to convince the guy to straighten up and follow the law, but he simply would not do it. The previously smooth flow of records ceased. Abramson announced vague far-in-the-future deadlines for production and then blew through them, sent corrupted files and denied they were corrupted, and all the usual tactics that obstructionist agencies rely on. At some point it became clear that no one at either of these BIDs was planning to comply with the law, so on Monday, January 13, 2020, I filed a petition in L.A. County Superior Court asking the judge to compel them.

The public interest in accessing this material is huge even apart from the general public interest in having public agencies comply with the Public Records Act. The BID’s role in mural erasure was covered in L.A. Magazine and The Boulevard Sentinel and local activists Restorative Justice for the Arts have organized in opposition. The Lincoln Heights BID is actually involved somehow in the planned gentrification of that neighborhood, which has also been covered in the press. And in the 18 months since the BIDs stopped complying we’ve been kept in the dark about whatever else these publicly funded entities are getting up to. This cannot be allowed to continue! Read on for selections from the petition!
Continue reading North Figueroa Association — AKA Highland Park BID — And Lincoln Heights BID — Sued To Enforce Compliance With The California Public Records Act — After I Exposed Their Mural Erasures — And Social Media Stalking — And Attacks On Street Vendors — In 2018 They Lawyered Up — And Stopped Complying With The Law — Apparently Litigation Is The Only Way To Get These Outlaws To Comply With Their Damn Obligations →

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Business Improvement Districts, Los Angeles City Government

Rita Moreno Thinks The “Boundaries Of A BID Must Be Contiguous” — Misty Iwatsu Agrees!! — No! Wait! Rita Moreno Thinks “There’s No Legal Requirement That The Boundaries Be Contiguous”! — Whichever It Is, We Think That Rita Moreno (A) Is Practicing Law Without A License And Ought To Stop It Right Now Cause It’s Illegal And She’s Confusing Everybody And (B) Does Not Know What The Word “Contiguous” Means

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OK, I’m sorry, this post is on kind of a technical subject, but I think it’s important and also it reveals a kind of weird off-handed incompetence amongst the City Clerk’s BID analyst staff that I think is worth memorializing. The central issue is whether the Property and Business Improvement District Act of 1994 requires a BID to be in one piece. I’m going to use the technical term “connected” here.5

It’s not just an idle question, either. You may recall that the proposed Hollywood Route 66 BID runs up Santa Monica Blvd. from Vine Street to Hoover Street. The problem is that Vermont Avenue crosses Santa Monica right in the middle of that stretch, and every building that touches Vermont is already included in the East Hollywood BID.

Regardless of what the PBID law has to say about connectedness of BIDs, it’s very, very clear on the fact that BIDs can’t overlap.6 Hence commercial buildings on both Santa Monica and Vermont must be excluded from the Hollywood Route 66 BID, which leaves its territory disconnected. Plausibly, also, the EHBID could cede those buildings to the Route 66 BID, but, interestingly, doing so would leave the EHBID disconnected, so nothing would be gained. Here’s a copy of the map if it’ll be useful.

Thus a correct understanding of what the law allows is essential for the formation of at least that BID, and probably others in the future. And I’m not a lawyer, but I read the whole damn PBID law about a zillion times and the connectivity of a BID is not mentioned in there at all. It’s my not-a-lawyer understanding that if a law doesn’t explicitly forbid something then that something is allowed.

But the famous Rita Moreno of the City Clerk’s Neighborhood and Business Improvement District division didn’t agree with me in 2017! Then she did agree with me in 2018! And Misty Iwatsu spent some time in 2016 babbling on about the matter and thought 2017 Rita Moreno was right! And Rita Moreno didn’t just think, she advised! And it strikes me that her advice looked an awful lot like practicing law without a license, which is illegal in California!7

And of course you want to see details! And primary sources! Turn the page and there they are!!
Continue reading Rita Moreno Thinks The “Boundaries Of A BID Must Be Contiguous” — Misty Iwatsu Agrees!! — No! Wait! Rita Moreno Thinks “There’s No Legal Requirement That The Boundaries Be Contiguous”! — Whichever It Is, We Think That Rita Moreno (A) Is Practicing Law Without A License And Ought To Stop It Right Now Cause It’s Illegal And She’s Confusing Everybody And (B) Does Not Know What The Word “Contiguous” Means →

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Business Improvement Districts

North Figueroa Association Establishes Two Putatively Ad Hoc Committees In Transparent Attempt To Evade Public Scrutiny — It’s Not Clear That Their Brown Act Loophole Theory Is Correct — And They Violated The Brown Act While Forming The Committees — Misty Iwatsu Explains BID Renewal Process To A Bunch Of Ignorant Board Members — Gina Alza Flips The Freakin’ Frick Out When She Learns Misty Iwatsu Won’t Do All The Work — Screams That She Has A Damn Job Already And So Do All The Other Board Members — Take That, Misty!

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Oh, for God’s sake! Yesterday the freaking North Figueroa Association called a special meeting.8 As always, I zooped out there on the good old 81 and videotaped the whole damn thing, and you can watch it here on YouTube or here on Archive.Org as you prefer. Here’s the agenda that Misty Iwatsu distributed. There are only two items of business on there, which are:

a. Highland Park BID- Committee formed
b. Personnel- Employee Contract renewal- Committee formed

What’s going on here, it’s pretty clear, is that the NFA can’t stand the scrutiny they’ve been under lately, what with ongoing activism related to their illegal destruction of public art, their über-creepazoidal Facebook stalking of people, their weirdo symbiotic relationship with Cedillo staffer Bill Cody, the world’s oldest field deputy, who, e.g., “handles” the BID’s enemies list, their slavering white supremacy and unconvincing denial thereof, their unprovoked attacks on street vendors, and so on.

And so, instead of reforming their outlaw ways like sane people would do, they’ve taken to canceling their regular meetings in a pathetic attempt to avoid mockery. But they do still have to get some business done, like e.g. Misty Iwatsu’s contract seems to be expiring or already gone, and they have to handle the damn BID renewal.9 Hence, like so many BIDs around the City who can’t stand the heat but won’t get out of the damn kitchen, they’ve decided to cower behind a putative loophole in the Brown Act,10

And not only that, but these BIDdies are so astoundingly clownish that in this ten minute meeting they managed not only to violate the Brown Act about one and a half times,11 but also board member Gina Alza had a weird tantrum about how Misty Iwatsu ought to do all the outreach work for their BID renewal because the board members actually have jobs unlike, I guess, Misty Iwatsu? Anyway, turn the page for the details, both sordid and tedious, which is just how BIDology rolls, innit?
Continue reading North Figueroa Association Establishes Two Putatively Ad Hoc Committees In Transparent Attempt To Evade Public Scrutiny — It’s Not Clear That Their Brown Act Loophole Theory Is Correct — And They Violated The Brown Act While Forming The Committees — Misty Iwatsu Explains BID Renewal Process To A Bunch Of Ignorant Board Members — Gina Alza Flips The Freakin’ Frick Out When She Learns Misty Iwatsu Won’t Do All The Work — Screams That She Has A Damn Job Already And So Do All The Other Board Members — Take That, Misty! →

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Business Improvement Districts

Proof That The North Figueroa Association Ordered The Destruction Of Two Highland Park Murals In 2017

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There have been highly plausible but nevertheless unconfirmed rumors floating around the City for a while now that the North Figueroa Association, which administers the Highland Park BID, was responsible for the destruction of murals in Highland Park. Now, at long last, I have obtained definitive proof of this connection.

After reading last week’s article on the controversy in LA Magazine, a friend of this blog asked Felicia Filer of the Department of Cultural Affairs for relevant emails. And this evening she came through in a big, big way. Read the whole thing for yourself right here, and turn the page for transcriptions. The short version is that, in the words of Cedillo staffer Conrado Terrazas, there were:

… two murals we discussed that the North Figueroa Association would like to paint out because they have graffiti.

And after discussion with appropriate City staff, Conrado Terrazas actually gave Misty Iwatsu the go-ahead to destroy the murals:

Hi Yami,

Thank you for your follow up on this. Misty Iwatsu with the Business Improvement District, aka North Figueroa Association will paint out the walls where these two murals are located.

Hi Misty,

It is fine for your staff to paint out these illegal murals on City Property.

Regards,.
Conrado Terrazas

Here are the two murals!!


As I said, turn the page for transcriptions!
Continue reading Proof That The North Figueroa Association Ordered The Destruction Of Two Highland Park Murals In 2017 →

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Business Improvement Districts

Highland Park BID-Associated Facebook Stalkers Discovered That Community Activists Planned A Vigil For Lost Murals — Misty Freaking Iwatsu Reported Their Plans To Cedillo Staffers Terrazas, Rodriguez, And Bill Freaking Cody — Bill Freaking Cody To Misty Freaking Iwatsu: “I Will Handle This” — Same Bill Cody, By The Way, Who Is Way, Way Too Cozy With The Zillionaires For Someone Whose Job Is To Represent The Whole Community

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Yesterday I received another 1700 or so emails from Misty Iwatsu of the Highland Park BID in response to my public records act requests. These are available here on Archive.Org. I haven’t had time to read all of them yet, but at least two of them are really important, having to do with the BID’s well-known creepy Facebook stalking of community activists.

Here’s the short version. On November 12, 2017 someone12 sent an email to Misty Iwatsu to alert her to the fact ‘[t]hat guy (Mando) has advertised an event, “We will be having a vigil in memoriam of the murals and art that was already destroyed by Misty Iwatsu”‘. This was accompanied by a screenshot from Facebook showing a discussion about the vigil (There is a full transcription and a copy of the screenshot after the break).

Misty Iwatsu forwarded this email to three Cedillo staffers from the rep’s Highland Park field office, namely Conrado Terrazas, Jose Rodriguez, and Bill Cody. Bill Cody13 emailed his response just 64 minutes later even though it was really late at night on a freaking Sunday, with this astonishing statement: “I will handle this. Talk to you tomorrow.”

I really wonder what the heck the guy is thinking. Some people are planning to do something completely legal and they’re being Facebook-stalked over it by a City-funded zillionaires’ club who is feeling, even though the City Council has carved up the entire City into bite-sized pieces and is feeding it to them bit by freaking bit, that they’re the victims of the story so they have to email CD1 staff in the middle of the night to bitch about this vigil and, even weirder, a staffie responds in the middle of the night saying that he will “handle this.”

This is beyond bizarre in a hysterically fearful way that I’ve come to expect from BIDdies but am just starting to get used to the City’s style of response to it.14 Really, I wonder what Bill Freaking Cody would do if I emailed him in the middle of the night the next time the damn BID was planning a meeting? “HELP, Bill Cody! Zillionaires are planning to get together and conspire against human beings in Highland Park!!” Would he get right back to me with a promise to “handle this”? Don’t think so.

Anyway, turn the page for more details from the emails and another hitherto unrevealed juicy tidbit about Bill Freaking Cody!
Continue reading Highland Park BID-Associated Facebook Stalkers Discovered That Community Activists Planned A Vigil For Lost Murals — Misty Freaking Iwatsu Reported Their Plans To Cedillo Staffers Terrazas, Rodriguez, And Bill Freaking Cody — Bill Freaking Cody To Misty Freaking Iwatsu: “I Will Handle This” — Same Bill Cody, By The Way, Who Is Way, Way Too Cozy With The Zillionaires For Someone Whose Job Is To Represent The Whole Community →

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Business Improvement Districts

Highland Park BID Executive Director Misty Iwatsu Wanted To Apply For A Job In Culver City But Thought Culver City Is Part Of Los Angeles — Thank Goodness The Leaders Of Los Angeles Have Chosen To Appoint To Its Positions Of Influence And Power Persons Of Such Deep Wisdom And Knowledge About The Politics, Society, And History Of Our City!

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Tonight I have for you another juicy morsel from the recently announced set of emails from the Highland Park BID. Our story begins with this email from the BID Consortium to all of its zombie-like followers who, it seems, include Misty Iwatsu. The email was a listing of job opportunities for the LA BIDdie community, ensubjectified “Announcement:::BID Opportunities” and containing, in pertinent part, the following likely little slab of puckey:

Culver City Arts District BID – Executive Director

The Culver City Arts District is looking to hire a part-time Executive Director to help manage the programs and Board. The position will only be about 20-25 hours a month ($45-50 an hour). They are hoping to find someone that can assist with the business outreach, events, board administration, oversee a marketing consultant and generally keep things humming along. It is fairly low-key – and relatively flexible – though the board is looking for a self-starter with exceptional communication skills that can keep things moving along without a lot of oversight.

Contact: Elaine Gerety Warner (elaine.warner@culvercitv.org)

And friend Misty Iwatsu evidently read that and thought something along the lines of “I’m gonna cut me a slice of that cake!” because, somewhat less than three days later, she sent this cheerful little missive off to City of Los Angeles employed BIDmeisterin Rita Moreno, whom so many of our BIDs rely on for her good sense and relative sanity,15 asking for some job-related info and, in the process, fatally revealing the fact that she thought Culver City was somehow a part of Los Angeles when everybody who’s actually paying attention knows it’s its own damn place, got their own damn mayor, their own damn city council, their own damn muni code. It’s just like a real city, only smaller!

As usual, turn the page for a transcription, more emails, and the usual mockery!
Continue reading Highland Park BID Executive Director Misty Iwatsu Wanted To Apply For A Job In Culver City But Thought Culver City Is Part Of Los Angeles — Thank Goodness The Leaders Of Los Angeles Have Chosen To Appoint To Its Positions Of Influence And Power Persons Of Such Deep Wisdom And Knowledge About The Politics, Society, And History Of Our City! →

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Business Improvement Districts

Highland Park BID Accused Of Promoting Gentrification By Among Other Things Asking The City To Enforce Anti-Mural Laws And Selectively Promoting White-Serving Businesses — Board Of Directors Spy On Activists’ Facebook Comments — All Of Which Sheds Some Light On The Exceedly Underappreciated Facts That (A) Property-Based BIDs Do Not In Any Way Represent Businesses — They Represent Property Owners And Only Property Owners and (B) The City Is More Complicit In Gentrification Than Anyone Will Admit

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One purpose of this post is to announce the availability of a bunch of emails from the Highland Park BID from 2017 and early 2018. The Highland Park BID is a new client16 of mine, and thus far they, in the person of their executive director Misty Iwatsu, have been exceedingly cooperative, for which I thank them very much.

There’s a lot of interesting material in there,17 and I’ll be writing about at least a few more items over the coming weeks, but most interesting of all, I think, is some material from November 2017 about antigentrification activists in Highland Park and their understanding of the BID’s role in social cleansing for the sake of financial gain.18

This story provides an excellent example of what pernicious gentrification looks like in Los Angeles, how it is covertly but significantly supported by the City government, and how property-based BIDs do not care a whit about the interests of business owners per se. They only care about the interests of the owners of commercial property who, in this City at least, are predominately white. Turn the page for all the details!
Continue reading Highland Park BID Accused Of Promoting Gentrification By Among Other Things Asking The City To Enforce Anti-Mural Laws And Selectively Promoting White-Serving Businesses — Board Of Directors Spy On Activists’ Facebook Comments — All Of Which Sheds Some Light On The Exceedly Underappreciated Facts That (A) Property-Based BIDs Do Not In Any Way Represent Businesses — They Represent Property Owners And Only Property Owners and (B) The City Is More Complicit In Gentrification Than Anyone Will Admit →

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