Tag Archives: Venice Justice Committee

Lawsuits, Los Angeles City Government, Venice

Venice Justice Committee Free Speech Lawsuit — City Of Los Angeles Settles — Agrees To Rewrite Beach Ordinance To Expressly Permit Leafletting, Petitioning, And So Forth On Boardwalk Until Midnight — And To Pay Carol Sobel $80,000 — When Will They Ever Learn?

October 11, 2018 Mike 2 Comments

Peggy Lee Kennedy and the Venice Justice Committee advocate for the rights of homeless people on the Venice Boardwalk. The LAPD has regularly threatened Kennedy with arrest for illegal vending in violation of the ordinance regulating such activities on the Boardwalk, that is to say, LAMC §42.15. Thus in February 2016 Carol Sobel filed suit in federal court on behalf of the activists. The suit survived a motion to dismiss after an August 2016 hearing in which not only did the City’s oral arguments seem pathetically pro forma but the judge, Dean Pregerson, seemed openly skeptical of the City’s position.

And that’s pretty much where things stood for over two years until yesterday, Wednesday, October 10, 2018, when the City of Los Angeles passed a motion agreeing to settle the case. The terms are excellent for the plaintiffs. The City agrees to rewrite the relevant section of LAMC 42.15 to explicitly state that activities protected by the First Amendment, including the use of a table, are expressly allowed on the Boardwalk until midnight. The City will also pay Carol Sobel’s office $80,000 for her excellent work on this matter. Turn the page for the full text of the motion. You can also read most of the pleadings here on Archive.Org.
Continue reading Venice Justice Committee Free Speech Lawsuit — City Of Los Angeles Settles — Agrees To Rewrite Beach Ordinance To Expressly Permit Leafletting, Petitioning, And So Forth On Boardwalk Until Midnight — And To Pay Carol Sobel $80,000 — When Will They Ever Learn? →

Municipal Ethics

More Scenes From The First Interested Persons’ Meeting — Über-Lobbyist Bill Delvac Reveals That His Clients Tactically Report Their Opponents In The Land Use Wars To The Ethics Commission As Unregistered Lobbyists But No Action Is Ever Taken — Heather Holt Corrects Him With Provocative Obliquity: “Perhaps No Public Action,” Quoth She

September 16, 2017 Mike Leave a comment

Oh dear, CPRA material from various BIDs, fascinating stuff, is pouring in as usual and just piling up on my metaphorical desk while I write post after post after post about the Ethics Commission‘s ongoing effort to revise the Municipal Lobbying Ordinance. Well, it can’t be helped, because the MLO is essential.¹ Part of the process is holding a bunch of meetings to seek input, the first of which took place last Thursday.² I’ve also posted my take on the various proposals. I’ll get to the BID stuff as soon as possible, friends, but meanwhile, here’s yet another MLO post.³

If you’ve been following the conversation you’ll know that the lobbyists opposing the proposed revisions have argued consistently that the City doesn’t need more regulations imposed on lobbyists who, according to them anyway, desperately want to follow the law but instead needs to register the herds of unregistered and unregulated lobbyists swarming around City Hall.⁴

They’re not wrong that there are far, far too many unregistered lobbyists. Turning these people in to the Ethics Commission is one of the main purposes of this blog and I have, uncharacteristically, to agree with the registered lobbyists that there are an awful lot of unregistered lobbyists haunting 200 N. Spring Street and that the ease with which they can be detected is astonishing.⁵

Where they are wrong is in their claim that there’s some kind of dichotomy between registering the unregistered and revising the laws. Mostly the people pushing this idea, that somehow revising the law and registering the unregistered are mutually exclusive, seem to be doing it only to distract everyone’s attention from how badly the present law needs revision and, possibly, how badly their subterranean activities might be exposed were the law to be revised.

At least that’s how it sounded in last week’s meeting when John Howland, late of the CCALA but more recently employed by Arnie Berghoff and Associates, broke out with the same old routine, of which I’ll spare you a transcription, because it’s essentially content-free. However, at that same meeting supervillainesque land use attorney Bill Delvac also had quite a lot to say, most of which, in contrast to the self-serving contributions of his fellow flacks in the so-called regulated community, was quite interesting.

On the subject of unregistered lobbyists, for instance, Bill Delvac asserted that not only were there bunches of them, but that many of the lawyers who professionally oppose development projects are engaged in lobbying, and that essentially none of them are registered. He also, surprisingly to me, revealed that many of his clients had reported such lawyers to the Ethics Commission but that no action had been taken. Heather Holt, executive director of the Commission, corrected him, saying “perhaps no public action.”

And turn the page for some comments on the more technical parts of what Bill Delvac had to say, including the only colorable argument I’ve ever heard against a compensation-based definition as the main criterion for registration as a lobbyist.⁶ There is also, as usual, a transcription of all relevant remarks.
Continue reading More Scenes From The First Interested Persons’ Meeting — Über-Lobbyist Bill Delvac Reveals That His Clients Tactically Report Their Opponents In The Land Use Wars To The Ethics Commission As Unregistered Lobbyists But No Action Is Ever Taken — Heather Holt Corrects Him With Provocative Obliquity: “Perhaps No Public Action,” Quoth She →

Lawsuits

Venice Justice Committee v. City of Los Angeles: Pregerson Denies Essential Part of Defendant’s Motion to Dismiss, Case Will Proceed

September 9, 2016 Mike Leave a comment

Not every clown on the Boardwalk is benign.

Last month Judge Dean Pregerson heard oral arguments on the City’s motion to dismiss this suit, filed by the Venice Justice Committee against the City of Los Angeles in opposition to its ham-fisted attempts to regulate speech on the Venice Boardwalk. Today he filed his order denying the motion to dismiss in part and granting it in part as well. Pregerson’s a lively writer, and the order makes interesting reading. There are three main issues addressed in the order.

First up, the City regulates vending on the Boardwalk in various ways, but contains an exception for soliciting donations and other activities protected by the First Amendment. Plaintiff Peggy Lee Kennedy was evidently told on a couple of occasions by LAPD officers that asking for donations was vending and that she had to stop or face arrest. Everyone agrees that these cops were in the wrong, but the question before the Court seems to have been whether the law “as applied” was unconstitutional. Pregerson found that it was not, and accordingly dismissed the parts of the complaint that had to do with that claim.

Second,⁷ the Plaintiffs made claims under the Bane Act, which allows people to sue if their constitutional rights were violated maliciously. Pregerson found that even assuming that the Plaintiffs’ constitutional rights were violated, they weren’t violated maliciously. I’m skipping some details, but that’s essentially why he also dismissed this cause of action.

Finally, and most interestingly, we come to the Plaintiffs’ claim that the City’s so-called Sunset Provisions are unconstitutional. This claim has to do with LAMC 42.15, which regulates vending and other activities at Venice Beach. In particular it states that “[n]o person shall set up or set down items in, take down items from or block, or attempt to reserve a Designated Space⁸ between Sunset and 9:00 am.”
Continue reading Venice Justice Committee v. City of Los Angeles: Pregerson Denies Essential Part of Defendant’s Motion to Dismiss, Case Will Proceed →

Venice Beach BID

169 Signatures on Petition Opposing Venice Beach BID Placed into Council File Today

June 29, 2016 Mike Leave a comment

You can look down on Venice but Venice will never look down on you. Venezia mi ama e io amo Venezia. — You can look down on Venice but Venice will never look down on you. *Venezia mi ama e io amo Venezia.*

As tragic as the demise of Venice has been to watch over the last five years or so, it turns out that she still has some life in her. If anyone had asked me five years ago which neighborhood of Los Angeles might successfully oppose a BID, I would have said Venice without even having to think about it. But the last half-decade, what with sociopathic techbros of both sexes in possession of orders of magnitude more money than sense buying every sliver of land in sight and thereby running the prices up into the stratosphere even as they’re hogging the waves with their irremediably Barneyfied GoPro equipped styrofoam surfboards, zillionaires remodeling the canals into a nightmare AirBnB horror show, stupid fucking restaurants that…evidently leave me speechless, all this had driven me into what I thought was an inescapable well of cynical despair with respect to the fate of this dearest of all areas of our City.

Well, tonight the Clerk’s office placed a petition with 169 signatures of Venice residents opposing the formation of a BID there and, just like that, my hope in Venice is restored! They oppose it articulately, wisely, and for all the right reasons, too:

We, the undersigned, oppose the establishment of a Venice Beach Business Improvement District (BID). We believe in public control of public resources and oppose the privatization of those resources. We support renters’ rights, both for residential and commercial renters, and oppose taxation without representation. BIDs impose taxes that renters often pay, but which landlords decide upon. BID private security forces have a track record of infringing on the rights of our lowest-income neighbors, especially those people who are unhoused. We oppose private security fources controlled exclusively by commercial and industrial interests when their impact will affect the entire community, especially those disenfranchised from BID governance.

And it’s worth reading the cover sheet, too, which is signed by a number of right-thinking organizations and lays out a spot-on general anti-BID theory in the highly specific context of opposing this BID. You can read it here and there’s a transcription after the break:
Continue reading 169 Signatures on Petition Opposing Venice Beach BID Placed into Council File Today →

Lawsuits, Venice

Venice Justice Committee v. City of Los Angeles

June 6, 2016 Mike Leave a comment

If you've ever seen someone you loved deeply lying dead and embalmed in a casket, covered with makeup and looking like a freaking wax dummy you'll have some idea how this photograph makes me feel. — If you’ve ever seen someone you loved deeply lying dead and embalmed in a casket, covered with makeup and looking like a freaking wax dummy you’ll have some idea how this photograph makes me feel.

I didn’t mention it at the time, but in February of this year, the heroic Carol Sobel filed suit on behalf of American heroine Peggy Lee Kennedy and the Venice Justice Committee against the City of Los Angeles for yet another set of bullshit shenanigans at the beach, this time to do with the LAPD arresting people for handing out pamplets while seated at a table after sunset in a “Designated space.”⁹ At that time I started collecting the documents from PACER and putting them in a directory here but I didn’t write a post or even put a page in the menu structure for it (although I have done so now), because it’s a little off-topic. Anyway, today the City of Los Angeles filed a motion to dismiss and it made me so mad I thought I’d initiate some coverage here. I’m still too mad to explain why I’m mad, but at some point in the future I’ll actually discuss the substance of the case. No mainstream media seems to be covering this matter, and even the Beachhead doesn’t have much, so I guess it must be up to me. More reasons after the break.
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