There is a lot of interesting stuff in the Los Angeles City Charter! And I didn’t realize it before, but the same is true of the Los Angeles Administrative Code! It turns out that the LAAC includes a local version of the California Public Records Act. This differs here and there from State law, and some of the differences are really interesting.
Let’s take a look at LAAC §12.21. This is the local version of CPRA §6254, which is the main list of exemptions. The infamous §6254(f) is the so-called investigative exemption, which basically allows the cops to refuse to release any records which can properly be described as “investigatory or security files.” And the local LA version, found at LAAC §12.21(f), is roughly the same albeit localized.
With at one exceedingly important exception! But before that, some background! The LAPD Public Disorder Intelligence Division was established by Chief Edward Davis in 1970, apparently as a reaction to the Watts Uprising in 1965. The PDID infiltrated hundreds of progressive political groups and also spied on electeds from the Mayor to the City Council. According to historian Max Felker-Kanter:
The PDID operated as an updated Red Squad gathering “practically all” information on “potential threats” and storing as much information as possible. It was, in other words, a comprehensive surveillance program that significantly expanded the department’s intelligence operations.
Continue reading In 1983 Public Opposition To The LAPD Political Espionage Unit — Public Disorder Intelligence Division — Was Strong Enough That The Police Commission Dissolved It — And Then-CD5 Repster Zev Yaroslavsky — One Of The Politicians Spied On By LAPD — Sponsored An Ordinance Which Excluded PDID Intelligence Files From The Much-Hated Investigative Exemption — Which Means All Of Them Must Be Released On Request! — Unless They’re Exempt For Other Reasons Than Investigative — But Even More Interesting — Maybe One Of The Most Interesting Things About The Los Angeles Administrative Code — Is That Yaroslavsky Specifically Precluded LAPD From Making A Burdensomeness Exemption Claim — Which Says That In 1983 LAPD Was Making Exactly The Same Kinds Of Bogus Exemption Claims They Love So Much Now — But Not About These Spy Records!!
Let’s have a recap! In August of 2018 Katherine McNenny and I filed a petition against psychopathic rageball George Yu, the supreme leader of the Chinatown BID, for his failure to respond at all to a whole series of requests for records under the California Public Records Act. Then in September the BID failed to file a response to the petition before the deadline and in November no one from the BID showed up at the trial setting conference.
And to this very day George Yu has done nothing at all to even acknowledge that there’s this case pending against his damn BID. Of course a legal system isn’t a viable proposition if people can just ignore it. Obviously at some point they can be made to participate. And according to the lawyers, step one towards this end is to serve a bunch of discovery on them! And that is just what they did this very day! Today’s kind of discovery comes in three flavors, and here they are:
- Requests for Admission — This kind of written discovery, as explained by the Wiki, is “a set of statements sent from one litigant to an adversary, for the purpose of having the adversary admit or deny the statements or allegations therein.” I find these super-entertaining, so there’s a transcription after the break.
- Special interrogatories — This is a list of questions that the BID has to answer, like e.g. “Please state ALL actions YOU took prior to August 15, 2018 to locate ALL of the RECORDS that Petitioners requested.”
- Requests for production of documents — Just like what it sounds like — Hand over the goodies, NOW!
Anyway, one hopes that this will get things moving over at the BID. George Yu can’t go on ignoring the situation forever, and there’s no such thing as a psychopathic rageball defense, at least not in a civil matter. The next step is a motion to compel, and after that, who freaking knows?! What we really want here is the records and to establish a viable workflow for future requests. If there’s a grownup in the room over in Chinatown, now would be the time to put them in charge. Turn the page for a transcription of (most of) the requests for admission.
Continue reading Psychopathic Rageball George Yu Of The Chinatown Business Improvement District Continues To Refuse To Participate In The Case Against Him — So We Slapped A Bunch Of Written Discovery On Him — Including A Set Of Requests For Admission — Which He’s Got To Answer Or Else Look Out George Yu! — Sample: “Admit that YOU have a pattern and practice of failing to lawfully respond to California Public Records Act” — Let’s See What You Make Of That, George Yu!