Tag Archives: Fashion District BID

Even Though Gavin Newsom — At The Behest Of A Bunch Of Bad BIDdies With Dark And Bloody Secrets To Keep — Vetoed Todd Gloria’s Essential Email Retention Bill — The Question Of Whether Existing Law Already Requires Local Agencies To Retain Emails For Two Years Is Potentially Up Before The California Supreme Court — The Electronic Frontier Foundation And A Host Of Other Government Transparency Advocates Urge The Court To Accept The Case And Find That The Law Does In Fact Prohibit These Book Burners From Destroying Public Records — Here’s A Copy Of The Amicus Letter — And A Little Assorted Ranting Of My Own On This Essential Topic

As you may know, email retention policies among public agencies in California are a mess, with agencies claiming, however implausibly, that they automatically delete emails very rapidly, sometimes even immediately on receipt. This would seem to run afoul of the law at Government Code §34090, which states pretty clearly that cities are not to delete public records less than two years old. And the California Public Records Act at §6252(g) explicitly defines the phrase “public records” to include emails.

But cities and other local agencies such as business improvement districts along with their legal minions have cooked up amongst themselves a theory that emails aren’t covered by §34090 unless they make some kind of specific effort to retain them, like for instance printing them out and putting them in a drawer. This is the kind of theory, very popular among CPRA-subject agencies, that no one actually believes is valid. It’s only meant to hold up in court long enough for the agency to avoid sanctions for flouting the law.

And this year Assemblymember Todd Gloria tried to strangle this nonsense in its metaphorical crib with his AB-1184, which would have clarified that agencies are required to retain emails for two years just like every other kind of record. But agencies lobbied hard against this bill, pushing the narrative that retaining emails for two years would cost too much money. The bill passed the legislature anyway, but our feckless governor vetoed it and essentially let the agencies write his idiotic veto message.

That such a law is essential is not only obvious in theory, but the incredibly dishonest behavior of various local agencies shows how important it is in our very specific practical context.1 So for instance, here behold the entire Board of Directors of the entire Fashion District BID swearing under oath no less that they delete all BID-related emails on receipt and that’s why they don’t ever produce them in response to CPRA requests. And the judge believed them, although he admitted that the whole story was implausible. But no evidence controverted it.
Continue reading Even Though Gavin Newsom — At The Behest Of A Bunch Of Bad BIDdies With Dark And Bloody Secrets To Keep — Vetoed Todd Gloria’s Essential Email Retention Bill — The Question Of Whether Existing Law Already Requires Local Agencies To Retain Emails For Two Years Is Potentially Up Before The California Supreme Court — The Electronic Frontier Foundation And A Host Of Other Government Transparency Advocates Urge The Court To Accept The Case And Find That The Law Does In Fact Prohibit These Book Burners From Destroying Public Records — Here’s A Copy Of The Amicus Letter — And A Little Assorted Ranting Of My Own On This Essential Topic

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Court Summarily Denies Fashion District’s Idiotic Petition Appealing The Fact That They Lost My Damn Public Records Suit Against Them — It’s True That The City Of Los Angeles Unconditionally Bows Down Before These BIDdies But The Rest Of The World Clearly Isn’t So Impressed With Their Nonsense — There’s A Lesson In That For Them But Evidently They Aren’t Learning It

This is just the quickest of quick little posts with no purpose beyond reminding you that (a) I am suing the Fashion District BID over public records and (b) they lost the damn suit in July 2019 and (c) they had an embarrassingly toys-from-pram moment and filed a stupidly intemperate appeal less than two weeks ago. Well, today, this very day, September 30, their appeal was summarily denied by the court in a terse two sentence order which could be translated from the legalese as something like “stop wasting our damn time and get out of my office you civically illiterate six-fingered morons.”

So that’s another fifty grand or so in public tax money, burned at the altar of their narcissistic self-regard by Rena Leddy, Mark Chatoff, and the rest of the Fashionista BIDdies.1 If only their lawyer, the weirdly angry Carol L. Humiston, would advise them in their own best interest to stop fooling about wasting other people’s money and hand over the damn records, which they’re ultimately going to be forced to do anyway, well, the world would be better off, but then I guess we wouldn’t have all these interesting blog posts! Stay tuned for round infinity, friends, cause you know it’s on the agenda!
Continue reading Court Summarily Denies Fashion District’s Idiotic Petition Appealing The Fact That They Lost My Damn Public Records Suit Against Them — It’s True That The City Of Los Angeles Unconditionally Bows Down Before These BIDdies But The Rest Of The World Clearly Isn’t So Impressed With Their Nonsense — There’s A Lesson In That For Them But Evidently They Aren’t Learning It

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Fashion District BID Refuses To Accept The Fact That Judge Mitchell Beckloff Ruled Against Them In My Current Public Records Suit — So On Monday They Appealed The Ruling — Here’s A Copy Of Their Appeal Brief — But No Commentary Because At This Point The Details Are Beyond Me

This is just the briefest of brief little notes to announce that the Fashion District BID, which I was forced to sue because of their surreally intransigent refusal to comply with the damn law, and which got ruled against in July by Judge Mitchell Beckloff, is doubling down on their nonsense by appealing Beckloff’s decision! Here’s a copy of their brief and, as evidently even Bradley & Gmelich can see that unhinged BID attorney Carol Humiston is not to be trusted, they’ve brought in a ringer, Dawn Cushman, to write the damn thing.

At this point the issues are chasing one another’s tails in some high-altitude lawyerly empyrean hypersphere where normal folks like me can’t even breathe, let alone provide color commentary. I can’t even transcribe selections because who knows what to select?! Although even despite my ignorance I’m perfectly able to mock Cushman’s turgid and repetitive prose!1 So here’s a link to the brief they filed, and I’ll let you know if anything comprehensible happens!
Continue reading Fashion District BID Refuses To Accept The Fact That Judge Mitchell Beckloff Ruled Against Them In My Current Public Records Suit — So On Monday They Appealed The Ruling — Here’s A Copy Of Their Appeal Brief — But No Commentary Because At This Point The Details Are Beyond Me

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Fashion District BID CPRA Lawsuit News! — Judge Mitchell Beckloff Files Order Denying My Petition In Part And Granting In Part — Invalidates Some Of BID’s Exemption Claims — Which Is A Win — Also Orders New Search In Response To One Of My Requests — Denies Some Other Stuff — Including My Request For Declaratory Relief — Does Not Rule On The Question Of Whether BID Board Members Using Private Email Accounts Are Subject To The CPRA

After a bunch of incredibly vigorous argument at the hearing last month, for which Judge Mitchell Beckloff did not prepare a written tentative ruling, he has issued his final ruling. Get a copy of it here, and other pleadings in the case here. Read on for transcribed selections, which I am not commenting on at all until every part of the case is resolved, because I’m not really competent to do so, but I wanted to publish this because it’s important, at least to me.
Continue reading Fashion District BID CPRA Lawsuit News! — Judge Mitchell Beckloff Files Order Denying My Petition In Part And Granting In Part — Invalidates Some Of BID’s Exemption Claims — Which Is A Win — Also Orders New Search In Response To One Of My Requests — Denies Some Other Stuff — Including My Request For Declaratory Relief — Does Not Rule On The Question Of Whether BID Board Members Using Private Email Accounts Are Subject To The CPRA

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My California Public Records Act Lawsuit Against The Fashion District BID Is Now Fully Briefed In Anticipation Of The Trial — Which Will Take Place On Wednesday June 26, 2019 At 9:30 AM At The Stanley Mosk Courthouse Department 86 — Get Copies Of Everything Here — And Maybe I’ll See You There!

Recall that last August I was forced by the unhinged intransigence of the Fashion District BID to file a petition asking a judge to force them to comply with the California Public Records Act. Things are moving towards the end, and the trial will take place on Wednesday, June 26, 2019 at 9:30 AM at the Stanley Mosk Courthouse in Department 86 before Judge Mitchell Beckloff. It looks to be a barn burner, friends, because these BIDdies are really, really angry.

And the way these trials work is that sixty days before trial my lawyer, the incomparable Abenicio Cisneros, files a so-called opening brief, which lays out the case, only outlined in the initial petition, in full detail with all the evidence, argument, and citations to relevant cases. Then thirty days before the opposition files their reply brief, in full detail with all the obstructionist bullshit for which they’re famous. Finally, fifteen days before, we file a reply to the reply and that’s that.

All that briefing is done now, and below find links to everything. There’s a lot of it, and I’m not going to comment on any of it to avoid jinxes, but I will note that the Fashion District’s reply, written by one or both of Bradley & Gmelich galaxy-brains Barry Bradley and Carol Humiston, is an extraordinarily careless piece of work. They consistently misspell the names of cases they’re citing and in one especially egregious case they not only get the name of the case completely wrong, but they get the year wrong too.1

This would be inconsequential if the case weren’t central to everyone’s arguments in this trial and if it weren’t a key component of their argument that the case was decided after I made the requests at issue here. In fact the case was decided before the requests. It’s really unbelievable that seasoned putative professionals made this kind of error, but it seems that they did. Anyway, I hope to see you at the trial, and I’ll be happy to buy you lunch when it’s over if you want to hang out!
Continue reading My California Public Records Act Lawsuit Against The Fashion District BID Is Now Fully Briefed In Anticipation Of The Trial — Which Will Take Place On Wednesday June 26, 2019 At 9:30 AM At The Stanley Mosk Courthouse Department 86 — Get Copies Of Everything Here — And Maybe I’ll See You There!

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Exceedingly Strong Trial Brief Filed In My CPRA Suit Against The Fashion District BID — The BID’s Reply Is Due In 30 Days — Trial Set For June 26, 2019 At 9:30 AM — Department 86 — Stanley Mosk Courthouse

It’s been a while since I wrote about the lawsuit that I was forced to file in August 2018 by the unhinged intransigence of the Fashion District BID, pursued by them in line with the unhinged intransigence of their soon-to-be-disbarred attorney, the world’s angriest CPRA lawyer, Ms. Carol Ann Humiston, in order to enforce my rights to read their damn emails. But time rolls on and the trial, scheduled for June 26, 2019 at 9:30 a.m. in Department 86 of the Stanley Mosk Courthouse, is rapidly approaching.

Thus did my attorneys, Abenicio Cisneros and Karl Olson, file the trial brief with the court on Friday. The arguments are overwhelmingly powerful, and you can read substantial excerpts after the break. If I were the Fashion District after reading this I’d be ready to settle up and settle up quick. But they’re clearly on some kind of a mission with an axe to grind and a point to prove and I certainly don’t expect them to start acting sensible at this point. After all, it’s not their own money they’re squandering on Ms. Humiston’s exorbitant fees.1

As I said, you can read the specifics in the excerpts below, but there are two main general issues at stake. First is the fact that the BID relies heavily on the so-called catch-all exemption to the CPRA, found at section 6255(a), which allows agencies to withhold records when they can show “that on the facts of the particular case the public interest served by not disclosing the record clearly outweighs the public interest served by disclosure of the record.” The key thing here is that they have to make a showing of public interest in withholding the record.

This is hard enough to do in general, and the BID hasn’t even made an attempt, but our argument is that in the City of Los Angeles such a showing is even more difficult to pull off because (a) the BID is deeply involved in attempts to influence municipal legislation and (b) the Municipal Lobbying Ordinance at LAMC §48.01 establishes an extraordinarily high public interest in disclosure of information about attempts to influence:

The citizens of the City of Los Angeles have a right to know the identity of interests which attempt to influence decisions of City government, as well as the means employed by those interests.

Complete public disclosure of the full range of activities by and financing of lobbyists and those who employ their services is essential to the maintenance of citizen confidence in the integrity of local government.

The argument is essentially that the BID can’t even show that there’s any significant public interest in withholding the records they withheld, but given that the subject of these records concerns the means they employ to attempt to influence municipal decisions, they really especially can’t meet this extra-high local bar.

The other main argument is against some nonsense that the BID just made up in their reply to my petition. Many of the emails they refused to turn over are in the possession of their board members Linda Becker and Mark Chatoff. They wouldn’t even search for these because it’s Carol Humiston’s opinion that board members aren’t subject to the CPRA.

You can read the technical details below, but basically our argument is that the law that makes BIDs subject to the CPRA, which is Streets and Highways Code §36612, explicitly makes the owners’ associations subject. It makes no sense as a matter of law and as of a matter of common sense that a corporation could be subject to the CPRA while its board members were not subject. A corporation only does anything through the actions of the people who run it. And that’s the quick and dirty summary. As I keep saying, read on for the excerpts!
Continue reading Exceedingly Strong Trial Brief Filed In My CPRA Suit Against The Fashion District BID — The BID’s Reply Is Due In 30 Days — Trial Set For June 26, 2019 At 9:30 AM — Department 86 — Stanley Mosk Courthouse

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“They’re Saying It’s A Constitutional Right To Have Stuff” — More Performative Insanity From Batty Little Fusspot Blair Besten — The Finest Legal Mind Of Her Generation — As She Explains The Mitchell Injunction To You — From The Point Of View Of A Whiny Entitled Privileged Stupid Person — A Constituency That Doesn’t Get Nearly Enough Attention In Los Angeles — That’s Sarcasm — They’re In Charge Of The Damn Asylum — And Listen To Her Run Her Poormouth About How Her Putatively Underfunded BID Makes Do With Low Budgets By Being More Efficient Than The Fashion District — Which Spends Proportionately Half Of What Besten Spends On Administration — Lie Or Incompetence? — The Perennial Besten Question

It’s been a long while since we here at the blog have heard from Blair Besten, the half-pint Norma Desmond of the Historic Core.1 Well, it’s because, like with El Duckworth, she is so convinced that she is above the law that I haven’t gotten any substantial records out of her infernal BID in ever so long, and without records I will not, I can not, mock.

And of course, as you know, I’m in the process of suing her and her damnable BID to enforce compliance with the Public Records Act. And she’s going to lose, because losing is what she does best. So at some point the records will be rolling in again and the full-time mockery will resume. Until then, though, well, I have always relied on the kindness of strangers, and they are strangely kind to me.

In particular, just recently, unsolicited, was handed to me2 an audio track of an unscheduled appearance made by Ms. Besten at some bullshit meeting conducted at some bullshit Downtown residential bullshit location, having something to do with some bullshit or other. So I made it into a video3 and you can listen here on YouTube and here on Archive.Org, where you can also download it more easily. And of course there’s also a complete transcription after the break!

And best of all, this unexpected bit of Besteniana means that it’s gonna be like the good old days around here what with all the mere mockery unloosed upon the world! Gonna mock around the clock tonight! Turn the page, I’m gonna lay it on you in increments, but before then let’s just spoil the ending and take a look at the single most incomprehensibly lobotomized proclamation proclaimed by Ms. Blair Besten in a long unbroken chain of incomprehensibly lobotomized proclamity!

What, you may ask, does Ms. Blair Besten think that the plaintiffs in the lawsuit Mitchell v. Los Angeles are so freaking wrong about? Why “they’re saying that it’s a constitutional right to have stuff in Skid Row.” If you stop and think about it, Ms. Besten, that’s kind of like, almost, what the Fourteenth Amendment to the constitution is saying with all that jive about “nor shall any State deprive any person of life, liberty, or property, without due process of law.”

See the part about property? That’s what grownups call “stuff.” And I don’t see anything about it not being true in Skid Row. In fact, all kinds of people have “stuff” in Skid Row. Like e.g. all those property owners in the Downtown Industrial District BID. Gonna tell them they can’t have stuff there?

And the amendment goes on to say that states may not “deny to any person within its jurisdiction the equal protection of the laws.” They seem to have left out the not in Skid Row bit there too. So on Blair Besten’s testimony it’s hard to see why she’s so upset at the prospect of the City settling Mitchell. But she is very upset. Can see how it might get confusing to folks like Besten. And listen, lest you think I’m being pointlessly mean to Blair Besten, please keep in mind that this is not just some kook spouting her theories to the waves on Venice Beach.

She is the head of a major Downtown Business Improvement District, hand-picked by Jose Huizar over the objections of its board of directors to administer its outrageously high $2.2 million budget. She is widely considered by City officials to be some kind of expert on homelessness, to the point where they appointed her to the damn HHH citizens’ oversight committee over the objections of a lot of sane and accomplished people. She’s not just a kook, although she is a kook. She’s a dangerous kook with a lot of power. So yeah, I’m being mean to Blair Besten, but not pointlessly mean. Anyway, read on, friends!
Continue reading “They’re Saying It’s A Constitutional Right To Have Stuff” — More Performative Insanity From Batty Little Fusspot Blair Besten — The Finest Legal Mind Of Her Generation — As She Explains The Mitchell Injunction To You — From The Point Of View Of A Whiny Entitled Privileged Stupid Person — A Constituency That Doesn’t Get Nearly Enough Attention In Los Angeles — That’s Sarcasm — They’re In Charge Of The Damn Asylum — And Listen To Her Run Her Poormouth About How Her Putatively Underfunded BID Makes Do With Low Budgets By Being More Efficient Than The Fashion District — Which Spends Proportionately Half Of What Besten Spends On Administration — Lie Or Incompetence? — The Perennial Besten Question

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Fashion District BID Lawsuit — Motion Filed To Compel BID To Explain Just What The Heck They Were Talking About When They Claimed All Those Exemptions — Carol Humiston Says “No Way — You Can’t Make Us Tell You” — Hearing Scheduled For November 16 At 9:30 AM

In August I had to file suit against the Fashion District BID to compel them to comply with the California Public Records Act. One of the main issues in the suit is a bunch of various really implausible exemption claims by FDBID executive director Rena Leddy. Now, it’s well understood that the burden of proving that an exemption claim allows a record to be withheld lies entirely on the withholding agency. The CPRA says explicitly at §6255(a) that:

The agency shall justify withholding any record by demonstrating that the record in question is exempt under express provisions of this chapter or that on the facts of the particular case the public interest served by not disclosing the record clearly outweighs the public interest served by disclosure of the record.

At the time that Leddy denied my requests I asked her to justify her decisions to withhold but she refused to do so even though the law clearly requires it.1 But it sure is hard to dispute the BID’s exemption claims if no one knows what the heck they’re basing them on and they won’t explain. My lawyer asked Carol Humiston, the world’s angriest CPRA lawyer, if she’d mind listing all the withheld records and explaining why the BID withheld them.2 You can read his email here.

But Humiston, who’s not only the angriest but also pretty much tied for first place as the most obstructionist,3 wasn’t having it. Here’s what she had to say for herself in this email here:

I have considered your request for a “Vaughn Index,” which of course in
[sic] a Federal procedure, and I do not believe it is either necessary or appropriate at this time. I know of nothing that requires the BID to produce such an index. Once you have filed your brief in support of the Writ, the Court and I will have a better understanding of the issues you are raising and the appropriate course to take.

So we filed a motion asking the judge to compel the BID to produce a list of all withheld emails. This motion will be heard on November 16, 2018 at the trial setting conference at the Stanley Mosk Courthouse in Department 86 before the Honorable Amy Hogue. There’s a transcription of the motion after the break.
Continue reading Fashion District BID Lawsuit — Motion Filed To Compel BID To Explain Just What The Heck They Were Talking About When They Claimed All Those Exemptions — Carol Humiston Says “No Way — You Can’t Make Us Tell You” — Hearing Scheduled For November 16 At 9:30 AM

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Fashion District BID Files Timely Response To My Writ Petition — Denies Everything — World’s Angriest CPRA Lawyer Carol Humiston Handling Matters For Them — Trial Setting Conference On November 16, 2018 At 9:30 AM In Department 86 — Stanley Mosk Courthouse

So you’ll remember possibly that in August I was forced by their unhinged intransigence to file a writ petition against the Fashion Freaking District BID asking a judge to boss them about until they began to comply with their statutorily mandated duties under the California Public Records Act. Well, it seems they’re not going to go quietly into that good night, so they went out and hired themselves the world’s angriest CPRA lawyer, which is to say Carol Freaking Humiston of Bradley & Freaking Gmelich, and she went and filed a timely response to my petition.

And you can read the damn thing by clicking here if you want to. But I have to say, as much as I enjoy reading legal pleadings of all varieties and subject matters, these replies leave me cold. Take a look and you’ll see. They deny everything, but they don’t even say what they’re denying. It’s all like “As to the allegations in paragraph 17, we deny the first three, state that the fourth and the ninth require no response insofar as they assert legal conclusions, and the fifth through the seventh, even if true, do not allege a violation. Insofar as we fail to deny, thus far do we admit.”
Continue reading Fashion District BID Files Timely Response To My Writ Petition — Denies Everything — World’s Angriest CPRA Lawyer Carol Humiston Handling Matters For Them — Trial Setting Conference On November 16, 2018 At 9:30 AM In Department 86 — Stanley Mosk Courthouse

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Summer Of 2017 — Pacific Palisades BID Decides To Try To Collect Full Assessments From LAUSD — Which Does Not Pay Them To Any BID In Los Angeles — BID President Elliot Zorensky — His Burgeoning Paranoia In Full And Ample Abundance — Tells Laurie Sale That Miranda Paster Is Fighting Against The BID — And Also Goes Behind Laurie Sale’s Back To Negotiate With The City — Making Her Look Even More Foolish Than Even She Could Reasonably Pull Off Under Her Own Power

It’s well known to local BIDdologists that the Los Angeles Unified School District doesn’t keep pace with its companions amongst City entities, no doubt because it hears the beat of a distinctly different drummer.1 For instance we’ve seen recently how the LAUSD even voted against renewing a bunch of BIDs! Not only is it impossible to imagine the City of Los Angeles doing such a thing2 but it’s actually illegal for the City Clerk to vote against BIDs unless the City Council specifically authorizes it, and how is that ever going to happen?

And somewhat famously, the LAUSD evidently voids all its BID petitions by inserting some kind of unauthorized limiting clause. However, these symptoms of the LAUSD’s idiosyncratic attitude towards BIDs are minor quirks compared to the radical agenda set forth in this 2003 memo on LAUSD BID policy.

There’s a lot going on in that memo, but the first thing to look at is the fee schedule on the last page. The short version is that the LAUSD has unilaterally decided that it will not pay the entire amount of its BID assessments. Instead, they pay between 15% and 50% depending on a number of factors regardless of what the BID has decided to bill them.

And evidently BIDs around Los Angeles have just learned to slurp down that bitter draught, because what else exactly are they going to do about it? They have no power to make the LAUSD pay so they have to be content with what they can get rather than what they should get. That is, evidently most BIDs have so learned. The ones run by the marginally competent, the marginally sane, the marginally realistic, and so on. In short, the ones not run by Elliot Zorensky and Laurie Sale of the marginally famous Pacific Palisades BID.

And here is where today’s story begins! It seems that last summer this pair of super-geniuses, almost certainly at the behest of Elliot Zorensky, the superest super-genius of them all, decided that they were going to get that damnable LAUSD to pay the damn money that they damn well owed to the damn BID! Never mind that this was a path every other BID in this City of Angels feared to tread, Elliot Freaking Zorensky was going to rush in! Turn the page for the play by play!
Continue reading Summer Of 2017 — Pacific Palisades BID Decides To Try To Collect Full Assessments From LAUSD — Which Does Not Pay Them To Any BID In Los Angeles — BID President Elliot Zorensky — His Burgeoning Paranoia In Full And Ample Abundance — Tells Laurie Sale That Miranda Paster Is Fighting Against The BID — And Also Goes Behind Laurie Sale’s Back To Negotiate With The City — Making Her Look Even More Foolish Than Even She Could Reasonably Pull Off Under Her Own Power

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