In January 2019 I started investigating Los Angeles charter schools using the California Public Records Act and immediately ran into the typical block-headed obstructionism so beloved of CPRA-subject public agencies. I got some pretty interesting material early on, when I was still focusing on how charters reacted to the UTLA strike. As I began to understand the issues better I started looking into co-locations in general and learned, e.g., a lot of important stuff about GANAS academy.
This material ultimately helped to some extent supporters of their co-location target, Catskill Elementary School, fight off their co-location attempt, which really started to show me the utility of the CPRA not just to scholars and journalists, but to anti-charter activists as well. But things really took off in June 2019 when I received a massive release of emails from Green Dot Charter Schools containing explosive correspondence with the California Charter Schools Association.
These documents revealed, among many, many other things, that LAUSD Superintendent Austin Beutner allowed CCSA lobbyists to vet and edit an advance copy of his first major policy speech. That board member Nick Melvoin asked CCSA lobbyists to write a board resolution for him that would facilitate charters expanding control over LAUSD facilities. That Melvoin shared confidential legal information with CCSA while they were actively suing the District.
That former Board member and now convicted felon Ref Rodriguez also allowed CCSA lobbyists to edit and vet at least one Board resolution. That CCSA intended to put all California students in charter schools by 2030. Revelations from this material were widely covered in the press, including the Los Angeles Times, and Capital and Main, and Diane Ravitch’s blog, and elsewhere. The ramifications of these revelations are still unfolding even now, more than six months later.
Continue reading PUC Charter Schools — Former Home Of Convicted Felon And Disgraced Former School Board Member Ref Rodriguez — Sued To Enforce Compliance With The California Public Records Act — They Refused To Respond At All And Now They Will Have To Pay — And Comply!
Last summer it was revealed that LAPD officers participated in various secretive vigilante anti-homeless Facebook groups. Stories ran in the press and LAPD Chief Michel Moore banned his officers from participating. At the time I was investigating the story through Public Records Act requests to various City departments, including all San Fernando Valley Council Districts.
Most of them complied, albeit reluctantly and with the usual idiotic foot-dragging obstructionism, but Council District 7, repped by Monica Rodriguez, actually just completely stopped communicating with me after some point. This is a typical tactic in the City of Los Angeles, and the only recourse provided by the law is to file a lawsuit seeking to compel compliance. So on Friday, January 17, 2020, assisted by fabulous and heroic attorneys Ian Stringham and Tasha Hill, that’s just what I did! Here’s a copy of the petition, and read on for transcribed excerpts!
Continue reading Los Angeles City Council District Seven — Repped By Councilmember Monica Rodriguez — Sued To Enforce Compliance With The California Public Records Act — Over Emails Concerning LAPD And Vigilante Anti-Homeless Facebook Groups In The San Fernando Valley — CD7 Ignored Requests For Months On End — Which Is Against The Damn Law!
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. 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. 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
This is just a short post to update you on the AIDS Healthcare Foundation‘s pending California Public Records Act petition against the City of Los Angeles. The petition was filed in September, and you can read about it some detail here. The short version is that the City put out a request for proposals for some housing stuff. AHF’s response was rejected. Subsequently AHF submitted a CPRA request asking for fifteen distinct categories of records related to the RFP process.
One part of the request was for the other responses to the RFP. The others had to do with communications regarding the RFP, names, resumes, and conflicts of interests of the people who scored the responses, and so on. And the City denied the request with a characteristically terse non-sequitur, stating that: “[it] is our policy not to disclose materials related to competing bids while the contracting process is still ongoing.”
The City of Los Angeles, you may recall, fights very, very few CPRA petitions filed against it. Between 2016 and early 2019 they settled nine out of at least ten cases. I myself have filed eight cases against the City since last year and they’ve settled three of them, agreed to settle three others, and two are just beginning. But they’re not settling this one, or at least they’re buying some time before they do settle.
And therefore on Monday, January 6, 2020, the City filed this answer to the petition. Answers in civil litigation can be notoriously devoid of content, and this one’s pretty much in line with that trend, what with the “to the extent that anything the petitioner said makes any sense respondent the City of Los Angeles denies it” and other such circumlocutions. But Bethelwel Wilson, the Deputy City Attorney who’s staffing the case, did include a couple fragments of substantial argument. In the first place, quoth Wilson:
Continue reading The AIDS Healthcare Foundation Filed A Public Records Suit Against The City Of Los Angeles In September 2019 – And Even Though The City Only Very Rarely Contests These CPRA Petitions They Are Contesting This One – Not Sure Why Though Given That AHF Asked For Fifteen Categories Of Records And The City’s Sole Defense Is Apparently That The California Supreme Court Said That Records In One Of Those Categories Are Exempt Under Certain Circumstances – Which Don’t Even Obviously Apply Here
It occurred to me that maybe you might want a link to the petition right away without having to read through this whole damn blog post to get to it at the end. If so, here is a link to the petition!
The Office of the City Attorney of Los Angeles has a thing called the Citywide Nuisance Abatement Program, or CNAP, in which they use various civil laws to have tenants or property owners declared nuisances and evicted, required to put up security cameras and allow LAPD warrantless access to them, or other such conditions.
Often allegations of gang activity are involved. So just for instance, there’s this case against the Chesapeake Apartments on Obama Blvd between La Brea and Crenshaw. Or this smaller scale one against a woman with a house near 52nd and Vermont. Or this against a small apartment building near 56th and Western.
Most famously this year the City Attorney has been relentlessly pursuing such an action against Slauson and Crenshaw Ventures LLC, owned by the late Nipsey Hussle and his partner David Gross. The allegations against Hussle and Gross’s property seemed unsupported by evidence, though, and this is apparently not unusual.
This program and others like it have long been understood as part of the gentrification machine, particularly pernicious in Los Angeles. That is, the City can drive out tenants in rent stabilized apartments, or force property owners to install cameras and give LAPD unfettered access to them, or impose various other conditions to serve their ends. This lets landlords raise rents or forces residents to become essentially LAPD informants.
Continue reading City Of Los Angeles Sued To Enforce Compliance With The California Public Records Act – I Asked The City Attorney For A Bunch Of Nuisance Abatement Demand Letters – Which Everybody Knows Are A Major Tool Of Gentrification – And Although The Lawsuits Filed By The City Are Public – It Is Impossible To Understand The Scope Of The Problem Without Seeing The Demand Letters – Since Surely Many If Not Most Of These Cases Don’t End Up In Court – But Deputy City Attorney Bethelwel Wilson Was All Like Naaaah! – So I Was All Like You’ve Been Served!
As you may know I have been making requests of charter schools under the California Public Records Act for about a year now. Some of them have been incredibly cooperative while others, well, you know how it goes, have been less so. And no doubt you’re aware by now that the only mechanism to compel compliance with the CPRA is to file a lawsuit. Which brings us to that shady criminal conspiracy known as The Accelerated Schools. I’ve written a lot about these folks and their cartoonishly wicked white supremacy but, you may have noted, none of it has been based on public records apart from this very first thing I did in April 2019.
So I sent them a few more requests after the one that post was based on and they made a few desultory stabs at answering me in compliance with the law and then stopped responding at all. But as you’re probably aware, the situation with this Klown Kar Krew has grown ever more urgent, more of public interest than ever before.
What, that is, with their retaliatory firing of long-time employee Hilda Guzman and subsequent unfair labor practices complaint by her union, with repeated community protests at their infernal board meetings, and the unexpected recent petulant rage quit by now thankfully former board chair Juli Quinn. We need to be able to understand what these folks are up to! Which is why their special variety of unhinged intransigence can’t go unanswered, not if we expect government of, by, and for the people to not perish from this earth.
And in pursuance of it not perishing, therefore, I filed a writ petition against these privatizing creepers a couple weeks ago. And for this reason and that reason it took a while to get it served, but it was served this morning, and at long last I can publish a copy of it. And there are transcribed selections below, so stay tuned for updates and, eventually, more of the spicy records-based mockery you’re here for!
Continue reading The Accelerated Schools Sued To Compel Compliance With The California Public Records Act – My First CPRA Petition Against A Charter School – But Not The Last – Not – By – Any – Means
Yesterday the Aids Healthcare Foundation held a press conference announcing a lawsuit against the City of Los Angeles for its alleged and exceedingly plausible arbitrary and capricious denial of an AHF homeless housing project. This is an important lawsuit with a a powerful and convincing petition in support of AHF’s laudable efforts to house the unhoused in Los Angeles. It’s been well-covered in the press.
Not quite as well-covered is the fact that in September 2019, as part of the lead-up to that lawsuit, AHF sent a request to HCIDLA for public records related to the bidding process in which their project was rejected. HCIDLA rejected it with a message stating that the Mayor’s Office had the records and that AHF should send it there. They did so, and a few days later Garcetti’s office sent them a denial stating “[it] is our policy not to disclose materials related to competing bids while the contracting process is still ongoing.”
Now, the CPRA is very clear on the fundamental fact that unless there is an explicit reason given in the law for withholding a record, that record must be released to anyone who asks for it. This is found at §6255(a), which says 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.”
Continue reading On September 20, 2019 The Aids Healthcare Foundation Filed A California Public Records Act Petition Against The City Of Los Angeles — Just Four Days After Receiving A Characteristically Inadequate Denial From The Office Of The Mayor — This Is A Necessary — And Laudable — And Entirely Appropriate Action — I Can Only Think Of Two Strategies For Encouraging The City To Consistently Comply With The CPRA — One Is For Us To Pass A Local Sunshine Ordinance — And Until That Happens We Have To Sue The Freaking Crap Out Of The City Immediately Every Time They Illegally Withhold Records — Like Freud Said — If They Don’t Pay They Won’t Get Better — So Yay AHF!
Maybe you remember that in June of this year I was forced by the unhinged intransigence of various CD11 staffers with respect to compliance with the public records act, with the able assistance of the incomparable Anna von Herrmann, to file suit against the City of Los Angeles. The issue was over emails mostly involving planters illegally placed on the public sidewalks of Venice by the usual Klown Kar Krew of psychopathic housedwellers, aided and abetted in their absolute flouting of the law by various CD11 staff members.
And unlike e.g. the Venice Beach BID, at least the City of Los Angeles knows when they’re beat and they started handing over records immediately. And although I still have some issues with the City’s compliance, especially over the formats in which they choose to produce emails, this wasn’t the time to fight those battles, and they do at least know when they’re beat.
A lot of the material they produced in response to this suit was quite important. Not least e.g. was this story about how former and not-really-well-missed Bonin staffie Taylor Bazley not only abetted angry housedwellers in another crazed anti-homeless hostile landscaping project but even discouraged them from planting trees because, spake Bazley, homeless people like shade.
And just recently the settlement agreement was finalized, and you can get your copy here. As is the way with such material it’s really not that interesting. But there is one really interesting bit and that is that the City of Los Angeles agreed to pay von Herrmann $12,665 for her labors.
Continue reading My Public Records Act Lawsuit Against The City Of Los Angeles — CD11 In Particular — Is Settled — The City Handed Over The Records And Will Pay My Attorney $12K For Her Trouble — Gotta Wonder Why They Think This Is Better Than Just Complying With The Law
Well, in case you missed it, in February 2017 I sent a request to the Venice Beach BID for various public records, and they ignored me and ignored me and ignored me, and finally I hired a lawyer, the incomparable Abenicio Cisneros, and in April 2018 he filed a suit against them seeking to enforce compliance with the damn law.
And now, finally, the case is done with the signing of this settlement agreement. Notably, the BID handed over the records and paid Cisneros $21,435 for his work on the case. This payoff is one hundred percent wasted money that the BID could have saved had they only complied with the law in the first place. But they did not. And I have another request in to them, so we’ll see if they learned their lesson. Meanwhile, behold a partial transcription of the agreement:
Continue reading My Public Records Act Suit Against The Venice Beach BID Is Finally Over — They Handed Over The Records And Paid My Lawyer $21,000 — A Purely Avoidable Waste Of Money — But What Do They Care? — Not Their Damn Money
Maybe you recall that about two weeks ago I was forced by the weirdly intransigent refusal of CD14 rep Jose Huizar’s staff to comply with even the most minimal requirements of the California Public Records Act into filing a petition in Los Angeles County Superior Court pleading with a judge to hang these blockheads by their toes in Grand Park until they freaking handed over the goods.
And because egregious, shameless, absolutely appalling noncompliance is a pattern and practice of these jokers over at CD14 well, today I was forced for the same reasons but a different request, to file yet another writ petition. You can get a copy here, written by the dogged and able Doug Ecks, who’s also handling my previous petition against Huizar’s office and who successfully handled a similar matter against Gil Cedillo earlier this summer.
Here I was seeking about three years of emails between Richelle Huizar and CD14 staff including Jose Huizar. Richelle Huizar was long seen as Jose Huizar’s anointed heir to the CD14 dynasty, but in the wake of his fairly super-sized legal problems she made the probably wise decision to withdraw from the race. And she wasn’t likely to be mere bycatch, either. Her position as a fundraiser for JH’s former high school was at the very center of the scandal.
So given her years-long embroilment in the ongoings at City Hall, and given the fact that everyone does everything by email these days, I thought it would be illuminating to take a look at these records. But alas, it was not to be. Jose Huizar staffer Isaiah Calvin eventually handed over a pathetic 51 pages of material, insanely redacted, obviously exceedingly, ludicrously incomplete.
Continue reading This Is Not An Instant Replay! — In Fact It Is For Real A Whole New Lawsuit Against The City Of Los Angeles For Failure To Comply With The Public Records Act — And This One’s Against CD14 Just Like The One From Two Weeks Ago — Looking For Emails Between Richelle Huizar And City Staff — More Isaiah Calvin Nonsense — Claims It Is Clearly In The Public Interest To Withhold Her Emails — Maybe A Certain Segment Of The Public I Could Believe — That Segment Consisting Only Of Richelle And Jose Huizar — But The Rest Of Us Need To Read These Damn Emails! — And — You Know — I Am Betting That We Will!