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June 21, 2014
Federal Appeals Court Strikes Down 31-yr-old L.A.
Law That Bars People From Living In Their Vehicles
This is a game-changer, folks! SAN FRANCISCO — A federal appeals court on Thursday (June 19, 2014) struck down a 31-year-old Los Angeles law that bars people from living in parked vehicles, saying the vaguely written statute discriminates against homeless and poor people.
The ruling by a three-judge panel of the 9th U.S. Circuit Court of Appeals involved a 1983 law that prohibits the use of a vehicle “as living quarters either overnight, day-by-day, or otherwise.”
The court said the law was unconstitutional because its ambiguous wording does not make clear what behavior would constitute a violation and “criminalizes innocent behavior.”
The decision came in a case brought on behalf of four people who were cited and arrested in the Venice area by police officers who concluded the numerous belongings in their RVs and cars meant they were violating the law.
“Is it impermissible to eat food in a vehicle? Is it illegal to keep a sleeping bag? Canned food? Books? What about speaking on a cellphone? Or staying in the car to get out of the rain?” Judge Harry Pregerson wrote for the panel. “These are all actions plaintiffs were taking when arrested for violation of the ordinance, all of which are otherwise perfectly legal.”
The panel’s ruling overturned a lower court judge who had sided with the city.
“The city of Los Angeles has many options at its disposal to alleviate the plight and suffering of its homeless citizens,” Pregerson wrote. “Selectively preventing the homeless and the poor from using their vehicles for activities many other citizens also conduct in their cars should not be one of those options.” http://www.sgvtribune.com/general-news/20140619/federal-appeals-court-overturns-los-angeles-law-that-bars-people-from-living-in-cars
December 7, 2013
Court panel appears skeptical of L.A. ban on homeless living in cars
By Gale Holland December 5, 2013, 5:35 p.m.
A federal appeals court on Thursday appeared to be leaning toward striking down a Los Angeles city ban on homeless people living in their cars or recreational vehicles on public streets and in parking lots.
“It’s very hard to figure out what you’re talking about,” Judge Marsha Berzon told the lawyer for the city.
The city’s ordinance dates back to 1983, but came under fire in 2010 when a special Los Angeles police task force, responding to neighborhood complaints, began aggressive enforcement in Venice.
A group of homeless car dwellers filed suit in 2011 challenging the law. U.S. District Judge R. Gary Klausner dismissed the suit, and the plaintiffs appealed.
Unlike other cities, which bar sleeping in vehicles or overnight parking, Los Angeles prohibits using cars as “living quarters” both overnight and “day-by-day, or otherwise.”
Deputy City Atty. Blithe Bock told the court that police determined a vehicle was lived in by the “totality of circumstances,” including whether it appeared to be operating.
Drivers were ticketed if police found things in their car such as bottles of urine, clothing and open food that suggested it was a “living quarters,” she said.
“You’re using your car as a living space, you’re using your car as a toilet, you’re using your car as a kitchen,” Bock said.
Sobel said there were no clear standards for what property or items you could keep, or for how long you could rest in your vehicle.
“So you can’t just sit in your car and nod off?” Judge Harry Pregerson asked Bock.”He was wrapped in a blanket,” Bock responded, referring to one of the plaintiffs.
“What’s wrong with that?” Pregerson said.
Judges also questioned the rationale for the stepped-up enforcement. Bock said it came in response to a spike in crime by young transients and complaints of trash being dumped on neighbors’ property.
“People were coming home and finding refuse on their front lawn,” Bock said.
Sobel suggested that gentrification and tension between new and old residents were the real drivers of the heightened enforcement, and Pregerson seemed to agree.”Tell me if I’m wrong,” Pregerson told Bock. “You had a task force of police officers who were told their job was to clean up the Venice area of all these homeless people because people in the neighborhood didn’t like it.”
Pregerson also suggested there are better ways to handle homeless people than rousting them from their cars.
“Long Beach treats people differently,” he said. “If they find a family, they take the kids and get them in a facility and make sure they’re enrolled in school…. The next thing they do is try to find housing for them…. Why can’t the city of Los Angeles do that?”
“The situation is heartbreaking,” Bock answered. “But it is a question for legislators.”
“That’s a cop-out,” Pregerson shot back.
After the hearing, Bock said police referred car dwellers to shelters and other services that could help them get off the streets.
“Homelessness is a horrible problem, we’re all aware of that,” she said. “But we have a whole city to take care of.”
A police spokeswoman said the department is continuing to enforce the vehicle habitation ban. Outside court, some of the homeless plaintiffs and their supporters accused the city of trying to drive them out of town.
“They’re intimidating people, driving up and making a lot of noise,” said plaintiff Steve Jacobs, who lives in his SUV in Venice. “There are fewer and fewer RVs there all the time.”
The court is likely to rule on the case in the next few months.
June 2, 2011
Police choose new targets
My name is Jonothan Shiloka Pearson. I am a certified farmer in the Pasadena Farmer’s Market and I sell essential oils distilled from my farm. When I am not at home or at the farmer’s market, I go to festivals in my bio-disel bus that I converted to a motor home. Like many Americans, I choose to enjoy my life to its fullest and travel whenever I can.
Topanga Days Festival was happening and after attending the first day, the next morning, I headed into my favorite town: Venice Beach to shop for supplies and pick up some friends. I was to return to Topanga Days for Sunday afternoon Concerts. After finishing shopping I feed my dogs and checked my emails on my computer.
Five minutes later I was surrounded by some kind of S.W.A.T. Team that demanded I come out and talk to them. I grabbed my ID and stepped out to talk to the officers. Yoshioka (#36027), Murray(35945) and Barron (#36530) who surrounded me in military fashion.
Officer Barron said, “I gave you a citation before and I warned you not to come around here.”
I replied: I was pulled over by you about three or four months ago (and he hasn’t seen me since). You followed me for two miles and you gave me a fix it ticket to put my license plate in another spot and I fixed it. I didn’t get any citation.
He appeared angry and insisted “you know you cannot come to Venice in a motorhome. If you have a bed or cooking inside it’s illegal to park in Venice.”
“That’s not true,” I said. “ I like hundreds of thousands of other Americans can travel all over America while I’m not home or while on vacation and sleep and cook-anywhere in America. But when I am in Venice, I don’t need to sleep in my motor home. I have two friends close by that I can sleep over anytime I am in town.
The officers seemed perturbed that I was answering their questions with facts and was talking to them like human beings in intelligent conversation. I asked them at least three times “What do you want me to do? Do you want me to leave? They ignored my question and turned to each other and said , “He’s not getting it.” I said, “Officer, I am a normal guy doing farmer’s markets. I am not doing anything illegal. I am just enjoying my life visiting friends and doing shopping. I haven’t done anything wrong.
Again the officers looked at each other rolling their eyes-and one said “He’s just not getting it. We’re going to have to arrest him.” No. I said. That’s not necessary. If you want me to leave, I will leave. Again one Officer repeats “He’s not getting it.”
They immediately told me I was under arrest. “Turn around and put your hands behind your back.” “That’s not necessary,” I said. I will leave if you want.” They pushed me against my bus and slipped the cuffs on me as if I was a criminal (I have NO criminal record).
They stuffed me into the back of the police car. The officers smiled and told me they would tow my Bio-Diesel Bus and call animal control to take my dogs. “No!”, I pleaded. “Don’t tow my motorhome!. It is not illegally parked.” “You’re bus is getting towed! There is nothing you can do about it! Said Officer Barron. “We’re calling animal control to take your dogs.”
“Let me move the bus. This is a wrongful arrest. I did nothing wrong!”. They ignored me. Let me call my friend to pick up my dogs. “What’s his phone number?”, Barron asked. “I need my I-phone from inside to get his number.” “That’s not going to happen.” he said. Finally I told them to check my wallet. It has my Press Credentials inside. I was doing a story on Venice Beach. They seemed confused about this and ignored me. In desperation I said, “This arrest is unfounded and illegal. I was not sleeping and did nothing wrong. Please call the Sheriff immediately.” “Why? This is our turf, not the Sheriff-
“What you are doing is illegal,, I said, let me go please or I demand you call the Sheriff please. What you are doing is illegal.” They laughed at me and closed the door. I was sitting in handcuffs for close to two hours. They said I would be able to bail myself out in a couple hours-but said the computer was down so they couldn’t process fingerprints.
They kept me in a cell with about ten others. Some were drunks, some were artists, one person who got arrested for smoking a cigarette in a public place and one man was arrested for not having a dog tag for his dog! Then there was Me: A Farmer, Journalist..
They kept me in there until passed 4 am.
When I got out I filed complaints against the officers involved and I have record of that.
It cost me over $700 to get my bio-diesel bus back which they towed to the valley (38 miles away from Venice).
I have a special family of working hunting dogs called Lakota Mastino in my family for 20 years. One of my dog had puppies so they took my two adults and puppies from me. They were given vaccinations and micro-chips without my permission. I feed and choose natural alternatives to vaccinations like raw food, garlic and Vitamin-C and I am morally, spiritually and intellectually opposed to poisons being injected into my dogs. Like many other people, I choose organic food and a biological Vetenarian, It took me two days to get my dogs back and four hours of paperwork. It cost me about $1000 to get them out. All this because I was illegally arrested by overzealous, nazi-style raid on a biodesel bus and on me a farmer.
After I picked up my dogs, four were bleeding from their asses, one seriously. When I called the vet at the pound he said stress and other factors caused this…
Los Angeles Councilman Bill Rosendahl has brought a special squad of 21 LAPD officers into Venice, CA for the express purpose of vigorously enforcing LAMC 85.02 which forbids “living” or sleeping in a vehicle parked on the street.
Now that most of the Homeless Living in their cars and moterhomes have lost their Moterhomes and Cars to this Scam… They now are forced to sleep on the sidewalk (not illegal).
Having eliminated their targets, they are now creating new targets to harass …
Farmers, Raw foodists, Artists, Musicians, or any alternative or creative types.
Venice Beach LAPD: They’re Not Getting It!
Venice Beach is Home to Artists, Creativity and Multi-Dimensional Beings.
Please help write a story for the local news, complain to Police about this, and help keep Venice Beach Free and Creative.
April 25, 2011
Los Angeles Councilman Bill Rosendahl has brought into Venice, CA a special squad of 21 LAPD officers for the express purpose of vigorously enforcing LAMC 85.02 which forbids “living” or sleeping in a vehicle parked on the street.
He is doing this at a time when America is enduring it’s worst economic crisis since the ’30’s.
He is doing this in a year in which as many as 2 million families nationwide will lose their homes in foreclosure.
He is doing this at a time when an increasing number of the less fortunate among us find that their safest option is to sleep in their vehicles.
Chief of Staff Mike Bonin wrote in the Dec. 2010 Venice Neighborhood Council Newsletter:
“At the councilmember’s request, Police Chief Charlie Beck assigned 21 additional officers to the area. LAPD formed a Venice Homelessness Task Force, … City prosecutors are training cops to build evidence against people violating laws that prohibit living in vehicles.”
You are not allowed to sleep in your car here. You are, however, allowed to sleep on the sidewalk between the hours of 9pm and 6am.
I have occasionally slept in my car, although never in Venice. In Venice, my car is parked in it’s spot and I sleep in my bed under my roof. But I have been on the road and found myself perhaps too far from a motel or maybe I didn’t have the money for one, or perhaps I just needed to catch a few hours of sleep so that I could safely resume driving. But whatever the reason, I never thought it a good idea to get out of my car and sleep on the pavement as the LAPD demands. I always knew that I would be safer, more comfortable and better protected from the extremes of weather if I slept in my locked car than if I slept on the sidewalk. I’m sure you will agreed, just don’t try that in Venice.
In Venice, with this Venice Homelessness Task Force in the lead, the LAPD has been very busy and successful in finding people caught napping in their vehicles and arresting them for violation of 85.02. While these “criminals” are getting out of jail, their RV, van, truck or car is ticketed and towed. Often to a city lot in Sylmar 38 miles from Venice. Any pets are taken to a pound somewhere else. By the time these now twice troubled families get bailed out of jail, the towing charge and daily storage charges grow the cost of retrieving what is, probably, their last major possession beyond their reach, and that relatively safe place to sleep is gone forever. So impoverished, they need to look for a shopping cart for their few remaining possessions and are forced to start sleeping on the street.
And that is what the Councilman intends. He is using the law to run poor people out of Venice. That is why he is putting additional LAPD resources into the vigorous enforcement of 85.02. He has the support of wealthy and influential developers who see poor people in Venice as a factor in lowering property values.
Last night (14/04/11) a speeding SUV ran into an apartment building at 504 Pacific Ave and instantly turned two families out into the street. The lucky part was that no one was killed. By contrast you will find no vigorous enforcement of the speed limit along Pacific Ave, in spite of longstanding community demands, because slowing down traffic on Pacific will make living in South Venice and Marina Del Rey less fun and thus will lower property values.
The police don’t aways arrest the sleeper and tow the vehicle. Maybe a big tow truck wasn’t available. Sometimes they let people off with a warning. Like if they are even caught driving through Venice, they will be arrested and towed. And they can do it. Any time. Any place.
I heard they took the keys out of one woman’s hand while she has standing outside, went into her bus, took pictures to prove she had been living in it, the criminal, and by now you know the drill, had her vehicle towed, her pets sent to the pound and she to jail.
I’ve heard enough stories about threats and beatings [I saw the bruises on my friend Petr’s back – 13/04/11] to know that the LAPD is resorting to the tactics of thugs in their effort to run poor and homeless people out of Venice.
There is a problem with 85.02. Equal justice is not a phrase that can be applied to all laws. Sometimes the law is wrong and the people are right. Sometimes a law has no moral right to exist. When that happens, the people opposing the law become the righteous ones and the law enforcement agenciesbecome thugs.
This is not the first time an reconcilable contradiction has existed between what is law and what is justice. For the first 80 plus years of this nation’s history slavery was the law of the land. In that case the contradiction between law and justice was so sharp that a bloody and protracted civil war had to be fought to set matters right. But before that, before that law had been overthrown, slaves that ‘ran away’ and those that helped them were branded as “criminals” and everywhere in the United States, law enforcement was expected to add capturing “runaway slaves” to their long “todo list.”
I’m sure the Venice Klan, in it’s day, rallied behind the demand for vigorous enforcement of the slave codes with the simple demand “It’s the law! Enforce the law!” To do otherwise would have lowered “property” values.
But I think that “law” had no moral foundation and as a result the police that caught runaway slaves turned into thugs, we know from the historical record that they acted like thugs, and the runaway slaves and those who supported them were the righteous ones.
Similarly, I think those that fight and have fought to see that women have safe abortions on demand, even when it was illegal, have been the righteous ones, and those that attempted and still attempt to jail people for exercising that right are thugs.
Another example of the contradiction between the law and justice can be found closer to home and nearer to the present in PC 286, California’s law against anal penis contact (“however slight!”) which was not overthrown until 1976. I wonder if Bill Rosendahl was a “criminal” in those days or was he more consistent, calling for special squads of LAPD to bust into Venice bedrooms and vigorously enforce PC 286 because “it’s the law.”
He may have thought like that back then, I know some people did. But I think they were wrong. I think that law had no moral foundation. I think the people that said the law had no business telling consenting adults how to have sex or who with were the righteous ones and the enforcers of that law were the thugs.
Under the concrete conditions of today, in which
1.) Many people are being made homeless as a result of circumstances over which they have no control and
2.) Neither they nor the city can provide them with a safer or healthier place to sleep than their vehicle, a law which demands that these people sleep “legally” unprotected on the sidewalk lest they be jailed and have their vehicles towed is without moral foundation.
There are no proclamations of judges or councilmen that can give it one. Under these circumstance those that enforce the unjust law become thugs and those that fight it, like recently arrested Venice Neighborhood Council rep and feeder of the homeless, Ivonne Guzman, and my friend Petr, who was with her at the time, are the righteous ones. It is simple as that.
April 13, 2011
On Tuesday, April 12, 2011 the Venice Neighborhood Council voted in favor of the amended LAMC 85.11, as presented by Councilman Rosendahl, staff and a PATH representative. It was after 11:00 pm that the final vote was taken following a long evening of discussion and emotional community commentary. The addition of Penmar golf course parking lot to the new ordinance upset residents in the Penmar area, who complained that they had not been consulted on the plan to place 8 PATH program participants (vehicle dwellers) in the Penmar golf course parking lot, as part of the overnight “safe-parking” (safe from police harassment!) program proposed by Rosendahl back in September 2010.
This vote may or may not have any bearing on how the final LAMC 85.11 reads, given the fact that the city council has the final word.
Below is video of the first VNC hearing on LAMC 85.11 held on March 22, 2011. Video of the April 12, 2011 hearing soon to follow 🙂
Hello, Neighbor —
It’s been awhile since I’ve had an opportunity to update you on important issues affecting our community.
As you know, I’ve been busy with representing our community on the Venice Neighborhood Council (VNC). As a VNC Boardmember and Administrative Committee (AdCom) member, I’ve been busy listening to and acting on the issues coming before the VNC. Also, I was appointed one of two Budget Representatives on the VNC; and, I was elected by the westside neighborhood councils as a Budget Advocate working with the Mayor’s staff and the City to propose a workable budget for the City of Los Angeles. Around the same time and after two years of unemployment, I landed a great contract with company and re-joined the paid workforce. This contract was extended and I couldn’t be happier to have a paycheck once again.
All this activity took it’s toll, and it became apparent that 30 meetings per month with 12+ hour work days was not a way to live. I stepped down from my roles as Budget Advocate and Budget Rep so that I could continue to earn a paycheck, focus on Venice and get some sleep. It is still a juggling act, but I love serving our community in this capacity. I couldn’t think of anything I’d rather be doing. Thank you, again for your support and giving me the opportunity to dedicate and volunteer time to advocating on behalf of and serving Venice. It continues to be an honor I cherish.
I want to take this opportunity to update you on recent events surrounding homelessness, housing and the Roadmap to Housing Program. As you know, the past few years we’ve seen a strong push to implement Overnight Parking Districts (OPDs). I’ve stood strong against OPDs for reasons I’ve shared with you, previously. During the last attempt to implement OPDs, the Coastal Commission stood firm against them and rightly chastised the City for not dealing with the social issues we face during such tough economic times.
I’m not embarrassed to say that I was only weeks away from losing my apartment, belongings and a safe place to sleep before I got a job. Our previously conceived notions of homelessness no longer fit. Today, the homeless population are comprised of people just like you and me. Those who have, through no fault of their own, fallen on hard times. Yes, just with any group of people, you will find those who need mental health services as well as a criminal element. With rising rents, decreasing funding for services and ongoing joblessness, the immediate future doesn’t look rosy. These are tough times, but I don’t need to tell you that.
After the last attempt to implement OPDs, several things happened. Some neighborhoods outside of the Coastal Zone enacted OPDs and the City began posting overheight parking signs clearly targeting those living in RVs. I, and others, took action on the overheight signs. It seemed criminal to treat people this way and give them no other recourse. Councilmember Rosendahl agreed to implement the Roadmap to Homes project prior to criminalizing RV- and vehicular-dwellers. This program — Roadmap to Homes — although not perfect (but then again, what is?) gives those living in their vehicles a chance to connect with much needed services and transition into homes. Those who enroll in the program work with PATH (People Assisting the Homeless) to engage in services and secure residences. During the transition process, vehicular-dwellers can park in one of three public parking lots overnight, must adhere to the rules and policies of the program and can connect with various services to meet their specific needs.
It sounds good and there are definitely many pros to this program. Some vehicular-dwellers don’t want to participate. It’s their right not to do so. This program isn’t for everyone; and, in fact, one of the cons about the program is that it has a limited number of available spots. With Los Angeles being home to one of the highest homeless populations in the country, you can only imagine the number of people in need of such a program. The three public lots — only one of which is in Venice — cannot and will not accommodate large numbers of vehicle-dwellers. Those who say that a program such as this is the first step to creating shanty towns are wrong. Further, many other rumors such as the programming allowing vehicular-dwellers to park on public streets overnight are also wrong. Many amendments have been made to the accompanying ordinance (85.11) that allows this program to go through. I’m not in favor of all of them, but sometimes you have to embrace the not-so-perfect simply to make sure that people get some sort of recourse rather than the shaft. This would be one of those times.
In light of recent changes to 85.11 and the Roadmap to Homes program, I’m publicly supporting the program with my eyes wide open and I ask that you do the same. I’m including links to information so that you have access to inform yourself and make your own decisions. Please see the links below. I know you don’t need reminding of what tough times we live in. I also know that you don’t need reminding that uniting our community to address the issues that impact each one of us is the only way we are going to overcome the obstacles and tough times we face. I cannot turn my back on you. How could I turn my back on our neighbors in need? I ask you to join me in writing a letter (or email) to Councilmember Rosendahl lending your support of the Roadmap to Homes program and 85.11. If you have already done so, I thank you. If you haven’t, I ask you to take a few minutes and voice your support. Please encourage others in our community to join you. We must do something to help our neighbors. It begins with me and you.
Letters and emails must reach the Councilmember’s office by April 13.
I’d be happy to answer any questions. I know that there are lots of rumors floating around, so please don’t hesitate to ask for verification. You can always reach me by email and cell (310-430-0581).
Thank you for your ongoing commitment to this great place we call home!
With warmest regards,
Councilmember Bill Rosendahl’s contact information:
200 N. Spring Street, Room 415
Los Angeles, CA 90012
City Hall (213) 473-7011
West LA (310) 575-8461
Westchester (310) 568-8772
Recent letter from Councilmember Rosendahl giving an update on the program:
I am writing to give you a further update on the progress of the Roadmap to Housing program, which will help people living in their vehicles in CD11 get off the streets and into permanent housing.
Recently, outreach workers with People Assisting the Homeless (PATH) identified a family of seven living in a van in Westchester. Two weeks ago, PATH found that family transitional housing at the Upward Bound House, and soon they will be placed in permanent housing.
That is the kind of success we hope to emulate with the Roadmap to Housing program. Administered by PATH, the program’s main goal is to find permanent housing for people living in their vehicles. Since transitional placement like Upward Bound is rare, the program will temporarily move selected program participants from our residential streets to assigned and supervised spaces in publicly owned parking lots.
Last month, the City Attorney released a draft ordinance (LAMC 85.11) that allows PATH to legally operate the program in designated spaces in public parking lots. A few weeks ago, after hearing much feedback that the proposal was overly broad, I amended the draft ordinance by eliminating the use of public streets, and specifying which lots could be used. I identified and listed the parking lots at my offices in Westchester and West LA, and capped the number of vehicles per lot at eight. Finally, I agreed to a sunset provision for this pilot program.
At this time, I am prepared to offer two more amendments to the proposed ordinance:
Tripling the minimum buffer zone between any parking spot and a residence from 50 feet to 150 feet.
Identifying a third lot for the program: The parking lot of the Penmar Golf Course in Venice.
Supporters of the program — from Venice, Westchester and other communities — have insisted that Venice, which has the largest population of people living in their vehicles, must have a lot participating in the program. The eastern end of the parking lot (at the golf course on Rose Avenue, not at the park and recreation center on Penmar Avenue) is a greater distance from residences than any other publicly owned lot in Venice. And the immediate neighborhood, which falls outside of the jurisdiction of the California Coastal Commission, has the ability to implement a range of parking restrictions, which will prevent RVs and campers from parking on nearby residential streets.
I have already secured 50 housing vouchers, which will expedite the transition for many program participants. Those enrolled in the program will be screened and monitored by PATH, and will be required to adhere to a strict code of conduct. PATH will provide private security and oversight of the lots, and program participants will be limited to CD11 residents and those who were living in a vehicle in the district prior to December 2010, and want to find permanent housing.
PATH will use the spaces if and when needed — but will concentrate its program on outreach, case management and helping people find permanent housing. PATH may not need to use all of the spaces in the lots, and may not need to use the lots at all for periods of time. Only eight vehicles will be allowed to park in each lot, and the hours will be limited to 6 p.m. to 8 a.m.
Like any important matter of public policy, this ordinance is a work in progress and there are many more opportunities to be heard.
The Neighborhood Council of Westchester/Playa endorsed the proposal last night, and the Venice Neighborhood Council and the West LA Neighborhood Council will each hold hearings on the issue. I will also hold a special meeting on the Transportation Committee, 2 p.m., Wednesday, April 13 in Room 1010 of City Hall, 200 N. Spring Street, Los Angeles, CA 90012.
A copy of the draft ordinance, including my proposed latest amendments, is available here. A copy of the program guidelines from the PATH contract is here. You can also see a PowerPoint summary of the program here.
I look forward to your input as we continue to shape and refine this program.
March 23, 2011
A special Venice Neighborhood Council (VNC) meeting was held on March 22, 2011 to discuss LAMC 85.11 proposed by Councilman Bill Rosendahl as part of the “ROADMAP TO HOUSING” program (formerly “Vehicles to Homes”), touted by L.A. City as a solution for people living in their vehicles on the streets of Venice.
This program will be run by PATH (People Assisting The Homeless) and requires that vehicle-dwellers who sign on to the program park “safely” in lots adjacent Rosendahl’s council offices in West L.A. and Westchester, respectively.
While, originally, Rosendahl promised “safe parking” in Venice he has since caved in to pressure from the Venice Stakeholders Assoc., headed up by Mark Ryavec – the same Mark Ryavec who tried, unsuccessfully, to bring permit parking to the streets of Venice.
Venice community members, including vehicle-dwellers voiced their opinion and asked questions of City and PATH representatives at the meeting.
January 28, 2011
Subject: David Busch ARRESTEE –Sincerely, To Councilman Bill Rosendahl
Below is a reprint to you –of an email to an anonymous friend in Venice today –who has asked me about the incident at the Transportation Committee Meeting, and some stuff they also heard recently on KFI.
I am emailing it to you –because I have felt for the last few days that I should find some way to thank an reassure you –for your own restraint at that meeting.
And, hopefully, as my last word on the whole thing –I may also just read it tonight at the VNC.
Personally, Mr Rosendahl, I just want closure on the incident.
I see it as the culmination of events that reflects on weak judgments by both yourself, Mr. Rosendahl –and and, candidly, now, myself too.
But this is not personal –nor with rancor.
The issues here, nevertheless, are ongoing –and serious. And we need a moratorium on homeless arrests in Venice until the lawsuit is settled –or at the very least until the PATH alternative is in place. Moreover, recognition must be made in the future of the poor artist community –and the poor traveler community’s long rights –to have expression and ongoing recreation in Venice Beach.
That are seriously threatened by your actions and current weakness.
But Mr. Rosendahl –I am grateful.
And for the purpose of giving you any closure that you might want –I would be happy to discuss this any way you wish in the future with yourself and or anyone you wish –as long as from this point onward it is private, unrecorded, and limited to this issue and confidential on both our parts.
As I say, I am just looking for closure –on me –and a re-focus on the public issues.
Yes, dear (anonymous) Venice resident –it was me who laid on the table!
Well, I got arrrested for disturbing the meeting –and was released O.R. –on Thursday. It was totally unplanned. Ewing was there, and Ms. Lucks, and they started shouting; and I just thought (no, let me correct that, I just couldn’t help the FEELING) that it was time to start putting my body on the line stop the homeless arrests in Venice.
And justice does just really cry –for an end to the homeless arrests and RV seizures here: Especially when you see it on these streets in Venice –now every single morning.
It is just emotionally excruciating.
And still, no legal place for us to stay.
Too, by contrast to my own, admitted, raw, and human, spontaneous emotions –Rosendahl’s well-schemed-and-staged-VNC-hate-meeting a few months back, has just had me on edge ever since.
So, yes, I guess some might think that what I did makes me unwise that day.
Without getting too carried away with my justifications, I do think what I’ve done has caused a lot less actual damage than what he’s done to a lot of innocent people in RV’s in Venice since: When he started letting his emotions rip (unwisely on behalf of a bunch of haters and greedy developers) into the homeless and RV-dwellers here.
Including, too, in the damage –the unanswered questions of poor Mr. James Hunter.
And others who’s lives are not just being inconvenienced –but ruined.
By unwarranted misuse of the LAPD to promote police harassment and community hate –while they are in poverty, disability and confusion.
And I just ask people to consider my spontaneous outburst, and contrast it –to a purely-staged room full of haters: all hiding behind behind badges, titles, Bill’s rants that night, and two little innocent girls in dresses and pigtails that night –in this context also.
So it got a noisy –I started ranting, and then a cop pulled out his taser –and everybody freaked when he pulled that out –and somebody from the bus riders union even tried to pull the tazer out of the cop’s hand.
And some friends of mine who were very embarrassed were also there.
And well, In all, I would rather do some things in the upcoming weeks that might also be civil disobedience –but very, very much more calmly.
And I would like to use this as an opportunity to model non-violent civil disobedience more properly –and goodly.
And to that end –last week was, candidly, just personally now very cathartic for me and my current weaknesses in all this.
And trying to get to that even more non-violent-than-I-have-been-so-far point in my walk these 16 years as a homeless person now.
I have never really gotten so loud before –as to shut down a meeting –and the timing was very risky in terms of Arizona.
Thank goodness the cop, too, didn’t taze that guy who was kinda ready, to even maybe, have grabbed that tazer.
And overall, I do think the metal detectors and searches and all make City Hall a safer place for most calm minds going there–for the candid discussions there –that humanly do often get heated among all of us who breath and have a pulse.
I would love to see some of those “closed sessions” of the council for instance!
The truth is, we are, none of us, without feelings.
And, overall, MLK day (because of his [MLK’s] own non-violent civil disobedience and history of being arrested) has kinda helped also balance it out –in terms of local karmic and timing fallout for us all–I am tending to think.
We Thank you all, Dr. King.
So, fortunately, except for the LA Weekly blog, that gave me some mixed reviews –and portrayed Rosendahl (in their setup of him) as a showboater –it’s damage to the homeless cause here has been minimal.
(And I am sorry for that –Mr. Rosendahl –Unlike me, I think LAWeekly are always now just looking to set you up. –db)
Venice Patch blog was very understanding, thank goodness. Yo Venice really hasn’t had much to say either.
So I’m counting on the incident being kept from becoming a big deal –although I am right now writing a personal email to Rosendahl (which he might now actually read –assuring him of my long non-violent nature –and as a private aside, a thank you to him for not using it as any kinda major megaphone –so-far.)
Overall, though, I think I want to get attention off of the incident; and me as a “protester” –although I think it would be great if some others would go down to KFI and picket; or maybe do something like a pray-in, or calm-in, or something –to contrast themselves with KFI.
And their just hateful ranting about Venice homeless.
Or –how about a mock broadcast as a press event –that just re-read, what they are saying about Venice and replaced the words homeless or RV-dweller with “Republican” or “Tea-bagger” or “politician” Or “talk-radio listener.” It would probably get good press from other stations that would like to drive them down.
January 18, 2011
Internal Revenue Service notified Venice Stakeholders Association (VSA) that VSA is exempt from federal income tax under section 501(c)3 of the Internal Revenue Code. Monies contributed after June 29, 2010 can be deducted as charitable contributions.
Mark Ryavec, head of VSA, made it plain that he still needed more money. He wrote that he has a contributor who will match up to $5000 worth of contributions. Ryavec also stated “We have recently had to advance $5,000 as our share of the on-going cost of preparing the administrative record and the transcripts of the California Coastal Commission (CCC) hearings. The City also committed to pay $5,000. This has drawn down our reserves to a precariously low level.”
Signs should start being installed this month according to Ryavec. About 60 blocks of residents signed the petitions for no parking, 2 to 6 am, for vehicles over seven feet tall or 22 feet long. This originally meant any vehicle with or without a disabled placard. But the RV legal aides advocates filed suit against the City and for the time being placarded vehicles will not be ticketed.
Send checks to Mark Ryavec 453 Rialto Avenue, Venice, CA 90291
December 28, 2010
Taken from VNC draft minutes:
11 B. Motion to urge immediate implementation of Streets to Homes Program (30 Minutes);
Karen Wolfe & Carolyn Rios
See Exhibit G (Letter), G1 (History of VNC actions), G2 (LAMC 85.02), & G3 (VNC letter to Rosendahl 10/20/09); G4 (6/24/10 Letter)
MOTION: Whereas: The VNC supports Councilman Rosendahl’s multi-pronged approach to the problems attendant with homelessness seeking relief for Venice residents, business owners and visitors and to assist those truly in need;
Whereas: Implementation of the Streets to Homes Pilot Program is dependent upon amendment of Los Angeles Municipal Code 85.02;
Whereas: The Oversized Vehicle Ordinance has been approved by City Council and will be implemented soon;
Therefore: The VNC urges the Councilmember to act with all due haste to send the amended ordinance to the full City council and seek support for full implementation of his multi-pronged approach.
Public Comment For:
Karen Wolfe, David Ewing, Steve Clare, Sue Kaplan
Public Comment Against:
David Busch, Stewart Oscars, Sean Suv
Public Comment General:
Ian Dean, Dede Audet, Eden Andes
ACTION TAKEN Approved CR/CC – 8-4-4
December 7, 2010
Darlene Knoll has lived in her RV on the street for the past 8 years. She has been harassed and intimidated by LAPD to the point that she sought sanctuary in a church parking lot, afraid to be on the street. Darlene has become an activist, trying to protect the homeless in Venice but she is afraid of being targeted by the new LAPD Task Force that has been towing vehicles and arresting their owners.
December 3, 2010
Artist Shireene Zahedi spoke out at the Venice Townhall meeting on December 2, 2010. Shireene’s bus was towed on Thanksgiving weekend while she was away visiting her sick father. She was extorted the princely sum of $1000 to retrieve her vehicle, by the tow company in Canoga Park, 20 miles away from where the bus was taken. See also: “HAPPY THANKSGIVING IN VENICE” video.
November 30, 2010
HAPPY THANKSGIVING IN VENICE – 2010
While the artist-owner was away, visiting her sick and dying father over Thanksgiving, LAPD was recruited by a notorious female Venice resident to tow the artists beautiful studio/bus parked outside her home on 5th Avenue, Venice.
The same notorious female was observed, by two witnesses, crouched down close to the bus’ waste outlet shortly before LAPD arrived on the scene to check an alleged ‘leak’ from that waste outlet. The female sped off in a “Discovery” SUV driven by a male accomplice. The license plate of the SUV was observed by one of the witnesses and will be handed over to the police.
A distraught neighbor, cycling by, threw herself in front of the tow truck, sobbing hysterically, in a futile attempt to prevent the bus from being towed. She was asked to leave by LAPD which she did, tearfully.
The bus was towed 20 miles to Canoga Park where the owner was able to retrieve it only after being extorted for $1000 by the tow company.
Happy Thanksgiving from LAPD and Councilman Rosendahl!
‘TIS THE SEASON TO BE JOLLY…(AND COMPASSIONATE?) – TELL IT TO THE VENICE HATERS!
November 26, 2010
On 11-22-2010 at least two women that reside in Venice continued their plan to “clean this up” meaning the poor people of Venice. I am told these individuals blog on Yo! Venice. I am told these individuals are into bashing and hateful dialog. But wait, I have also witnessed a great deal about them in the last couple of weeks.
Earlier in the day I was informed that an elderly disabled man was arrested for allegedly living in his vehicle and the vehicle was towed. Then later on that afternoon I witnessed another van being towed east on Rose Ave towards Lincoln Blvd.
As I reached 3rd Ave I looked down the street, lo and behold, the two women were leaning into an LAPD car and another LAPD unit was behind them. These women had recently been witnessed at a series of Venice neighborhood meetings just prior, in their ongoing campaign to use LAPD as the enforcers to criminalize the homeless.
Where does the line exist between reasonable usage of City resources and misusing City resources?
It is quite clear these women are deeply disturbed, and very bored in life, to spend as many hours as they do using City resources to harass other people. Also it’s obvious that the emotional maturity is lacking, by their actions in public forums like the Venice Town Hall, where one wore 85.02 taped to her chest, and recently at the Venice Neighborhood Council where both mocked at the camera I had in my hand (which wasn’t turned on) because they assumed I was discreetly video taping them while on a phone call.
When does it become a crime in and of itself to misuse these resources beyond a reasonable level?
I allege these women are chronic complainers that are abusing the use of city resources. They are influencing certain LAPD Officers to imposed criminalization tactics on the homeless. As I walked down the middle of 3rd Ave with the Flipshare camera pointed at them, my message was multi-purposeful:
- to record the area, ie, which vehicles were on the street in case others were towed later on, to let these two emotionally disturbed women know the greater Venice community is watching their behavior;
- to let them know they are not above the law;
The police drove towards me waving and I moved to sidewalk so my dog Tiki didn’t mistakenly become a skid bump. I continued to record the end of 3rd Ave and intended to walk a bit down Sunset Ave. The ring leader of the two emotionally disturbed women was heading in the same direction. I pondered for a moment, was she on foot or did she drive? At that point a man that had a gym bag crossed the street towards me. He was on a cell phone, and I heard him state, “she’s heading in your direction.” It then occurred to me this group of haters thought I was effective and that possibly I was going to attempt to follow her home.
I’m not a hater so that would never be my intention. I know where a lot of people live in Venice and beyond, many of them, because I have access to public records, but I have no intention of being LIKE them, misusing that power. I work in sacred ways. It does not serve us as a community, nor myself as a voice for social justice, to pit people against each other but this group immediately thought I was doing EXACTLY what they do. We all know the type, right?
So I continue to head toward Sunset Ave and turn east. The ring leader is over 100 ft ahead of me. I see her turn back around and head towards me. As she passes she waves, and sarcastically says “Hello Lisa”, into the camera. I continue to the mid point of the block where I intended to go when I began this journey. I heard the sound of an LAPD car and do not feel surprised to find out it’s the same team that waved to me moment before.
I make my turnaround and begin to head back to 3rd Ave with the intention of heading back to my van to pick up some books to take to the library. I witness the ring leader turn back on 3rd Ave in front of me and the LAPD car positioned on the corner of Sunset Ave and 3rd Ave on the opposite side of the street. I head north on 3rd Ave and the ring leader turns around again and heads back towards me. As she approaches she says on her Iphone and to the camera I am holding, I will go home one she stops following me! An allegation which isn’t accurate but disturbed minds think like that. I continue past her then realize that the police officers on Sunset Ave and 3rd Ave now have me under surveillance, so I whip out into the street pointing the camera directly at the vehicle. As I approach the vehicle to inquire if I am under surveillance the male Officer McGinnis waves at me, and the female Officer Gonzales will not make eye contact, head down, as she drives off.
I’m a public figure now, and as such, will be subjected to personal attacks, regardless if it’s inappropriate or not, but the people I watch over are not. It is worth mentioning that it is self serving for the LAPD, the Council Office, these newly created Illegal Dumping units, Haz-mat, etc to allow parts of the Venice community to battle. It certainly adds to the job security, but what about effective resources? What about doing more then just letting people abuse others? What about civility, and decency? What about respect?
In the meantime I’ll be around with cameras. We want more cameras too. We’re lobbying for camera donations to assist in this campaign for social justice. Want to help?
November 18, 2010
Re: Human Rights Violations, Venice California Law Enforcement.
Concern: Misuse of Power resulting in the exposure of Legally Critical Human Rights Loop Holes via the practice of Illegal Non-Criminal Profiling.
Basis for Accusation: The R.V. by both Postal And Automotive legislation is defined as both a Vehicle And a Home. By requiring a “Legal Address”, the Home Owner can receive mail to their R.V. through the Mail Delivery System just as any other Home Owner of Legal Address.
Fact: The Legally Incorporated Postal Definition (Corporate Law) of the R.V. as a Home requires the same legislated guidelines of “What gives an officer the right to search”.
In Any situation pertaining to the above concern, a crime or warrant is mandatory to justify such engagement of police activity protocol of “search”.
What gives the local police the right to enforce with non-existent social restriction activity, a fascist Control Boundary assault on a Minority Civilian Population? To answer this question requires us to question, “What is Martial Law”.
Martial Law: A Privileged Authorization through the President of the United States of America where control and policing of a civilian population is prohibited by just cause.
Are local Police Everywhere in Our Country in violation of Martial Law Mandate? The Venice Police Department is guilty of practicing routine circumvention of search and seizure dependant mandatory proof of crime or incident via non-criminal profiling. This practice is strategically used for public practice of Illegal Martial Law.
Fact: VENICE POLICE (and possibly elsewhere) are acting out in an illegal manner conducting non-authorized incidents of Martial Law Practice.
Fact: VENICE POLICE (and possibly elsewhere) are profiling Minorities based on the victims vehicle type for their own “Illegal Agenda of Social Control” when the understood programmatic practice of a Civil Servant of Law Enforcement is The Training Recieved From the Police Academy of their Accomplishment.
Fact: To Structurally Validify their Illegal Practices, The Venice Police District (and possibly elsewhere) will illegally search the Home/Vehicle for subjects who fit their “Homeless Description”, Including Arbitrarily Victimized “Vacationers”.
Fact: The R.V. by Legal “Incorporated” Postal Definition and Legally Incorporated Consumer Product Usage Advertisement Mandates The R.V. as a Home. By requiring a “Legal Address”, the Home Owner can receive mail to their R.V.
The same rules of search and seizure apply to ANY OFFICER when engaging in the activity of “SEARCH”.
Fact: The Attempt to Illegally ban such a Home Owner from Already “Communally” Mandated Usage is prohibited by the following Standards:
I). Human Rights Clause: Profiling, Search and Seizure Conduct.
II). Federal Clause: The Right Of Martial Law.
The Paralegal (aka: Anonymous)
November 16, 2010
URGENT: According to a local activist:
“The ‘angry mob’ groups have a letter campaign going in support of the police crack down and against St. Joseph’s Center (that helps the homeless). (See below) Please counter it with letters in support of St. Joseph’s and against the police siege of Venice against people in RV’s.”
Please go here to read more and send your letter to the officials concerned.
Or cut and paste this link into your web browser:
LETTER CIRCULATED BY WATCHDAWG AGAINST THE RVers
PLEASE LET THE AUTHORITIES KNOW THAT YOU ARE VERY HAPPY WITH THE ADDITIONAL ENFORCEMENT OF EXISTING LAWS ABOUT PEOPLE LIVING ON OUR STREETS AND IN PARKING LOTS IN RVs (Ord. 85.02) – IT IS VERY IMPORTANT TO LET THEM KNOW THAT WE ARE CONTENT WITH THE ADDITIONAL ENFORCEMENT AND THE IMPROVEMENT THAT WE SEE IN OUR NEIGHBORHOOD. WE HAVE BEEN ASKING TO STOP VENICE FROM BEING THE SOCIAL EXPERIMENT OF WEST LA AND BRING IT UP TO THE SAME LEVEL OF SANITY AS THE REST OF THE WESTSIDE…….
Please email the people listed below – a sample letter from neighbor, Richard Myers, is below the email addresses:
THIS IS VERY IMPORTANT TO CONTINUE THE CLEANUP OF OUR STREETS THAT IS IN PROGRESS.
These folks deserve our praise and thanks – write them today…..
Councilman Bill Rosendahl ,
CD11 Venice Deputy Arturo Piña ,
LAPD Captain John Peters ,
Theresa Skinner ,
Peggy Thusing ,
City Attorney Carmen Trutanich ,
Jane Usher Chief of Staff ,
Neighborhood Prosecutor Claudia Martin ,
Mayor Antonio Villaraigosa ,
Larry Frank ,
Supervisor’s Deputy Flora Gil Krisiloff ,
I wanted to thank everyone who was involved in the arrest of the owner of the RV dweller lodging at 6th and Rose Ave. next to the Venice Family Clinic. I live on that block and that huge RV has been there in the same spot for at least a week up on jacks. I also found it ironic that the owner had a handicap license plate AND a bicycle on the trailer – please I hope someone investigates whether the owner was legally entitled to those handicap plates. I am happy to see these blatant violators of 85.02 finally being arrested.
Thanks for your continued concern about our little piece of Paradise……
October 18, 2010
Ongoing actions regarding LAPD orders to enforce; Parking Enforcement orders to enforce; City Attorneys Orders – to avoid trials which would subject the City of LA to civil lawsuits which infringe upon an individuals civil liberties.
Here’s the process, LAPD continues to train the additional 20+ Officers on those defined as homeless.
Since late last week frequent reports of verbal warnings of violating 85.02 have been given by LAPD Officers, and some written warnings are being left on vehicles (see attached warning notice and read below).
“This vehicle is being used in violation of Los Angeles Municipal Code (LAMC) 85.02, which makes it illegal to lodge in a vehicle parked on a City street, a parking lot that was both owned by the City of Los Angeles and under the control of the City of Los Angeles; or a parking lot owned by the City of Los Angeles and under the control of the Los Angeles County Department of Beaches and Harbors.
This will be your only warning. LAMC sec 85.02 is punishable by 6 months in county jail or a $1,000 fine.”
end of notice
Another absurd misuse of power thanks to CD 11 Councilmen Rosendahl ordering LAPD to misuse power and police homlessness. Where is the compassion? What about actual solutions? The Streets to Home program is an illusion just like permanent supportive housing in the City of Los Angeles. By the way where is the rest of the $750,000 in monies taken from the Venice Surplus Fund?
– This morning a friend of mine was moving an RV for his friend who was at work. The RV had a dead battery so another RV operator was assisting. This takes a few minutes and right after the vehicle starts, which is a bit over 8am (street cleaning time), the Parking Enforcement Officer appears. She is reported to have almost knocked over one man to inform my friend he was getting a ticket. She is reported to have stated, “We are told we cannot give you people any breaks.”
Officer Green was her name not to be confused with me, Lisa Green. Maybe we’ll meet one day so I can look in her face, and let her know. If you are going to have the name Green, you better act with the power of love, not love of power or divorce your name!
– Walked to Bread and Roses to let people know about another ticket clinic. Also handed out the Jones vs City of LA Settlement.
– Also heard from a disabled homeless woman that LAPD arrived at 5:30am on Saturday or Sunday, and was witnessed banging on RVs. Also one Officer told her to “move quicker”, after giving the warning as it approached 6:00am. She moves slow because she has a damages nerve in her hip. She replied with, I’ll move faster if you offer to assist me with getting up.”
– Witnessed two young officers jump out their car this morning because one young man hadn’t risen by himself before 6am. With video running, I witnessed the man, get warned, and have his id checked just for not walking up. He has no record or warrants which always seems to disappoint the Officers. Yeah, they did give him a warning not a ticket but why pull his id, and ask him a series of questions? He’s already gotten one ticket recently for sleeping on a sidewalk because the City of LA Council and Mayor have not provided even a minimal amount of affordable housing for people…..it’s a ridiculous state of affairs to watch day after day LAPD Officers being trained and wasting the people money and resources policing other people who have almost nothing. What a joke! What an absurd state of affairs and ignorance.
– A man who received a ticket for putting down his bedding 15 minutes before 9pm went to the courthouse on Purdue last Thursday. His name wasn’t on the list meaning he wasn’t scheduled for a hearing. So he got in the long line of the Clerk of the Court. People overhead him telling his story to a friend of mine, and not surprisingly, most people were shocked to find out people are ticketed for being homeless with no place to sleep….so when he came out of the Clerks Office the group wanted to know, was he going to get a trial? No, not even in the Clerk records. It become his responsibility to follow up for one year to see if the City Attorney decides to schedule a hearing.
Who is responsible for entering the citations into the Clerk of the Court? To me this seems like a form of misconduct. If you receive a citation you should receive a hearing or trial…..It is a ridiculous misuse of power. One arm of the City enforcing laws and the other not following through granting the people subjected to misuse of power due process…..
I went to court on Friday myself, because I was written a ticket on Venice Boardwalk, in retaliation for video taping LAPD Officers the night before on 3rd Ave violating the Jones vs the Ciy of Los Angeles Settlement. Someone had put in an extension. I scheduled a court date for December. I believe I should be able to bill LAPD and the City of LA for taking up my personal time from work. I was ready to go to trial when I appeared on Friday. Since the City Attorney’s Office put in an extension, without my approval, I wasted time. Instead of standing a long line with many people either scare or pissed off or both because of the City of LA regressive taxation program, I could have been video taping violations or typing other emails, or some other of my many jobs…..
Well that’s enough for now…..
State Assembly 2010 Candidate, 53rd District
Green Party of California
Vote Lisa Green Nov 2, 2010
October 15, 2010
Services Must Keep Pace with Enforcement
Venice Action today called on Los Angeles City Councilmember Bill Rosendahl and the Los Angeles Homeless Services Authority to expedite the process for choosing an operator for the “Vehicles-to-Homes” (V2H) program in Council District 11. Today was the closing date for respondents to the Request For Proposals released in September.
“The Councilmember has an obligation to show the same urgency for implementing V2H as he has for the vigorous and sprawling law enforcement component he’s brought to dealing with the vehicular homeless in Venice,” said David Ewing of Venice Action. “If there are good, experienced bidders who can get the program up and running sooner rather than later, it’s time for him to step up and show comparable zeal for creating a real solution as he’s shown for being punitive.”
The RFP requires the V2H program operator to do time-consuming preparatory work, including a survey of potential program clients, establishment of a social service support program and procurement of off-street parking areas for participants. Consequently, choosing a vendor must be a high priority if the program is to have any chance to keep pace with the imposition of Oversize Vehicle overnight parking restrictions which Rosendahl is promoting in the Venice Coastal Zone west of Lincoln Boulevard.
“Councilman Rosendahl is playing a game with Venice and the City. While declaring that the City, County and State have all failed to address the problem of homelessness, he’s embracing that failure by making it a police matter. This is as unfair to LAPD as to the neighborhoods to which these people will move, and we’re already seeing the effects of this effort in residential neighborhoods where RVs did not previously park,” said Venice Action’s Chris Plourde. “Every issue raised by Venetians about nuisances is just as applicable outside of Venice as it is in this coastal community. This problem always demanded a comprehensive solution, and it’s short-sighted, not to mention bad politics, to approach it any other way.” More
October 14, 2010
Search and destroy missions for women, children and recabites (recavites – RVers)
Date: 2010-10-13, 3:21AM
Just got off the phone with a friend. I had seen her in tears walking down the street the other day. She said the LAPD with the school had given her son a new used bike. She took the old bike off the rv bike rack and put the new one on. Within a couple of hours the police gave her a ticket saying they could not see the lic.plate. Having a bad cold and being hadi-cap she did not get it fixed right away so they gave her another ticket. She said I dont have any money for tickets.
Tonight she called wanting to know if I would take care of her dog. Her voice cracked as she tried to talk and she said the police came today and wrote all over the rv tires LAPD in perament yellow marker.It doesnt wash off with anything. She told them street cleaning was tommorow and everyone was moving any way. An hour later parking informent came to do the same thing. Two police officers on bikes came late asking for ID and telling her to go somewhere else. Around 10pm police on bikes were running up and down the streets. Police cars with spot lights and yellow lights running across the top going up and down the streets checking each vehicle to rid Venice of women, children and families like an infestation of rats. Rats in a house, Mark Rayvacs house.
She said you could hear and see the joy of the police officers enjoying the hunt. She said she had to hide her daughter and her new grand child in a truck in fear like the jews and the nazies. She said when her daughter was afraid to sleep in the rv she had thought she was being too upset but tonight this wed. morning. She was glad her beautiful grand baby was safely hidden. She said she watched the lights down the street at a tow truck as they took a women away and her van. The police had told her their orders were if they find you in a vehicle they were to ticket, tow arrest for 85.02. At 2am she said she was going to try to rest but if they found her tonight would I take good care of her dog that she so dearly loved. She hung up after saying sweet dreams and I will pray I make it through the night.
Original URL: http://losangeles.craigslist.org/wst/pol/2003606049.html
October 8, 2010
Subject: Response from Chuck Posner at Coastal Commission
From: Lisa Green
Message from Chuck Posner on my voice mail:
“I’ve gotten your emails. I’ve gotten emails and calls from several other people. Alerting us to these changes that County Beaches and Harbors seems intent on making at Rose Ave Parking lot. And uh the signs that have been posted. We’re monitoring the situation though I’m not sure if we have any direct jurisdication over vehicle regulations like that. We are monitoring it. I’m working with our management to see what our official response will be. I appreciate the information. Certainly does not seem to be fair excluding people with handicapped placards from public parking lots.” message cuts off…
State Assembly 2010 Candidate, 53rd District
Green Party of California
Vote Lisa Green Nov 2, 2010
October 6, 2010
Dear Laura Island
I just read this on Yo Venice.com: ” I just called Laura and spoke to her. She said that they are encouraging everyone to attend the Park Advisory Board meeting on Tues October 26th at 6:30 PM (at the Park Rec Center). She also said that the PAB has already voted on this issue before and decided not to post any parking restrictions and she didn’t know why because she wasn’t in her current position when the PAB had voted on it.”
I don’t know if these are your words exactly but they are posted on this website (YoVenice) that is famous for writing lies and inciting hate and criminalizing human beings.
I’m asking if you stated that the PAB for Oakwood voted not to put up 85.02 signs? I would like to inform you that I sat in on that meeting and PAB did not vote on this issue at all. The PAB board voted on whether it was feasible to have the four hour parking signs in front of Oakwood.
The PAB board decided against it because of the community coming to Oakwood for events (parties, games etc.) and community staying longer than four hours and having to face and expensive ticket. Then they stated that Oakwood didn’t have a blue parking area in front for handicap parking. Never once did 85.02 postings come into the conversation. The lies that are swirling in the community need no help from LA Parks and Recreation leaders. Instead we need stability to handle this ordeal within the community. Your comment on this website needs clarification before it reaches and all new ugly height-because CD11 has done its part to create hysteria over this issue (Town Hall Meeting at Westminster Elementary).
I will await your response and pray that it is one from a Regional leader that includes human compassion for everyone involved. The streets of Los Angeles are not governed by LA City Parks and Recreation nor the Oakwood PAB,so why is that these groups (YoVenice) are encouraged to come to and advisory meeting for Oakwood to influence the PAB to vote on ordinances street laws so now the Oakwood PAB is doing the work of D0T, LAPD and CD11?
Waiting for your response.
October 4, 2010
When Home Has No Place to Park By IAN LOVETT
Published: October 3, 2010 http://www.nytimes.com/2010/10/04/us/04rv.html
LOS ANGELES — Every day, Diane Butler and her husband park their two hand-painted R.V.’s in a lot at the edge of Venice Beach here, alongside dozens of other rickety, rusted campers from the 1970s and ’80s. During the day, she sells her artwork on the boardwalk. When the parking lot closes at sunset, she and the other R.V.-dwellers drive a quarter-mile inland to find somewhere on the street to park for the night.
The Venice section of Los Angeles has become the latest California community to enact strict new regulations limiting street parking and banning R.V.’s from beach lots.
Their nomadic existence might be ending, though. The Venice section of Los Angeles has become the latest California community to enact strict new regulations limiting street parking and banning R.V.’s from beach lots — regulations that could soon force Ms. Butler, 58, to leave the community where she has lived for four decades.
“They’re making it hard for people in vehicles to remain in Venice,” she said. More
September 29, 2010
THE PURSUIT OF HAPPINESS by Randy Brook
(Editorial Note: “Life, Liberty, and the Pursuit of Happiness” is commonly attributed to the Constitution, but it comes from the Declaration of Independence. However, the 5th Amendment does offer protections to our “life, liberty, or property,” noting we cannot be deprived of any of them without due process of law.)
I need to get these ideas to somebody who is involved with the RV/homeless issue.
Everybody is missing the point. This is a constitutional issue. All laws which unreasonably restrict someone’s right to occupy their vehicle and park it in designated public parking areas (streets etc.) violate the constitutionally acknowledged God-given and inaliable rights of life, liberty and pursuit of happiness.
Life – the right to life is the right to provide onself with shelter and survival against the elements. To make it a “crime” to take shelter in ones own vehicle – as protection against elements and danger – is to abrogate this constitutional right. States have the right to impose “REASONABLE time, place and manner” restrictions of this right, but not the right to arbitrarily and catagorically abrogate it.
Liberty – the choice to live in a vehicle as opposed to the street, or even a house or apartment, is an exercise of the right of personal freedom which is guaranteed to all U.S. citizens under the constitution. If people are worried that vehicle-dwellers might rob their homes, kidnap their daughters or leave garbage and waste on the street, then laws can be passed (and do exist) against these activities, but you don’t outlaw knives, you outlaw using a knife to stab someone. You don’t outlaw living in a vehicle, you outlaw destructive activities which those in vehicles might be prone to do.
Pursuit of happiness – this is self-explanatory. I have a (constitutionally protected) right to make lifestyle choices which I believe will make me happy, so long as those choices do not cause harm to others – and this includes the choice to live my life in a vehicle.
But there is a right even more fundamental than these – the recognition of which predates even the Constitution. It is found in English law, and probably evolves from Roman and Greek law. It is a principle which is known as “locus standi”, or “the right to the ground upon which you stand”. The right to occupy – on public property and public right of way – the ground upon which you stand, free of molestation or persecution is THE FUNDAMENTAL human right…the right from which all other rights derive. This right is inherent in the laws guaranteeing freedom of assembly, speech etc. Without this right, no other right CAN exist. Just as this is the principle underlying the government’s guarantee of your right to stand on your feet (or sit on your ass, for that matter) on any public thoroughfare (sidewalk, etc) or common area (park, etc), “locus standi” is also the right and principle which takes precedence in specialized public place and public thoroughfare (public access) areas, such as designated vehicle parking areas (streets, etc.).
To put it simply, a sidewalk is a “public thoroughfare”, and as such it enjoys all of the protections of the constitution. This is the principle under which the right to preach on a soapbox or play music for change are recognized and acknowledged. Well, this is EXACTLY the case with designated public parking areas (curbs etc.). They are also specialized public thoroughfares and as such they are also protected by the constitution. NO LAW MAY BE PASSED WHICH ABROGATES THIS RIGHT OF PUBLIC ACCESS AND USE OF PUBLIC THOROUGHFARES. Again, REASONABLE time, place and manner restrictions may be applied – such as “no oversize (8 feet high, 22 feet long) vehicle may park where it will obstruct the traffic’s view of oncoming cars, or cause a street to become too narrow for cars to pass each other on it” – these are “reasonable” restrictions of the RIGHT to park on a public street, but no government can arbitrarily and catagorically abrogate that right.
Regarding this point, neighborhoods have NO LEGAL RIGHT to “vote” to restrict “oversize vehicles” per se. Look up the city oversize vehicle law for yourself and you will see that it quite clearly spells out the conditions under which they may be restricted – obstructing the view of traffic, narrowing streets or significantly depriving the public and businesses of parking space. There is not one word in the law about neighborhoods being able to arbitrarily decide where such vehicles can park.
Yes, there IS a specialized LA law which says that no vehicle over 6 feet high may park within 100 feet (I think) of an intersection if this would prevent cross traffic from seeing oncoming cars, but this is not the issue. We are talking about neighborhoods voting to outlaw big vehicles…period. THEY HAVE NO LEGAL RIGHT TO DO THIS, regardless of how willing the city council is to look the other way while such illegal restrictions are imposed.
But the real bottom line is this. We can wax philosophical all we want. We can get up on soapboxes and rant about the injustices, the harassment etc., but until the community is prepared to take legal action to stop these illegal activities , the mayor, the city council and the police are just going to laugh at us and keep on harassing us and violating our constitutional rights. The only thing they listen to is votes, and the only way to get the voters mad is to cost them money. The only effective tactic is to get competent constitutional lawyers (ACLU or whoever) to bring a class action lawsuit against the city for the violation of the constitutional rights of life, liberty and the pursuit of happiness, and the right of Locus Standi which is implicit in them…and make the city pay the vehicle-dwellers for the abuses they have suffered. THEN, I guarantee you, the legislators and enforcers will run for cover and that will be the end of unreasonable oversized vehicle restrictions, laws against sleeping in vehicles, etc.
It’s up to this community, and its leaders. Either get a good lawyer and bring charges of violation of the constitution in these matters, or continue to rant and rave, and attend meaningless public meetings while “they” continue to whittle away at the vehicle-dwelling and homeless community until we’re all either in jail, in a loonie bin, run out of town or dead.
IT IS A VIOLATION OF THE CONSTITUTION TO PREVENT PEOPLE FROM LIVING IN THEIR VEHICLES AND PARKING THEM ON PUBLIC STREETS – PERIOD. All the laws which are already on the books about this must, and will be, repealed once this constitutional point is established.
It’s up to you, and it’s up to us. I did my part…I clarified the issue and spelled out what action needs to be taken.
September 22, 2010
Inquiring about the signs installed on light posts yesterday, Tues, Sept 21, 2010 I was informed by CD11 Rosendahl Office, that the County was responsible for the signs, and the decisions to change the operating rules regarding the Rose Ave Public Parking Lot, located at the end of Rose Ave, on the West side of Ocean Front Walk, 300 Ocean Front Walk.
One sign reads:
Park within one de
signated space and line markings only
Alcoholic beverages are prohibited in public areas
All animals must be on a leash and are prohibited in public ares
All animal must be on a leash and are prohibited in planters
Parking Spaces for Vehicles Only
No In and Out Privileges
No Camping or Sleeping in Vehicle at anytime LACC 19.12.730
LAPD 310 482 6334
End of sign
I want to know when these signs take effect? We’ve heard many conflicting answers.
The PCI team that operates the entrance booth which collects fees for parking in the Rose Ave Public Parking Lot have said this is meant to exclude RV, buses, and large vehicles, etc.
I am interested in learning about how this unfolded, who authorized the changes, and if it went before the commissioners?
Too many of us that are artists on Venice Beach are shocked and surprised by these actions as this will have a large impact on people that carry inventory, who are exercising their right to participate in the Free Speech Zone on Venice Boardwalk. It will remove them from their ability to earn a income which I believe is in violation of the Coastal Act; also, why is CVC 22658 which is titled removal from Private Property listed on the sign of a PUBLIC parking lot? Has the lot been sold by the City of LA?
If so who authorized the sale of the Public Parking lot?
- this will impact disabled persons that operate larger vehicles from entering the Rose Ave Public Parking Lot, which I believe is a violation of the Coastal Act;
- this will prohibit schools from field trips to Venice Beach since most transport the kids in yellow buses to tour Venice Beach since the bus will occupy more than one space;
- this will prohibit tourists in buses from visiting Venice Beach since most are transported in buses that occupy more than one space.
What authority is written in law that states on only space can be occupied?
When vehicles enter the lot that are oversized the operators pay for two spaces, this restriction will impact people that visit Venice in RV’s, as well as the people that work around Venice or use Venice Clinic for services, with no access to the beach using their vehicle, I believe, is a violation of the Coastal Act.
And I have other concerns but that should kick off the topic for some much needed answers.
V C Section 22658 Removal From Private Property
I can reached at 310 272 0949 as well as email. Thank you for your prompt attention to this manner.
State Assembly 2010 Candidate, 53rd District
Green Party of California
Vote Lisa Green Nov 2, 2010