Posts Tagged ‘constitution’

On April 5, 2016 the Venice Coalition to Preserve our Unique Community Character (VC-PUCC) Led a Walking Tour Illustrating Their Lawsuit Against the City of Los Angeles’ Flagrant Disregard for Its Own Planning Policies

SaveVenice

Venice, CA: Tuesday, April 5th, 2016 – Acclaimed land use attorney, Sabrina Venskus, explains in detail the “Save Venice”  lawsuit to community members and media on a walking tour through Venice highlighting, not gardens, but over-sized construction that has relied on Los Angeles Planning Department’s illegal development approval procedures.

SUPERIOR COURT OF THE STATE OF CALIFORNIA, COUNTY OF LOS ANGELES CASE NO.:
BC 611549 – COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF FOR VIOLATIONS
OF PLAINTIFFS’ CONSTITUTIONAL RIGHT TO DUE PROCESS UNDER THE CALIFORNIA
CONSTITUTION (Cal. Const., art.1, para.7), THE CALIFORNIA COASTAL ACT (Pub. Resources Code, para. 30000 et seq.), THE VENICE LAND USE PLAN (Los Angeles Planning and Zoning Law), and CALIFORNIA CODE OF CIVIL PROCEDURE para. 526a

For years, the City of Los Angeles Planning Department has ignored planning and zoning laws regulating the Venice Coastal Zone. The City has approved huge development projects through the “Venice Sign Off” or VSO procedure, which effectively allows developers to side-step their responsibilities under the California Constitution to construct large developments without first notifying neighbors or holding public hearings regarding potential projects.

The City of Los Angeles Planning Department’s VSO procedure fails to ensure that developments comply with the Venice Land Use Plan requirements that all development respect the mass, scale, character and landscaping of existing neighborhoods. Additionally, the City of Los Angeles Planning Department has illegally issued hundreds of Coastal Exemptions, which has enabled developers to by-pass important protections imposed by the California Coastal Act.

As a result, huge construction projects have spread across Venice, substantially and irrevocably destroying the character, density, and charm of Venice neighborhoods; blocking airflow and sunlight; destroying vegetation; obstructing picturesque views; and eliminating affordable housing units in this fragile and unique coastal zone.

These projects have completely blindsided residents, who often do not realize that construction has been approved on their streets until bulldozers arrive at 7 a.m. and it’s too late to raise their voices. Today, the Venice Coalition to Preserve our Unique Community Character says enough is enough. It’s time for the City to honor Venice
residents’ Constitutional rights, comply with the law, and respect the neighborhoods and communities that make Venice unique.

HELP US SAVE VENICE – DONATE TO THE SAVE VENICE LEGAL DEFENSE FUND –

save-venice

CLICK HERE TO DONATE TO THE SAVE VENICE LEGAL DEFENSE FUND – THANK YOU!

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ORGANIZATIONS COMMEMORATE DR. MARTIN LUTHER KING JR.
BY HOLDING WEST COAST DAYS OF ACTION
FOR HOMELESS BILL OF RIGHTS

Los Angeles Action to be Held in Venice Beach


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Stay in touch with the Spirit of Venice — spiritofvenice.net

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9th Circuit Court of Appeals Heard Desertrain vs. City of Los Angeles; Looks Like LA City Living in Vehicle Law is Unconstitutionally Vague

December 6, 2013

VENICE RV

Pasadena CA, December 5, 2013— The Ninth Circuit Court of Appeals heard oral arguments today regarding Desertrain vs. the City of Los Angeles, a Venice Beach lawsuit.

The vagueness of Los Angeles Municipal Code (LAMC) 85.02, the city ordinance making it illegal to habitate in a vehicle, was the main topic for the oral arguments presented by Civil Rights Attorney Carol Sobel.

LAMC 85.02 was used during a concerted Venice homeless eradication effort. This effort included a special Los Angeles Police Task Force that arrested, towed, ticketed, and threatened homeless people accused of living in a vehicle.

The lawsuit was originally filed in 2010 alleging that the City of Los Angeles violated the Fourth, Fifth, and Fourteenth Amendments, and the Americans with Disabilities Act. The case was not successful in the lower federal court, but was appealed to the 9th Circuit Court of Appeals by Sobel.

The three judge panel especially questioned the enforcement criteria and lack of duration for LAMC 85.02. “The City Attorney had difficulty answering the questions posed by the judges” according to plaintiff, Steve Jacobs-Elstein.

Venice is a special coastal community historically known for the diversity of its population; a community known for acceptance and tolerance. It is home to one of the largest free clinics in the country and provides homeless services second only to the skid row area in Los Angeles.

As Venice property values continue to soar, comes an influx of newer residents who can afford million dollar buildings by the sea, and hardships increase for those who can no longer afford to be housed in the community.

Surely, with all this new wealth, better solutions can be created.

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Justice Committee & Media Group    http://www.justice.wetnostril.net

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.

Happy Holidaze:

Just a quick word to let you know there’s new news & views on the SOV website:

  • An RV Dweller’s Perspective – He may live in his vehicle, but that doesn’t mean he can’t be a good Venice neighbor
  • Video: Assistant City Attorney, Mark Brown, spoke with members of the Venice Boardwalk Ocean Front Walk Task Forcemeeting on Wednesday, Nov 10, 2010
  • VNC Town Hall on December 2nd!
  • …and more at: http://www.spiritofvenice.net

    Peace,
    SOV

    Stay in touch with the Spirit of Venice
    http://www.spiritofvenice.net

    The commission says cities’ nighttime closures are illegal without state approval. The first big fight is shaping up in Los Angeles, which says the panel has little authority over local statutes.

    The California Coastal Commission is taking aim at beach curfews established by cities up and down the coast, saying they are illegal without state approval and that people have a right to be on the sand whenever they want.

    The first major battle is brewing in Los Angeles, where the coastal agency has told the city that its longstanding midnight-to-5 a.m. curfew barring the public from beaches, piers and oceanfront parks from Will Rogers State Beach to Cabrillo Beach violates the state Coastal Act and must be relaxed.

    Coastal Commission Executive Director Peter Douglas said he’d like to forge compromises with Los Angeles and other cities for narrower curfews that would extend beach hours and grant exceptions for recreational activities while addressing proven public safety concerns. Already, Laguna Beach has changed its curfew rules since the commission raised objections.

    “There are a lot of people who want to use the beach, which they have a constitutional right to do, in the middle of the night,” Douglas said. “You don’t preclude the public from that use without a good justification — a good reason — and we have to be able to look at that.”

    The new push is likely to renew debate over coastal access, with beach cities arguing that the curfews are needed to ward off late-night crime on the sand. Coastal Commission officials argue that crime has dropped significantly in the last decade while demand for time on the beach has increased.

    City officials in Los Angeles said they had no intention of weakening a curfew that’s been on the books for decades. The city attorney’s office said that the curfew was meant to deter crime and that the state didn’t have the authority to challenge the statute. For complete story: http://www.latimes.com/news/local/la-me-beach-curfew-20101117,0,1192398,full.story

    Those of us who love Venice, and it’s eclectic unruly ambiance, are standing together to fight for our rights — and what may well be the last bastion of free speech — the world renowned Free Speech Zone on Venice boardwalk.

    Let’s restore the Free Speech Zone to it’s former constitutional glory as a first-come-first-served, no-permit/lottery public forum for Free Speech — protected by the First Amendment to the Constitution of the United States of America and Article 1, sec. 2 of the Constitution of the State of California.