UN QUESTIONS U.S. ON POLICE HARASSMENT OF LOS ANGELES HUMAN RIGHTS ACTIVIST

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Many living within America’s borders assume or believe that human rights violations simply don’t exist. How easily many people turn a blind-eye to those things we experience on a daily basis (hunger, homelessness, economic insecurity, joblessness, etc.) at home and instead point the finger at some far and distant place and condemn the human rights violations happening there.

We are humbled by the United Nations taking the case of General Dogon and the Los Angeles Community Action Network seriously and conducting an investigation. We are appalled that the United States government, the self-proclaimed beacon of democracy, has refused to reply/comply with the investigation. The Los Angeles Police Department and City Attorney have spent considerable resources in their attempts to silence General Dogon, LA CAN, and other organizers and activists – so they surely have the resources to collect information requested by the United Nations and respond in a timely manner.

More and more community organizers and activists in the United States face growing and intensifying surveillance, arrest and other human rights violations when attempting to exercise their constitutional rights and redress their government. Many of the tactics employed by law enforcement harkens back to more sinister times in US history. Remnants of Cointelpro, the Black Codes and Red Squads exist today and attempts are being made to use this as standard operating procedure.

If you are wearing an orange t-shirt bearing the words LOS ANGELES COMMUNITY ACTION NETWORK, the repressive rubber meets the road rather quickly. In an attempt to silence and stop LA CAN’s work, our leadership has been blatantly targeted for a number of years. False arrests, constant civil rights violations, and the spreading of lies have characterized the strategy employed by the state. However, much to their chagrin, it has not proved effective because the influence of the organization continues to grow.
General Dogon’s social change work ethic and consistency has been long recognized by the LAPD. His leadership in the community and ability to connect with a broad array of people has been a chief concern for those wanting poor people to simply shrink away into the night and disappear. LAPD and the City Attorney took a “by any means necessary” approach to squash and silence his courage and leadership before it spread to other poor people and encouraged their participation.

Amidst numerous detentions, arrests, and protracted court battles where General Dogon faced life-sentences for his leadership and organizing, his commitment to the idea of human rights never faltered. This week, he and others throughout the world who have been unjustly targeted will at least receive an open hearing on an international stage, with a reiterated demand for the US Government’s response.

Message to the City of Los Angeles: Protect Our Health, Clean Our Streets, Don’t Destroy Our Personal Property

The City of Los Angeles continues to play a dangerous game of “legal chicken” with the health of Skid Row residents. Over a number of years, Los Angeles has removed trash receptacles, portable toilets and just about anything that could provide a bit of humane comfort to those marginally housed. The LAPD simultaneously employed a strong-arm approach — taking and destroying items they deemed were “items of comfort”  and insisting that those things make it easier for people to live on the streets.  They forget to add, however, that shelters, transitional housing, and permanent supportive housing is maxed out and literally there is no room at the inn.

Unfortunately this is not a new occurrence in Los Angeles. Dating back to the 80′s Los Angeles has been engaged in the  practice of taking personal possessions, destroying them and  winding up in court as a result. Each time the court has reinforced Constitutional protections and has given Los Angeles clear instructions on how to enforce issues related to health and safety concerns, without illegally taking personal property. The injunction issued by The Honorable Philip S. Gutierrez is no different.

Los Angeles’ response to the recent injunction has been mean spirited and misguided, namely the outright refusal to clean streets and pick-up trash. Community residents have long cleaned Skid Row streets in the absence of consistent cleaning and trash collection. OG’s in Service have long enlisted the support of residents, arming them with colorfully painted trash cans and brooms, in hopes of supplementing the City’s infrequent collection. Residents forced to live on the street also clean their areas and place debris in the reach of skip loaders in the event they actually show up.

But these days they rarely show up. That is until the Department of Public Health showed up and cited the City of Los Angeles for numerous health code violations.

Tenants Win Preliminary Injunction Against Owners of the Huntington Hotel for Discrimination and Illegal Rents

Attorneys at the Legal Aid Foundation of Los Angeles and Steptoe & Johnson, LLP  won a preliminary injunction yesterday that enjoins the Huntington Hotel owners from discriminating on the basis of source of income, disability and age.

The lawsuit was filed in December, 2011 on behalf of four displaced tenants and the community organization the Los Angeles Community Action Network (LA CAN) . The Huntington owners, who bought the 200 unit building in September 2010, had displaced all but two tenants. After renovating the units, they are leasing up the property, but have refused to accept applications from anyone on public benefits, including testers sent by LA CAN.

The Court found that plaintiffs “submitted ample evidence that the Huntington has engaged in a practice of violating fair housing laws by discriminating against persons based on their source of income” and also that plaintiffs submitted “credible evidence that defendants have discriminated against elderly and disabled tenants.”  Becky Dennison of LA CAN explained: “LA CAN members with disabilities had been turned away from the Huntington, being told the building was only for working people and students.  Not only is this illegal, but completely disregards and disrespects the large community of people with disabilities in great need of housing in Skid Row.”

Plaintiffs had won a previous preliminary injunction that enjoins defendants from renting 50 units for market rates because under a city law, the rents cannot be increased above the amounts they were at while the building was in the Rent Escrow Account Program (REAP).

However, defendants have stated that they will not rent the lower priced units for a year until they are lawfully entitled to charge higher rental rates. “Los Angeles faces a shortage of affordable housing options, especially during these tough economic times,” said attorney Fernando Gaytan. “This landlord’s decision to purposefully keep this valuable affordable housing off the market when it is most needed only exacerbates the city’s housing crisis.”

Police Commission Finds that Dale Garrett Shooting Last Year was Not Within Policy – But True Justice for Police Murders is Hard to Find

Dale Garrett was shot and killed by LAPD in the Skid Row community last year at this time – the anniversary of the police murder is this coming Thursday.  LA CAN members and other community members will be holding a vigil in his honor calling for the end of police murders and abuse, and accountability for officers.  The vigil will take place on 5th and Spring Streets at noon – PLEASE JOIN US!

Two weeks ago, the Police Commission finally heard the results of the use of force investigation.  Dale was actually shot twice in the back.  Just as witnesses – many of whom were LA CAN members who came forward to provide testimony – had earlier claimed, the shooting was found to be out of protocol by the Commission – though Chief Beck and the Inspector General found it to be within protocol. The Commissioners found:

“In conclusion, Detective A and B’s failure to follow proper protocols or to operate in a manner consistent with Department tactical training, by having and communicating an operational/tactical plan, to include support personnel, unjustifiably and substantially deviated from approved Department training.”

“In conclusion, the BOPC found Detective A’s lethal use of force to be out of policy.”

Although the Commission took this unusual action to overrule the internal report (they find the large majority of shootings to be justified, though communities know this isn’t true), Chief Beck gets to decide the discipline for these officers.  And the LA Times reported recently that Beck has not been strongly disciplining officers for unjustified shootings – otherwise known as police murders.

While LAPD continues to enforce the most minor violations against poor residents in downtown LA -  sending people to jail for sitting on the sidewalk – their officers are allowed to commit major violations, even kill people, without any consequence.  LA CAN believes criminal charges should be pursued in this case and we will continue to demand police accountability throughout our community – to the policy makers and on the streets.  Stay tuned.

Joel Rubin of the LA Times reported on this today:

http://www.latimes.com/news/local/la-me-lapd-shooting-20120507,0,5626899.story

The public version of the use of force report is here:

http://www.lapdonline.org/assets/pdf/042-11_%20Central%20_OIS.pdf

Estella Lopez and CCEA Continue Their Misinformation Campaign

Last week, The Los Angeles Times’ published an editorial (“L.A.’s skid row property rights”) calling out City Attorney Carmen Trutanich and his “misguided use of resources” in trying to overturn a recent federal court decision that bars the city and LAPD from seizing/destroying the property of homeless residents living in Skid Row.

On February 28, Estela Lopez (Executive Director of the Central City East Association) issued a problematic response (“Skid row: Hoarding trash on sidewalks isn’t a right”) that was riddled with misinformation and straight out lies. She continues to mischaracterize and demonize our community in the media.

To be clear, Estela Lopez and the CCEA do NOT speak on behalf of Skid Row residents – housed or homeless. The CCEA represents downtown L.A. businesses that pay Lopez and her organization to advocate on their behalf.  If her concern for housed Skid Row residents expressed in the editorial were real, she could work with residents on solutions instead of blaming us for our community’s problems.

In her response, Lopez states “those who are critical of this injunction don’t dispute the right of the homeless to have personal property.” However, that is precisely the position taken by the City of Los Angeles at the behest of those interested in removing poor people from downtown Los Angeles. Leading the charge has been  Los Angeles City Attorney, Amy Field  who has openly in her arguments to the 9th Circuit Court of Appeals, fought against the notion of property rights and due process in Skid Row.

In an exchange with judges, Ms. Field stated “I’m not conceding that they [homeless residents of Skid Row] have a constitutionally protected property right. In fact, that’s my point…that they don’t.” (Hear audio of this quote and others HERE)

Then Lopez concludes her shallow rebuttal by stating that the injunction “is about whether it is safe, sane and civilized to allow limitless and hazardous possessions to occupy the sidewalks that belong to everyone,” which is a blatant misstatement of fact. The injunction does NOT allow for limitless OR hazardous possessions on the sidewalk.  In fact, it expressly states that property that presents an immediate threat to public health or safety CAN be seized.

Ms. Lopez, Skid Row residents are perfectly capable and speaking for themselves – and they do it every day in their fight for an equitable community that values long-time low-income and homeless residents.  Your version of our community only perpetuates myths and stereotypes.

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The specific directives in U.S. District Judge Phillip S. Gutierrez’ ruling state that the City, and its agents and employees, are enjoined from:

“1. Seizing property in Skid Row absent an objectively reasonable belief that it is abandoned, presents an immediate threat to public health or safety, or is evidence of a crime, or contraband; and

2. Absent an immediate threat to public health or safety, destruction of said seized property without maintaining it in a secure location for a period of less than 90 days.”

Therefore, the injunction in no way instructs the City of Los Angeles to stop picking up trash. Nor does it stop LAPD from enforcing laws that regulate appropriate sidewalk access or from taking property that presents an immediate threat to public health or safety, or is evidence of a crime.

What the injunction actually does is bar the city from seizing and destroying the personal possessions of homeless residents.

“I’m not conceding that they have a constitutionally protected property right. In fact, that’s my point…that they don’t.”

On February 8, 2012, the U.S. 9th Circuit Court of Appeals (see photos below) heard arguments from the L.A. City Attorney’s Office in its appeal for an overturning of a recent federal court decision that bars the city’s Bureau of Street Services and LAPD from seizing/destroying the property of homeless residents living in Skid Row.

Here are a few selected audio clips that capture the City Attorney Amy Field’s arguments against the preliminary injunction, which include the position that homeless individuals do not “have a constitutionally protected property right.”

Click HERE to hear a full recording of the case.

Today, The Los Angeles Times published an editorial calling City Attorney Trutanich’s ongoing efforts to overturn the injunction “a misguided use of resources.”

The City Attorney’s Office is currently awaiting a response to their appeal. Check back soon as we will be posting the Court of Appeal’s decision as soon as it is released.

“Tenants File Lawsuit Against Owners of Downtown Hotel”

Tenants File Lawsuit Against Owners of Downtown Hotel

By a MetNews Staff Writer
Thursday, December 15, 2011

Attorneys at the Legal Aid Foundation of Los Angeles and Steptoe & Johnson, LLP yesterday announced that they have filed a lawsuit against the owners of a downtown hotel on behalf of displaced tenants and the Los Angeles Community Action Network.

The attorneys claim the owners of the Huntington Hotel—Rodney Goldberg and Richard Stromberg—evicted a majority of the existing low-income tenants after they bought the building in September 2010. The long-troubled building at 752 S. Main St. has been the subject of similar litigation under prior ownership.

These tenants, the majority of whom were disabled, were evicted without proper service, usually not finding out about the eviction until the sheriff was at their door, or harassed into leaving with far less than the legally required relocation amount, the attorneys contend.

Named plaintiff Edward Mason, who is recovering from colon cancer, allegedly was harassed and threatened until he felt he had no choice but to leave. He was given only $3,500, even though he was legally entitled to over $18,000, he alleges.

The complaint also asserts that the Huntington in October began showing the renovated property to prospective tenants, telling them that rents went as high as $1100 even though rents cannot be increased above the level they were at while the building was in the Rent Escrow Account Program, which averaged about $500.

The lawsuit seeks to restrain the Huntington from leasing up until the legal rental amounts can be determined, and to permit displaced tenants who were wrongfully evicted back into their units.

Becky Dennison, co-director of Los Angeles Community Action Network, warned that the Huntinton’s 200 units “ will be lost to the low-income community if we don’t stop this now,” as “our members and longtime Huntington residents can’t afford the illegal rents.”

Barbara Schultz,  directing attorney of LAFLA’s Housing Unit said she was “shocked that despite our recession and its impact on our poorest and most vulnerable citizens, these actions continue to be taken  by landlords and owners.”

She vowed that her organization “will continue to fight to preserve affordable for poor and low-income tenants.”

November/ December 2011 Community Connection NOW AVAILABLE!

Click on the photo above to read the November/December 2011 Edition of the Community Connection
(or download a PDF version HERE).

Drug Policy Reform Conference calls for an END to the FAILED Drug War!

On November 3^rd The Bonaventure Hotel in Downtown LA was filled with more than 2,200 “No More Drug War” warriors all intent on stopping a war that has ravaged our communities. The gathering reflected a truly diverse audience that included, law enforcement, medical professionals, formerly incarcerated people, conservatives, liberals, Hollywood celebrities, impacted residents, and the list goes on and on.

Kicking off the convention was Lieutenant Governor Gavin Newsom, followed by LA CAN’s Pete White, NAACP’s Alice Huffman, former New Mexico Governor and Presidential Candidate Gary Johnson and Drug Policy Alliance Executive Director Ethan Nadleman. It was clear that the morning would be like none other with all speakers, in no uncertain terms, calling for the end to the failed drug war.

Please check out the links below for press coverage of the event as well as the Op-Ed piece written by Pete White that appeared in the Los Angeles Daily News.

And, return soon to view video of the powerful rally and concert held at MacArthur Park’s Levitt Pavilion.

Lastly, stand up today to STOP the failed drug war!

“Responding to a Social Emergency: Drug Policy Reform Conference”
by John Lindsay-Poland

“International Drug Policy Reform Conference Kicks off in LA”
by Ellen Komp

NO MORE DRUG WAR: A Rally & Concert to End the War on Drugs, Thursday, November 3, 2011

Do you believe the war on drugs has failed? Join national reform leaders, elected officials, victims of the drug war, medical marijuana patients, students, and thousands of people who simply believe the war on drugs is doing more harm than good. Featuring local musicians and spoken word artists, this event acknowledges President Nixon’s declaration of the drug war 40 years ago and demands an exit strategy from this unwinnable war. Protest punitive, inefficient, and biased drug policies. Support health-centered alternatives.

For more information:
http://nomoredrugwar.org/content/no-more-drug-war-rally-concert-end-war-drugs
https://www.facebook.com/event.php?eid=278047215558009