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Venice Update

News of Venice, CA and Marina del Rey CA

Busch Tries to Get Citizens Arrest for Two Safe Team Members of BID


(Photo courtesy of Rick Swinger.)

David Busch is standing outside his tent talking to police about 8 am Tuesday morning, trying to get police to do a Citizens Arrest on the two-member Safe Team that operates in coordination with the Business Improvement District (BID).

Safe Team members have been reminding homeless sleeping on the street that they have to put their tents down and move on after 6 am.

Homeless and their belongings are suppose to be off the sidewalks between 6 am and 9 pm. Police have been lenient with the homeless in allowing them to keep many of their possessions on the sidewalk. A tent still in place is not acceptable. This is in conjunction with the Jones Settlement.

Legal Issues Cloud the Cleanup of the Homeless Encampments at El Pueblo and Venice

Carol Sobel, civil rights attorney and resident of Santa Monica, “filed a federal law suit asking the court to intervene in camp cleanups in Venice.”

“The lawsuit followed a letter from attorneys with the Legal Aid Foundation of Los Angeles warning of the ‘serious constitutional questions’ with the special zone enforcement,” according to LA Times article.

The LA Times article.

One of the questions posed by Venetians at the Town Hall was “How would the Mayor cleanup encampments after a Bridge Housing system is implemented in light of the letter sent to him by the Legal Aid Foundation. What would this mean to Venice. Would Venice have even more homeless.

Now Sobel is upset with the way Venice does the cleanup of encampments in Venice.

City of Boise, Idaho Appeals Ninth Circuit Overnight Camping Case

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The case at the Ninth Circuit Court of Appeals that put a blanket “bed for the homeless” ruling similar to the Los Angeles Jones Settlement is being appealed by the City of Boise.

The Court of Appeals decision effected states shown. The decision was made last month.  Los Angeles has been at the forefront of the “bed for the homeless” with the Jones Settlement  since 2007.

Court of Appeals Says Homeless Can Sleep on Public Property if Shelter Beds Not Available

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US Ninth Circuit Court of Appeals territory says one may sleep on public property if there is no available shelter bed available.
 

The US 9th Circuit Court of Appeals says homeless cannot be cited for sleeping on public property when there are no available shelter beds, 4 September. The court says it violates the US Constitution’s eighth amendment of cruel and unusual punishment being inflicted.

This further solidifies what Councilman Mike Bonin has stated in reference to the Jones Settlement. The Settlement states that after meeting the requirement of 1250 units of permanent supportive housing, the Jones Settlement would be removed. The number of units is so few compared with the number of homeless in Los Angeles, Councilman Bonin said the City would be back in court.

The court of appeals referred to availability of a bed for each homeless person. All the states within the ninth circuit are now in the same situation as Los Angeles.

Mayor Eric Garcetti’s plan to “discourage” those homeless in encampments who refuse his Bridge Home plan may be questionable. The court doesn’t mention “refusing” to accept a bed  with a plan that leads to permanent housing … it just says a bed and implies one for each person.   City Attorney Mike Feuer says he feels refusing the plan with a bed, is like refusing a bed.

See LA Times story.

Garcetti to drop Jones Settlement with caution

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The news of Mayor Eric Garcetti dropping the Jones Settlement and enforcing LAMC 41.18 spread like wildfire in the Venice Community Friday followed by Saturday’s  LA Times story with the Mayor stating that the building requirements for Jones had been met.

The Mayor did say this would be handled with caution and people would not be ticketed if there wasn’t some form of shelter available.  Implementation specifics are not known yet.  

The Jones Settlement  is an agreement the City made with the ACLU and others representing the homeless of LA.  It is basically a deviation from LAMC 41.18 that states 

LAMC 41.18. No person shall stand in or upon any street, sidewalk or other public way open for pedestrian travel or otherwise occupy any portion thereof in such a manner as to annoy or molest any pedestrian thereon or so as to obstruct or unreasonably interfere with the free passage of pedestrians.

Jones Settlement. The Jones Settlement allows people to sleep, loiter on the sidewalk except between the hours of 6 am and 9 pm.  The Jones settlement came about because there wasn’t sufficient housing.  The City off LA has met the requirement of 1250 units with 50 percent in Skid Row.  See Jones Settlement.

Regina Weller, executive director of the LAPD Homeless Task Force, checked in immediately with a positive note  stating “GREAT NEWS: A lift of the suspension would relieve the influx of people from other states coming into California, maybe persuade some people to go into the open doors of rehab, possibly prompt more to consider returning home to their families, reduce the amount of residential crime, and certainly reduce the amount of homeless-on-homeless crime, including rapes, and drug overdoses.”

Regina, who has been helping the homeless for years along with her husband Pastor Steve Weller, made the statement years ago that 90 percent of the homeless in Venice were transient and 75 percent were addicted.  Former LAPD captain Nicole Alberka had similar statistics.

George Francisco, president of the Venice Chamber of Commerce and vice-president of the Venice Neighborhood Council, said “We are happy to see that the city has taken steps to provide the mandated housing required under the Settlement. And while our hope is that the current announcement enhances safety and cleanliness on our streets, we will continue to support policies that increase the ability to provide housing for everyone.”

Will Hawkins, chair of the Homeless Committee of the Venice Neighborhood Council, had this to say: “This is a long time coming and a step in the right direction. If Mayor Garcetti’s Bridge Housing plan is going to have a chance to succeed in reducing homelessness this is the kind of enforcement that needs to be implemented. And that can’t be done as long as the Jones Settlement is in place.

“Ultimately, I believe we need an equal balance of services, housing and enforcement if we ever want to overcome this crisis. Its encouraging to me that the mayor is finally showing that he’s really serious about doing that.”

Mark Ryavec, president of the Venice Stakeholders Association, has advocated for some time that the Jones Settlement should be removed.

Jones Settlement Incentive to Come

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15 June 2018.  The Jones Settlement, basically, says that people can sleep on the sidewalks of Los Angeles from 9 pm to 6 am. They can do such until 1250 permanent supportive housing (PSH) units are constructed within the City of Los Angeles and at least 50 percent of those are located in Skid Row and/or greater downtown Los Angeles.  It is reproduced in its entirety Jones Settlement

Also they have to be 10 feet from an entrance/exit to a building, parking lot, loading dock. In addition, the police must give a verbal warning they are in violation of LAMC 41.18(d) and give them reasonable time to respond.

LAMC 41.18(D) states “No person shall sit, lie or sleep in or upon any street, sidewalk or other public way,” unless they were attending a parade.”

2007

In 2007 the American Civil Liberties Union (ACLU) took the City of Los Angeles to court. The Ninth Circuit Court of Appeals said the enforcement of the LA law against sleeping on the streets was unconstitutional. The City of Los Angeles made an agreement with the American Civil Liberties Union to allow people to sleep on the streets throughout the city as specified in the Jones Settlement. They said the police will not enforce LAMC41.18(d) between the hours of 9 pm and 6 am.

The Ninth Circuit Court of Appeals said it was a violation of the eighth amendment of the Bill of Rights which states: Amendment VIII — Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.

On the other hand, many feel that LA should have taken the decision to US Supreme Court, arguing that it had a compelling reason to prohibit people from sitting, lying or sleeping on sidewalks. It also could have changed the law. The ACLU gave up the ability to use the Ninth Circuit ruling as a precedent for future lawsuits, but they can still sue.  That was 2007.

2015

According to the Los Angeles Daily News (https://www.dailynews.com/2017/06/20/la-should-revisit-lawsuit-settlement-that-allowed-skid-row-conditions-everywhere-susan-shelley/) Los Angeles Housing and Community Investment Department reported that the requirements of the settlement had been met: 1,170 CH (chronically homeless) units had been built, including 656 in the downtown Skid Row area, with more under construction.  That was 2015.

The Venice Neighborhood Council has made repeated attempts to get the City to monitor, to report the number of units built, status of the Jones Settlement.

Taylor Bazley, Venice deputy for Councilman Mike Bonin, made a statement at the Venice Neighborhood Council  that because of the influx of homeless into Los Angeles, that the City felt any court decision would require a higher number  for compliance to the Jones Settlement. Time, more homeless, settlement agreement should be more.

On the other hand, many feel this created the incentive to come to Los Angeles thus increasing the number.  The question is: If one were homeless, or really not inclined to work, and one liked the weather and the comraderie, wouldn’t one come to Los Angeles? They started to come before Measure H and Measure HHH. Now Los Angeles promises to build new apartments for the homeless. In Venice they are taking valuable property less than a 1000 feet from the water for this housing.

The former police captain of the LAPD, Pacific Division said 90 percent of the homeless in Venice were transient. That meant they did come from, originate in Venice or even in California. The statement went on to state that 75 percent of the Venice homeless were addicted — drugs or alcohol.  This has been verified by  Homeless Task Force member Regina Weller.

2018

People are asking for an accounting. They are being ignored. They feel the laxity of the law and the promise of a new apartment is just too inviting.

The facts are here.  For Venice, they are not from Venice, not from California.  Even the LA County figures show a great percentage from out of state.

Chrysalis Workers Arrive, Video of 3rd, No Citations, and Rats

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By Rick Swinger,

I was happy to see these guys from Chrysalis of the Business Improvement District (BID), with a homeless lady helping, sweeping up 3rd Ave Wednesday.

Two guys were working hard sweeping and filling up these large trash bags full of pollution! These bags are destined for the city dump and not on our property or the Santa Monica Bay.

Below is a video of 3rd Ave, west side.

The police were going to cite campers on 3rd this week who were not in compliance with the law, but I saw none of it. According to LAMC 41.18(d) and Jones Settlement laggers are not suppose to sleep or sit on the sidewalks from 6 am to 9 pm.

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With the homeless now feeding the Norway Rats on 3rd, our neighborhood is threaten by these rats that are known to have pathogens that could transmit to humans via fleas. Norway rats in warehouses like Public Storage downtown have been tested by the Los Angeles County Health Dept Environmental Dept and have been shown to have these pathogens. A real threat for our neighborhood! Public Storage encampment must be shut down for the greater good of this whole neighborhood. Public Storage has had three “Notices to Comply” issued by the LA County Health Dept Environmental Division in the past 9 months and still has not been able to control their Norway Rat infestation! They have 1800 units and all this illegal dumping on 3rd of perishables, trash and bulky items lead to a pollution hazard for the entire Venice Beach region!

VNC to Discuss Obtaining Jones Settlement Housing Figures

Venice Neighborhood Council (VNC) will discuss the homeless committee’s motion to request Jones Settlement housing figures be supplied at the meeting Tuesday, 7 pm at Westminster Elementary School, 1010 Abbot Kinney Blvd.

May 2018 Board Agenda (1)

 

 

Orange County About to Get “Sobel” Effect?

By Darryl DuFay

Looks like Orange County is about to experience the “Carol Sobel” effect (Jones Settlement).  Encampments cannot be removed because the homeless can sleep where ever they want in a any public place.  They cannot be criminalized for not having a place to go.

Noticed that the cities of Santa Ana and Venice unsheltered homeless numbers are very close.  Venice has 943.  Santa Ana has 1,030.  However, that’s where the closeness ends.

Area (square miles)
Venice           3.1
Santa Ana    27.5

Population
Venice         42,000
Santa Ana   334,000

http://enewspaper.latimes.com/infinity/article_share.aspx?guid=52e48603-3fce-4322-816d-4f37eab1f72f

Tenter Moved to Driveway?

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(Photo courtesy of George Hesse.)

Tenter was in grassy area but moved to driveway and was told by police he could not park on driveway. He moved on.

According to LAMC 41.18(d)
(d) (Amended by Ord. No. 137,269, Eff. 10/21/68.) No person shall sit, lie or sleep in or upon any street, sidewalk or other public way.

Jones Settlement says LAMC 41.18(d) is enforceable with the exception of the hours from 9 pm to 6 am. But the 41.18(d) is enforceable at all times within 10 feet of entrances/exits to buildings, parking lots, loading docks.