Say it Ain’t So, Joe.

BELL’S VIEW--The other day a video posted on Facebook drew my attention. In it, a motorcycle moves in slow motion toward the middle of an intersection and a certain crash with a left-turning car. I could see where this was heading, but I couldn’t look away. I have no real desire to watch a motorcyclist pinwheel through the air and crash to the pavement (he survived, thanks to his helmet), but I watched anyway.

So many events I have seen I wish I hadn’t. I’ll never get the video of the Tamir Rice shooting out of my head. And I don’t suppose I should. Maybe this destruction of our illusions – the illusion that we can prolong our innocence through looking away – is the price we have to pay to bring any real change to the world. We live in in-between times, where one person’s truth is another’s lie. How can that be possible? I’ve never completely bought the old chestnut that there are two sides to every story. Tamir Rice was a thirteen-year-old boy playing in the park. I don’t care what the grand jury said. 

Another slow-motion wreck sucking my attention these days is the continuing saga of the Joe Bray-Ali (photo above) campaign to unseat incumbent City Councilman Gil Cedillo – the 70’s B-movie villain currently ignoring his constituents in Council District 1. As anyone following the story knows, Bray-Ali either had his character assassinated or his true identity revealed last week when LAist broke the story of Bray-Ali’s former career as an Internet troll. The story prompted Bray-Ali to publicly attempt to recreate John Hurt’s chestbuster scene from the first Alien movie. He apologized, but he didn’t do it. He’s only human, but he’s not that guy. He made mistakes, but he was only trying to do the right thing. 

Flailing, he revealed a few other juicy indiscretions (tax evasion, marital infidelity, and tagging, in that order) and promised to explain it all later as he blithely reassumed his campaign persona. Meanwhile, the old Joe came out swinging on a few Facebook threads, where he just couldn’t seem to help himself. In one, he trotted out a list of some of the crazy misdeeds (bigamy anyone?) of our current City Councilmembers, including Mike Bonin’s long-past meth habit. How, one commenter asked, is Bonin’s triumph over addiction comparable to your Mr. Hyde impression on Voat

How indeed? One truth has emerged: Bray-Ali’s Mr. Smith Goes to Washington shtick is not exactly the real thing. He’s brash, he’s bold, he’s – either – racist, sexist, and transphobic, or some kind of satirical anthropologist employing the awesome power of the n-word to move us all toward positive social change. 

The question remains whether Bray-Ali’s move-along, nothing-to-see-here approach can sweep him into the Council chambers on May 16th. A few prominent Bray-Ali supporters have jumped ship, while others have either drunk the kool-aide or just admitted they don’t care. I sympathize fully with the impulse to support the lesser of two evils. City Hall needs a shakeup. The question District1 voters have to ask themselves is: how much is too much?

Bray-Ali’s explanations have been satisfying only to the rubberneckers and the kool-aide drinkers. The pen, they say, is mightier than the sword, but, at this point, Bray-Ali needs to get hold of something sharp and cut out the rotten bits. Words just aren’t going to do it this time. As a proponent of the power of language, I’ve never felt so adrift. Debate has evolved away from a means of challenging ideas and into a method of silencing our opponents. Shame, humiliation, degradation, and name-calling – all dressed up as free speech – work only to drive speech into hiding, oblivion, or meaninglessness. Joe Bray-Ali has seen this process from both sides – from give and take – and now he’s in the fight of his life with the beast we’ve all been feeding since the turn of the millennium.

On May 16th, the voters in District 1 have a choice – but the choice is all Joe’s at this point. He needs to find a way to the other side of the wall he’s built for himself. And he needs to do it fast.

 

(David Bell is a writer, attorney, former president of the East Hollywood Neighborhood Council and writes for CityWatch.)

-cw

The Meaning of Bodacious Mendacity: CA Senator Bradford’s Bill to Keep ‘Lifers’ in Office

EASTSIDER-Mendacity is generally defined as “an act of not telling the truth.” It also has a bunch of helpful synonyms, like deceit, deception, falsification, fraud and lying. I think it is a great word, and according to the Cambridge Dictionary, “Politicians are often accused of mendacity.” 

After a great deal of searching, I believe that I have found the poster child for mendacity in the form of California Senator Steven Bardford, who recently introduced SB 163, which makes it easy for political candidates to live outside the district they want to represent. 

Obviously a great mind at work. The reason that we have residency requirements is that we have a new political class, the lifer elected officials who go wherever there are safe races after being termed out in their current gigs. The idea is that, at a minimum, an elected official should live and work in the district that elected him or her. You know, like the pre-term-limits days, when politicians actually had roots in the communities they represented. 

Well, no mas, and if Senator Bradford has his way, no penalty for living far away from the community you seek to represent. 

I am obliged to mention a few examples of elected officials who got in trouble over this. Yvonne Burke, of course, but she got a pass by declining to run again for office. Our very own Richard Alarcon (and his wife) who got convicted of perjury and voter fraud, but later got it tossed out by an appeals court on the grounds that the judge gave “improper jury instructions.” 

On the state level, Senator Roderick Wright got popped for the same thing, lying about where he actually lived. In this case, I guess the jury instructions were ok, because the appeals court upheld the conviction last year. 

While Alarcon and Wright are the poster children for this kind of behavior, they are far from the only ones. As the Sacramento Bee reported back in 2014, there’s a whole list of them.  

Most go unprosecuted, partly because of the fact these are not slam dunk cases, and I suspect most also get a pass because the District Attorneys who should prosecute these cases are elected officials themselves. Take a look at some of these unindicted conspirators in the Bee article. 

What’s even scarier is that the Federal Government, a fountain of legerdemain, simply finesses the whole idea that you should live with the folks you represent. Under their rules, you only have to live in the state where you are running for office. Logical for senators, but for gerrymandered congressional districts? C’mon. 

Under that rubric, Darrell lssa could run to replace Xavier Becerra in the 34th Congressional District special election. Or maybe McClintock. 

Actually, at the federal level running for office where you don’t live has become a favorite sport. Recently, Roger Hernandez ran from outside against Grace Napolitano, who won her own seat by running from outside the district. It’s enough to give a person a headache. 

My personal favorite is Tom McClintock, a seriously conservative republican from Ventura, who makes Rand Paul look like a lefty. Back in the 80s, he ran for office and became an Assemblyman and State Senator, until he termed out. I remember him as a forerunner of Howard Jarvis with his “no new taxes” stance, and in fact, they are joined at the hip to this day. 

Tom ran for almost everything in California outside of the legislature; Controller (1994 and 2002), the recall election over Grey Davis in 2003, and Lieutenant Governor in 2006 -- all unsuccessfully. Thereafter, he abandoned Sacramento. In a masterpiece of irony, Mr. McClintock, a self-stated arbiter of morality and ethics, went all the way up to Sacramento (actually the Gold Rush country east of there) to represent the 4th Congressional District. Long way from Ventura, and a great graphic example of what I’m talking about in residency requirements. 

The Takeaway 

The first question is whether or not this residency stuff is cheating. You bet it is, and it is an insidious craven kind of cheating, further insulating our elected officials from us, the troops. It also encourages the lifetime permanent politician class, since they can move from place to place depending on their best shot to have the lobbyists, special interests, and political consulting firms get them their next gig in the ladder of the lifer politician. 

In other words, this system blows a hole in the term limits laws akin to “the mother of all bombs.” 

People who we elect from geographically created districts are supposed to live in those districts -- hopefully to even work, live and play there. That provides the essential connection between us and those who govern us. Otherwise, they might as well all simply live in Sacramento, or Washington, or LAX, or in homes bought for them by lobbyists. 

I believe that by “legalizing” a felony, the author is guilty of compounding a felony to help out the political class -- thus eliminating any sense of actual physical connection to the governed. As such, I award Senator Steven Bradford the first Bodacious Mendacity award! And yes, it is a really, really great award. 

(Tony Butka is an Eastside community activist, who has served on a neighborhood council, has a background in government and is a contributor to CityWatch.) Edited for CityWatch by Linda Abrams.

The 1992 LA Civil Disturbance: Can’t We All Just Stop the Spin?

RACE RIOT OR NOT?-The 25th anniversary of the 1992 Los Angeles civil disturbance is at hand, and the corporate media again routinely portray this historic event as a race riot resulting from the acquittal of four policemen who viciously beat up Rodney King, an African-American motorist. The media then systematically report that inter-ethnic and police-community relations in Los Angeles are much improved. Case closed since another “riot” is no longer in the cards. 

But was this event really a race riot – not a class riot based on extreme inequality -- and have its underlying causes been truly ameliorated by overhauling the Los Angeles Police Department and reporting improved inter-ethnic relations? 

The answers do not just depend on facts. They also depend on which theory of racism you subscribe to. While the facts are extraordinarily complex, we do know the following: 

The civil disturbance lasted for three days, from Thursday, April 29 to Saturday, May 1, 1992, although the City of Los Angeles maintained curfews and marshal law until the following Monday, for a full five days. When the city lifted the curfew, there was short-term intervention by public agencies to aid residents and businesses whose structures were damaged or destroyed during the event. This was soon followed by Re-Build LA (1992-97) a private sector initiative whose legacy is 259 boxes of non-digitized files at the Loyal-Marymount University library. There was also the official Christopher Commission report, whose focus was the conduct of the LAPD, including police reform proposals. 

But there were no prosecutions related to the 55 people slain between Thursday and Saturday. The media suggested they were victims of random bullets or other rioters shot them during looting. Since there is no evidence for these suspicions, it is just as likely that police officers or merchants protecting their buildings and stores murdered these 55 people. 

Based on the number of people arrested, (between 10,000 -13,000 of whom 52 percent were Latino, 10 percent white, and 38 percent Black), wounded (4,000), deported (several hundred), killed (55), looted or torched buildings (4,000), lost jobs (40,000), and damaged property ($1 billion in 1992 dollars), this was the second most destructive civil disturbance in U.S. history. Only New York City’s 1863 anti-draft riot was larger! While the two events are similar in their length and damage, they have a major difference. Historians have extensively researched the 1863 insurrection in New York City, while, at least until its 25th anniversary, social scientists, public officials, filmmakers, artists, pundits, and journalists mostly ignored the 1992 Los Angeles event. 

It is the perfect example of a structured absence, an epochal historical event that has been methodically overlooked for a quarter century. In the language of George Orwell’s “1984,” it was flushed down the memory hole. 

Based on my reconstruction, LA’s 1992 civil disturbance moved through three stages

Stage 1 began in the late afternoon of Thursday, April 29, after the Simi Valley acquittals of the four police officers who attacked Rodney King. The response was largely spontaneous, beginning with several widely rebroadcast televised incidences of inter-racial violence in a largely African-American neighborhood. 

By the end of Thursday afternoon, looting and arson also began. It targeted particularly disliked stores and swap meets. Most ominously, an enormous cloud of dark smoke enveloped Los Angeles. In non-riot areas, such as West LA, pandemonium resulted. Nearly all employees left work early to join their families at home, picking up children at schools where teachers and staff refused to remain on-site. 

There were also more spontaneous events protesting the trial in different parts of the Los Angeles, mostly minority neighborhoods in south Los Angeles and Pico/Union, with pervasive political graffiti, typically “No Justice, No Peace." Demonstrators also targeted and torched overtly political targets. These included a military recruitment center, a City of Los Angeles multi-agency office that included an African-American LA City Council member’s field office, as well as many black-owned businesses. 

One of the most interesting political targets was a commercial center, WLCAC, funded through anti-poverty programs. Local residents physically chased its founder, Ted Watkins, through WLCAC’s grounds, but he managed to escape. 

By Thursday evening, on the streets of south Los Angeles, one of the locations where the rebellion began, a party atmosphere developed without any evidence of racial or ethnic friction, partially explaining why whites comprised 10 percent of those arrested. People were just people, partying on the streets, often sharing “free” consumer items grabbed from the stores. 

As for the notoriously brutal Los Angeles Police Department, they were stunned by events. They withdrew from the epicenter and only watched events. Likewise the Los Angeles Fire Department was overwhelmed, and it could not save many buildings. 

As a result, Los Angeles Mayor Tom Bradley declared Marshal Law and imposed a curfew, eventually on the entire city. He also requested intervention from the State of California and Federal Government. They responded on Friday, sending in the National Guard from northern California, as well as the California Highway Patrol, Federal marshals, police and sheriff brigades from many other jurisdictions, and Marines from Camp Pendleton. 

These complex events, though anecdotal, belie the media spin that Los Angeles had a race riot, similar to many American cities at the end of World War I, or a 1960s-style ghetto rebellion. 

Stage 2 was the second day, when 4,000 federalized National Guard troops arrived in Los Angeles to augment the overwhelmed Los Angeles Police Department and Los Angeles County Sheriff. Nevertheless, this is when most of the arson and looting took place. Near my house, in Los Angeles’ Miracle Mile area, I watched people ram a station wagon through an appliance store plate glass window and then fill up their car with TVs. 

I also remember hearing radio news reports about looting at a drug store on Western Avenue, north of the I-10, in what we now call Koreatown. The reporter described a completely multi-racial crowd consisting of Asians, Latinos, Blacks, and Anglos, all grabbing consumer goods off the shelves. It was during this second day that the civil disturbance spread over the entire Los Angeles metropolitan area, and also leapfrogged to San Francisco, Las Vegas, Atlanta, Tampa, Seattle, Toronto, Washington, DC, and even several European cities. 

Stage 3 appeared on Saturday, after most of the political protests and high intensity “discount shopping” subsided. At this point, organized crime joined the fray, targeting specific stores, such as Samy’s Camera, which was then located on Beverly Boulevard near LaBrea. At the camera store men armed with automatic weapons held neighbors at bay while they shot the locks off of the door. 

They then went into the store and selectively grabbed the most expensive camera equipment. By this time the entire city was under Marshal Law and police forces and federal troops patrolled the entire city until May 24, including areas that had or little or no demonstrations, looting, or fires. The press reported that the National Guardsmen’s rifles were loaded and aimed at pedestrians, with the safeties turned off, as they patrolled LA’s streets in military trucks. 

Saturday, by the way, was also May Day. Despite the enormous police and military presence, there were May Day rallies in Watts and in downtown Los Angeles, along with many smaller demonstrations focused on police misconduct and poverty issues. These events were highly political and were met with an enormous inter-agency police response, but no one was attacked or arrested for demonstrating. 

How do we interpret this story? 

Clearly, most press coverage continues to portray these events as a race riot. The total militarization of the civil disturbance was presented as efforts by elected officials to protect the public, not commercial property or institutions, even though much of the subsequent Federal and Rebuild LA aid efforts focused on rebuilding stores that had been looted or burnt down. 

Nevertheless, a look at immediate press coverage, such as the next issue of Newsweek, presented the uprising as a class riot, a conflict between have-nots and haves. It was only later that government and media spin machines repackaged this civil disturbance, with its major multi-racial class component, as a race riot, not an economic uprising suppressed by an integrated military and police response. 

Nevertheless, the overwhelming data and analysis confirms that the 1992 civil disturbance was primarily an urban rebellion focused on property, with strong political and economic components, not a race riot. The misperception that it was a race riot largely results from the several televised racial attacks at the very beginning of the events. Furthermore, by focusing on the ethnicity of burned-out merchants, rather than their economic role, many television viewers were also misled to believe that the attacks on their stores were racially based. 

Which Theory of Racism? The classic theory of race relations, developed by W.E.B. DuBois and Oliver Cox, dominated social science until the 1940's. It considered racism to be institutional. It originated with slavery and colonialism and evolved into laws maintaining apartheid and segregation, supporting ideologies and social-psychological attitudes (prejudice), and discriminatory acts, usually called bias and bigotry. According to this theory, the purpose of these laws and beliefs is to sustain economic exploitation in which some ethnic or racial groups are super-exploited. Because racism generates so much inequality and because this inequality then produces acts of individual and collective resistance, geographical segregation usually allows this resistance to be quarantined. 

According to this theory, prejudiced attitudes and prejudiced behavior, including racist mobs and pogroms, result from racism. They are not its cause. This theory, interprets LA’s 1992 civil disturbance as primarily a multi-racial urban rebellion directed against business and government institutions that the participants held responsible for economic exploitation and political repression. Scattered incidences of interracial violence were not the main event. 

The competing contact theory of racism presents the 1992 Los Angeles civil disturbance as a race riot in which the Simi Valley trial acquittal of white police officers provoked anti-white violence by African-Americans. This theory is based on ideas of supposedly innate ethnocentrism and xenophobia refined in the 1940s through such famous scholars as Gunnar Myrdal, author of An American Dilemma.” The contact theory has been the dominant theory in the field of race and ethnic relations ever since. It argues that racial and ethnic categories are obvious and self-evident to people. Individuals automatically know which ethnic or racial group they are in and what groups other people are in. They largely and “naturally” see the world divided into these various national and sub-national groups. 

Humans are essentially genetically hardwired to see their own group positively (ethnocentrism) and other groups negatively (xenophobia). When different groups have contact, these natural processes kick in. At the more benign end of the contact spectrum, prejudice spontaneously appears. At the extreme end, inter-racial or inter-ethnic contact results in violent race riots, sometimes even in genocide. According to this theory, contact produces “organic” prejudice resulting from people reacting negatively to obviously perceptible group differences. These prejudiced attitudes, in turn, result in prejudiced behavior, which aggregates into racist practices and patterns. 

In terms of Los Angeles, there are scattered facts that support the contact theory, such as the televised beating of a white, Latino, and Asian motorist. Others point to the burning of Korean-owned stores in many neighborhoods. 

As for the arson and looting, the same acts occurred in the 1965 Watts Rebellion, but then the target was another middleman minority, Jews. In both cases, scattered merchants were burnt out, with little evidence that their ethnicity, rather than their economic niche, was the cause of arson. 

Furthermore, in the case of 1992, many of the merchants who got burnt out operated in Latino neighborhoods, like Koreatown, which had nothing to do with Black grievances against the police. In fact, the 1992 statistics indicate that the LAPD arrested more Latinos than Blacks, yet the press never reported widespread friction between Latinos and Koreans. 

My conclusion is that the overwhelming data confirms that the 1992 civil disturbance was primarily an urban rebellion based on economic inequality, not a race riot. Newsweek was correct when they called it a class riot. Furthermore, the role of the police, reinforced by the corporate media for over two decades, was to stop the rebellion, protect property, and squelch its political dimension, not separate warring racial and ethnic groups. 

This leads to the next question, then. Could it happen again? According to the most recent public opinion poll, conducted by Loyola Marymount University, an increasing number of Angelinos – over a majority -- think another civil disturbance is likely to happen. According to the lead investigator, Prof. Fernando Guerra, “Economic disparity continues to increase, and at the end of the day, that is what causes disruption. . . People are trying to get along and want to get along, but they understand economic tension boils over to political and social tension.” 

Considering City Hall’s role in promoting economic inequality through real estate speculation, General Plan Amendments and Zone Changes benefiting property owners, wide scale demolitions and dislocation, and the resulting gentrification, the public is not apparently bamboozled by reports of LAPD reforms and feel good stories about ethnic fusion restaurants.

 

(Dick Platkin reports on local planning issues for City Watch. Progressive Planning published an earlier version of this article. Please send any questions, comments, or corrections to: [email protected].) Prepped for CityWatch by Linda Abrams.

-cw

Serving Their Corporate Masters: No ‘Full Disclosure’ in KPCC LAUSD Pension Reporting

EDUCATION POLITICS-One of the most disturbing and regrettable trends in today's news reporting is the systematic and often premeditated failure to even mention highly relevant facts that, if addressed, would cause the reader to come up with a completely different interpretation or conclusion. 

A recent case in point can be found in KPCC 89.3 FM reporter Kyle Stokes' article: What should LAUSD do about its ballooning benefits costs?  Stokes approaches this issue through the respective positions of incumbent LAUSD Board Member Steve Zimmer and his challenger, charter schools-backed opponent Nick Melvoin. He asks each how he would deal with the looming $13.6 billion unfunded health and other benefits package obligations, but nowhere in the article does he mention that, for the last eight years, LAUSD has been "dealing" with this problem by systematically and illegally targeting and removing (with fabricated charges) teachers at the top of the salary scale and/or others about to vest in expensive lifetime health or other retirement benefits. 

Approximately 93% of the thousands of teachers who have and continue to be targeted for removal from their senior teaching positions at LAUSD find it difficult to get others to believe that they did nothing wrong or that this kind of heinous, illegal behavior is even going on. People just don't want to think the LAUSD administration would have any motive for acting this way. 

If nothing else, the magnitude of how far in the red LAUSD is with its health and other benefits programs offers an even greater motivation for LAUSD to target its more senior, expensive employees. To quote the late Vito Corleone, "It's just business." 

And why hasn't the State of California gone after LAUSD to defend these senior teachers and other targeted certificated and classified employees? If (and more likely when) LAUSD goes bankrupt, it’s the State of California that will be left holding the bag to bail them out. This clearly represents a conflict of interest for the state when it comes to defending wrongfully charged teachers whose greatest actual "crime" is being too expensive.

But if LAUSD can save $60,000 a year in salary and benefits a piece by getting rid of high seniority teachers -- in an attempt to balance the benefits budget that is billions in the red and could bankrupt the system in the next two years -- then perhaps LAUSD’s reprehensible actions against its targeted employees will offer a compelling reason for someone in a position of legal or journalistic authority to ask what the hell is going on. After all, it's not as if LAUSD has made any attempt to hide what they have been doing. 

KPCC's Kyle Stokes feels compelled to disclose in his article that Professor Fernando Guerra of Loyola-Marymount, who he cites, is on the KPCC Board. However, when it comes to disclosing the significantly more relevant information about how much money KPCC receives from corporate-controlled foundations that are moving to privatize public education with non-profit charters run by for-profit corporations, that somehow is not worthy of discussion.

 

(Leonard Isenberg is a Los Angeles observer and a contributor to CityWatch. He was a second generation teacher at LAUSD and blogs at perdaily.com. Leonard can be reached at [email protected]) Edited for CityWatch by Linda Abrams.

 

25 Years After Rodney King, CA Judicial Misconduct Still Not Fixed

CORRUPTION WATCH-Twenty-five years after the 1992 LA Insurrection, we are deluged by retrospectives and analyses. Many of them are excellent. All ignore one of the bedrock causes – a corrupt judicial system. 

As some of the documentaries mention in passing, many Blacks believed that finally with the trial of the four police officers, there would be some modicum of justice. After decades of being harassed, beaten and railroaded into prison by a predatory police department, many believed that the Rodney King case would hold the occupying army to an accounting.   

The judicial system played a far greater role in causing the uprising than by merely moving the trial to a bedroom community of police officers. For decades judges in the criminal courts had been lynchpins in the abuse, unjust jailing, and murders of Blacks by “the system.” After the disgraceful judicial elections in 1986 where the public had thrown three justices off the Supreme Court for not killing enough people, trial court judges knew their careers were tied to a high conviction rate. While one appellate decision had tried to stop these abusive judges by limiting the use of lying jailhouse informants to railroad people into prison, the bulk of those judges were of like mind: “if they’re not guilty of this, they’re guilty of something.” 

While the “white” community still lives in denial of the corrupt nature of the judicial system, the Black community was (and still is) not so naive. That knowledge was a major factor in the explosion after the Rodney King verdicts. Even with videotaped evidence, the courts made certain that the police officers were set free. The Black community knew that calling the courts “halls of justice” was a mockery and a fraud. 

Back then, as now, society lived in denial. While the LAPD was an occupying force, no one would admit that the ring leaders of the predatory system were the judges who knew their careers were buttered on the side of brutalizing minorities. Judges did far more than look the other way at police perjury or the concealing of exculpatory evidence. Some judges engaged in witness intimidation and active collusion with assistant DAs in order to convict people without regard as to whether or not they were guilty. 

Many judges like Judge Jacqueline Connor had served as Assistant District Attorneys and were not only aware of the perjury and falsification of evidence -- they expected it, they encouraged it, and they engaged in it. When Judge Connor was upset that a witness in a case pending before her had rebuffed the DA’s demand that he commit perjury in order to support a falsified police report, Judge Connor lodged a bogus complaint against the witness with the State Bar. The witness happened to be a lawyer. Her State Bar complaint was structured to sound as if it had been made by the defendant, but she insisted that the State bar keep her identity a keep secret. 

After her bogus complaint was revealed as judicial obstruction of justice, the Commission on Judicial Performance found that it was fine for a judge to intimidate a witness in a case pending in her courtroom. That was after the 1992 Insurrection, but before the Ramparts Scandal, where the criminal court judges, including Judge Connor, again played a key role. 

The Christopher Commission Report covered-up the role that judges played in the years of civil rights abuses; everyone blamed only the LAPD. While there is no doubt the officers did many horrible things (like attempting to murder Javier Ovando  and when he was only paralyzed, prosecuting him for attempting to kill the police officers) the judges also played a pivotal role in the misconduct. They had the power to stop these gross injustices against Blacks and Latinos and others who displeased the police. Not only could the judges have held police officers who committed perjury responsible, they could have held the prosecutors who used perjured testimony liable for their misconduct. Instead, some judges showed prosecutors how to intimidate witnesses.

Mentioning the existence of corrupt judges has always been taboo. As related in a prior CityWatch article, some federal judges have recently begun a crusade against prosecutorial misconduct, but they also tippy-toe around the role played by California state court judges. Judge Kozinski indirectly blames the state courts by saying that they suffer from an “epidemic of misconduct” because judges “turn a blind eye” to misconduct. 

On both the criminal and civil sides, judges and justices do far more than “turn a blind eye.” They actively encourage and engage in hideous misconduct, turning the state court system into a capricious scourge on the Constitution in which no one can predict when an abusive judge will alter evidence, lie outright in his or her opinions to railroad innocent people, or intimidate attorneys into abandoning their clients. 

Federal Judge Jay S. Bybee, in writing his concurring opinion in Curiel v Miller, (2016) 830 F.3d 864, suggested that the California Supreme Court needs a new composition, beginning with a new Chief Justice. Leopards do not change their spots and criminally abusive judges and justices of the California judiciary are not going to reform themselves.   

Will the corrupt judiciary result in another insurrection in South Los Angeles? Probably not. Much of the Black community has dispersed to the Inland Empire and north to the Newhall area, if not completely out of state. The area is now heavily Latino. To the extent it has “illegals,” the community knows the necessity of keeping a very low profile. Garcetti’s gentrification should soon further decimate the community, but that does not mean that judicial abuse will stop. 

Just because certain demographic changes indicate that LA won’t have the same reaction in the same place where it occurred in 1967 and 1992 does not mean society itself is safe from a corrupt judiciary. Wherever they live, minorities and the poor will be disproportionately victimized by abusive judges. Others are foolishly naive if they think that a lighter shade of skin makes them safe from the same judicial injustices.

  

(Richard Lee Abrams is a Los Angeles attorney and a CityWatch contributor. He can be reached at: [email protected]. Abrams views are his own and do not necessarily reflect the views of CityWatch.) Edited for CityWatch by Linda Abrams.

Driving Alone Hits a High in ‘Post-Car’ City of Los Angeles

TRAFFIC WATCH--According to The New York Times, the car used to be “king” in the city (municipality) of Los Angeles. “'A Different Los Angeles', The City Moves to Alter its Sprawling Image,” was another story that seeks to portray the nation’s second largest municipality as having fundamentally changed.

Following this now popular meme, a Slate story in 2016 referred to Los Angeles becoming “America’s next great transit city.” Los Angeles has surely become America’s greatest transit tax city, with Los Angeles County voters in 2016 approving a fourth half-cent sales tax increase principally for transit since 1980. Yet transit's market share has fallen, not only in the nation's largest county but even in the city of Los Angeles.

The Ascent of Transit: A False Narrative

The Los Angeles political establishment and media is virtually unanimous in its praise for the now quarter century old rail system. Yet, despite more than $15 billion being spent on rail transit the already meager levels of transit commuting in the city have fallen further, while solo driving has risen to an all time high. Unless platitudes are more important than results, rail’s success is a false narrative. People are driving more and using transit less according to the American Community Survey for 2015.

The share of city of Los Angeles residents commuting by transit fell from 11.2 percent in 2010 to 9.5 percent in 2015 (Figure 1, note truncated axis). The 2010 figure was the highest decennial census year transit figure in the period starting in 1980. Just five years later, in 2015, however, the city of Los Angeles transit commuting share had fallen below 1980 levels.

In 1980, 10.8 percent of the city’s commuters used transit, a figure that fell to 10.5 percent just before the initial Long Beach “Blue Line” opened in 1990. While new light rail lines and the Metro (subway) line opened after 1990, transit’s market share fell further, to 10.1 percent by 2010. During the 2000s, transit commuting rose 1.1 percentage points to the 11.2 percent figure, propelled by unprecedented gasoline price increases. But progress was short-lived as the share dropped to 9.5 percent in 2015.

City of Los Angeles Surge in Driving Alone

At the same time, commuters were turning even more to driving alone. In 2015, 69.8 percent of work trip access was by solo drivers. This represents a substantial increase from the 66.8 percent drive alone share in 2010. From 1980 to 2010, driving alone edged up slightly, much less than the increase in the last five years. In 1980, 65.1 percent of commuters drove alone. In 1990, a nearly identical 65.2 percent drove alone. In the last five years, driving alone has risen more than the entire previous 30-year increase in the city of Los Angeles.

The news could get worse. According to new American Public Transportation (APTA) data, total ridership on all Los Angeles County MTA services dropped more than five percent from 2016. The APTA reported decline is astounding, since the highly touted extension of the Expo light rail line to downtown Santa Monica opened in 2016. Even more astounding is that the expensive, at least seven line (counted at radial line ends plus the transverse Green Line) system has added not a soul to transit ridership on the Los Angeles MTA bus and rail system since 1985. Not all MTA service is in the city of Los Angeles, however, the APTA data could presage a further transit market share decline in the city with the American Community Survey data due in the Autumn.

All of this is consistent with the larger trend in the Los Angeles metropolitan area (which includes Los Angeles and Orange Counties). Overall, the transit work trip market share in the metropolitan area fell from 6.1 percent in 2010 to 5.1 percent in 2015. The MTA 2016 decline is likely to push this figure lower.

The Illusion of a "Different Los Angeles"

Yet to read the press and media accounts in Los Angeles, one might be inclined to believe an alternate reality that LA transit is ascendant.

Christopher Hawthorne, who teaches urban and environment policy at Occidental College told The New York Times that the recent defeat of a development moratorium, along with approval of the transit tax and an affordable housing measure is “a very clear statement from the voters that they want a different Los Angeles.”

The voters may want a different Los Angeles, but apparently commuters are sufficiently happy with driving and have been for the more than a quarter century since rail transit was restored to Los Angeles. This is not surprising, since the average commuter can reach 60 times as many jobs by car in 30 minutes in the Los Angeles metropolitan area as by transit. (30 minutes is the average one-way commute time in the metropolitan area). Data is not available for the city of Los Angeles (see: “Access in the City”). 

However, it is a generally hopeless task for transit to be an alternative to the automobile, except for trips to and from the urban core (downtown and nearby). The reality is that it could take as much as the total income, every year, of a metropolitan area to provide transit that could effectively compete with the car throughout a metropolitan area for work and other trips.

Platitudes do not ride, people do. At least with respect to the implied transit ridership increases and forsaken cars, the “different” Los Angeles is an illusion, completely inconsistent with reality.

(Wendell Cox is principal of Demographia, an international public policy and demographics firm. He is a Senior Fellow of the Center for Opportunity Urbanism (US), Senior Fellow for Housing Affordability and Municipal Policy for the Frontier Centre for Public Policy (Canada), and a member of the Board of Advisors of the Center for Demographics and Policy at Chapman University. This perspective was posted originally at New Geography.

-cw

Ellis Act Evictions Now in City Council Crosshairs

DEEGAN ON LA-One of the city’s under-publicized scandals is the long-running shotgun marriage between city council members and developers using the Ellis Act to force tenant evictions throughout the city. 

Anyone that has been caught in this compact between developers and council members knows how devastating these evictions can be. They lead to despair, sometimes homelessness, and definitely serve to shut down affordable housing in neighborhoods since any replacement housing is priced at higher, market rate levels. 

Once today’s affordable housing is removed there will be no substitute -- just new housing at significantly higher prices. Once affordable rent-control housing is taken away, it is gone forever. 

A degree of unscrupulousness is evident and not surprising when you consider that, according to the Coalition For Economic Survival, “Ellis Act evictions are being done by developers who have owned the property less than a year…[and have] “been corrupted by large developers whose sole objective is to acquire rent-control housing, destroy it, evict tenants and replace the existing housing with high-priced luxury housing.” 

The Ellis Act is a three-decade old state law originally intended to help small landlords exit the rental business, but developers have figured out how to use it to drive their profit engines. Twenty-thousand rent-controlled units, home to low and moderate income tenants, seniors, disabled and working families, were destroyed between 2001 and 2016, according to CES. 

The long and abusive use of Ellis Act evictions throughout the city is reflected on this map that was created by the Anti-Eviction Mapping Project and the Coalition for Economic Survival. 

Could that be changing? 

Help may be on the way for tenants at risk of being evicted by landlords that use the Ellis Act, a state law with good intentions enacted in the 1980’s originally intended to help small landlords exit the rental business, but that has morphed into a device to vacate a building so it can be turned by developers into condos or market rate housing. 

Two motions passed by the LA City Council in the past couple of sessions may bring some order, as well as some relief for tenants. One, Motion CF14-0268-S5“to modify the Rent Stabilization Ordinance (RSO) in order to strengthen provisions relating to the enforcement of the Ellis Act and the preservation of RSO units,” was signed into law by the Mayor on April 19. 

The other is Motion CF17-0203, directing “the HCID (Housing + Community Investment Department) and the Planning Department to track the cumulative net gain/loss of affordable housing units [i.e. covenanted units and RSO units] in the City, and regularly post this information online as a public dashboard that includes cumulative data as well as annual and quarterly accounting.” 

There are currently 630,000 units stabilized with caps on rent increases and additional protections for tenants under the City’s Rent Stabilization Ordinance. That’s what will be tracked. 

Together, these motions and the apparent new understanding by council members of the crisis state of Ellis Act evictions should help ease anxieties by tenants that their housing will be swept away from under them. 

Both motions passed without dissent, although not all council members voted. The motion to modify RSO’s was introduced by Gil Cedillo (CD1) (in the heat of a very tight race to retain his council seat) and seconded by Mike Bonin (CD11). Council members Jose Huizar (CD14) and Joe Buscaino (CD15) were absent for the vote. 

Huizar may have missed one important vote, but was key in the second vote to track housing by introducing the motion that was seconded by Marqueece Harris-Dawson (CD8). All council members voted for that one except Paul Krekorian (CD2), who was absent for the vote. 

This more clearly brings into focus and lets the council members understand what tenants already know: that they are being squeezed out of affordable housing in neighborhoods they call “home.” To tell an evicted tenant there is “affordable housing” at another, more distant location, is not a viable solution. 

Time will tell how serious the politicos are about reining in the out-of-control developers. Council members Huizar and Cedillo serve on the Planning and Land Use Management (PLUM) committee (Huizar is chair) so they are in the catbird seats to be among the most vigilant observers and enforcers of land use and development in the city. Now, with these two motions, they have some added resources to protect renters.

 

(Tim Deegan is a long-time resident and community leader in the Miracle Mile, who has served as board chair at the Mid City West Community Council and on the board of the Miracle Mile Civic Coalition. Tim can be reached at [email protected].) Edited for CityWatch by Linda Abrams.

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