Saturday, February 4, 2012

Are L.A. City Attorney Carmen Trutanich & Councilwoman Bill Rosendahl Going TOO FAR by imposing 12 Midnight Curfew on RESIDENTS' Doorsteps? Los Angeles...CURRENTLY ENFORCING CURFEW ON L.A. CITY STREET, LIKE SOME OTHER COUNTRY!!!

[PICTURED: "Ocean Front WALK is CLOSED for ALL PURPOSES from 12m-5a, except as pre-approved by Rec & Parks Dept." If you LIVE on OFW, you are included.]


I think L.A. City Attorney Carmen Trutanich and L.A. City Councilwoman Bill Rosendahl have finally gone TOO far in how far they are willing to over-reach FEDERAL LAW in an attempt clean up their municipal mess, by once again, selectively enforcing something that is illegal, to begin with.

In case you hadn't seen, or heard, the City of Los Angeles, recently posted new signs along Ocean Front Walk (Venice Beach Boardwalk), imposing a new 12mid-5am curfew, all along the Los Angeles City portion of the street, including the bike path, that continues from Santa Monica, through the Los Angeles City portion. 


This decision was made without any advance notification to the public; no public hearings were held; and the signs were merely posted, with an explanation from the LAPD Lieutenant, at a neighborhood meeting, where residents were informed they could no longer walk or stand outside, on Ocean Front Walk, between hours of 12mid-5am, the next day. (The signs posted have it worded that way. So, first of all, the signs are confusing, because it says from 12mid-5am, the next day. 12mid and 5am, are the same day. Is it a 29 hour curfew?) 

But, besides the cost of making new signs, taking down the dumb/vague ones; and posting new ones -- residents were told they could not walk their dogs between the hours of 12m-5am (of the SAME day.)

And the law prevents anyone from walking down the street. 

This is not a curfew for just sleeping or loitering during those hours. You are not allowed to stand, walk or pace on Ocean Front Walk, during those hours.

Additionally, the beach is open 24 hours, according to the coastal commission; and this curfew prevents people from walking across Ocean Front Walk to the beach, which they have closed, as well.

In a recent article in Venice Beach Head newspaper (since 1968) quotes the coastal commission on this entire curfew, on a known thoroughfare/street; for emergency vehicles, pedestrians, and bicyclists (since the bike path is under the curfew, too.):


FEB 1, 2012
The city of Los Angeles has adopted a beach and Ocean Front Walk (OFW) curfew without getting approval from or even consulting with the California Coastal Commission (CCC).
“The city does not have any approval from the CCC to implement the ordinance,” said Charles Posner, Coastal Program Analyst with the CCC, when referring to LAMC63.44.B.14(b).
In a phone conversation with the Beachhead he went on to say that under the Coastal Act the city needs a permit for “any sort of curfews or restrictive ordinances that have such a negative impact on coastal access.” According to him, the CCC is negotiating with the city, trying to get them to submit to the permitting process and to work out a solution that “does not keep people from getting in the water.”
The curfew is in clear violation of the Coastal Act of 1976, according to which “the public should have 24 hour access to the beaches.” Ordinance 63.44 itself is not only not approved by the CCC, but it was considered to “constitute a violation of law exposing the responsible agency to possible enforcement actions” by Andrew Willis, District Enforcement Analyst for the CCC, in an August 26, 2010 letter directed to Mark Mariscal, the Superintendent of the Pacific Region of the Department of Recreation and Parks (http://www.freevenice.org/Beachhead/CCC-curfew-ltr.pdf)
The signs currently posted on OFW, supposed to announce the implementation of ordinance 42.15 regarding vending, start out by mentioning LAMC 63.44.B.14(b), which states that “no person shall enter, remain, stay or loiter in any park which consists of an ocean area, beach, or pier between the hours of 12:00 midnight and 5:00 o’clock a.m. of the following day.”


However, OFW is not a park, but Venice’s busiest street instead. It is a street according to the U.S. Postal Service, the Venice Specific Plan, and every city map.
http://freevenicebeachhead.wordpress.com/2012/02/01/curfew-may-be-illegal-restriction-of-access/ 
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The closure of the street between the hour of 12mid and 5am will force people to have to walk down the back alley (Speedway), parallel to Ocean Front Walk, which is used for vehicle traffic. This curfew will cause people to have to walk down a vehicle street, at night, in the dark, when many drivers are drunk, driving away from the bars in the area. 

As far as sidewalks, over a block away from Ocean Front Walk: It is unreasonable to make people have to leave the beach environment, of a safe walkway, with no cars or trucks FLYING past you, as you walk along a narrow sidewalk (already reduced in width from the original sidewalk plan to accomodate another lane of traffic), when the city is also being sued for not repairing sidewalk cracks, of which there are many VERY LARGE GAPS all along the sidewalk on Main Street, and is irrational to impose a curfew on a street, telling residents they may not stand on their door steps, or walk down the street past 12 midnight. And even if you are expected to leave the Santa Monica bike path, and bike onto the L.A. City bike path, painted on Main St, this week; THEY DID NOT WIDED THE STREET AND THE STREET WAS NOT DESIGNED FOR A BIKE PATH. The City of L.A. merely slapped a line on the street, creating a narrow bike path, on a now, even more narrow car lane. IT'S A DEATH ALLEY FOR A BICYCLIST! 

Bars, restaurants and coffee shops are open past midnight. People have to walk back from places that lead to Ocean Front Walk. And City of L.A. has effectively placed an electronic fence at city borders, with the irrational notion that people should just walk or bike down Speedway (back alley road used for vehicle traffic.) 

Residents live on Ocean Front Walk and their door step is on Ocean Front Walk. Under this curfew, they are literally prevented from entering or leaving their homes, to let their dog out, between 12m-5am. 

The police officer announced at a community meeting that if you live on OFW, AND, it is your ONLY access to your home, you will be allowed to walk to your home. How will LAPD know who is walking to their door, and who is just walking? And that is selective enforcement of a single municipal ordinance.   

As someone who is up till 3a-4a, a lot of evenings, and takes walks down that very OFW streeet; and rides my bike, to and from, the Washington Blvd side of OFW...I have 3 words for Rosendope and Trucommunich: GO FUCK YOURSELVES!

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