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      "title": "Inglewood Begins Environmental Review Process for Clippers Arena Proposal",
      "body": "https://warrensz.me/wp-content/uploads/2018/03/inglewood-meany-discussion.jpg\n\n### First Community Meeting to Hear Public Input Met with Opposition\n\nThis past Monday, the City of Inglewood held a meeting to take public comment on a proposal to build the Los Angeles Clippers a basketball arena in Inglewood. The meeting, which took place at Inglewood City Hall, was the first official solicitation for input on the arena proposal. It featured the City Manager, Artie Fields, and various officials from the City Planning Commission.\n\nPrior to the meeting, Uplift Inglewood, a local community group, organized an “action” in front of City Hall to voice their opposition to the arena. About 25 individuals, many wearing matching T-shirts and buttons, crowded before the entryway, holding signs and discussing the proposal in a circle.\n\n“Today we want to make sure our voices are heard when it comes to this arena,” Woodson Curry professed before the crowd. Mr. Curry founded Uplift Inglewood in early 2016 to focus on citywide affordable housing challenges. “It’s not even about wanting an arena – we don’t need it!”\n\nThe action ended with a group photo and a series of chants, amping up the crowd just before the meeting’s commencement. Their energy faded quickly as they filed into the quiet, fluorescent-lit community room lined by glossy presentation boards with information on the arena proposal.\n\nAlongside a few city officials, a cadre of suited lawyers and public relations consultants filled the space, prepared to answer questions and begin the process of selling the arena project to the public. Inglewood Mayor James Butts and the City Council were not in attendance.\n\n---\n\n<div>https://warrensz.me/wp-content/uploads/2018/03/inglewood-jones-ena-768x577.jpg <em><strong>Royce Jones of Kane, Ballmer & Berkman law firm holds up the City’s Exclusive Negotiating Agreement with Murphy’s Bowl LLC, a corporation representing the Los Angeles Clippers.</strong></em></div>\n\n---\n\nRoyce Jones, a lawyer representing the City in negotiations over the arena, began the meeting with a “background note.” Holding up a print copy of the City’s Aug 15 amended Exclusive Negotiating Agreement (ENA) with a group representing the Clippers, he made a point of telling the public that negotiations are still open and that the ENA does not represent a finished plan.\n\n“What you will hear tonight is a flow from this particular agreement,” Jones said. “A lot of the terms of conditions have not been finalized, and this document does not constitute a project for the purposes of the California Environmental Quality Act.”\n\nHis remarks seemed tailored to defend against an ongoing lawsuit, which alleges the City – in signing that ENA – has made [commitments](https://warrensz.me/inglewood-aims-to-keep-clippers-arena-negotiation-documents-out-of-public-view/) to the Clippers without public input, violating the act Mr. Jones cited, known also as CEQA.\n\nFollowing Jones, Mindy Wilcox of the City Planning Division laid out the process for creating an Environmental Impact Report (EIR). Required by CEQA, this process involves analyzing the impacts of a proposed development – which can include everything from traffic effects to light pollution – and considering alternatives to that development based on public input.\n\nWhen the brief orientation was complete, it was time for attendees to give their commentary. Contrary to what many in the Uplift Inglewood camp had hoped, input was taken in written form, with no verbal exchange of dialogue. Though some were disappointed, others believed this format was for the best.\n\n“It’s probably better than a bunch of people yelling at each other,” said one woman upon finding out the format ahead of the meeting.\n\nBy about an hour into the gathering, most community members had finished their comment cards and left.\n\n> \"The overwhelming majority of people were here to talk about their disgust with what's going on.\" – Derek Steele, organizer for Uplift Inglewood\n\nChris Meany, a high-powered California real estate developer representing Murphy’s Bowl – a Delaware-based LLC owned by Clippers owner Steve Ballmer – said he was pleased by the turnout.\n\n“This is literally the first step in what will be a very intensive public process,” he told me as the meeting was winding down. “What we’re looking to see here is that there’s a good, robust engagement by the community. I think there was.”\n\nRegarding Uplift Inglewood’s pre-meeting action, Mr. Meany said he got the sense that Uplift’s priorities are fundamentally different from the Clippers project.\n\n<div class = \"pull-right\">https://warrensz.me/wp-content/uploads/2018/03/inglewood-no-clippers-sign-768x576.jpg <em><strong>A woman holds a sign protesting the Los Angeles Clippers building an arena in Inglewood prior to the first public meeting on the issue.</strong></em></div>\n\n“When I chatted with [people from Uplift Inglewood] what I didn’t get was so much any opposition to the Clippers arena. What I got is they would like to see more affordable housing and rent control in Inglewood and frankly, that’s just a separate issue.”\n\nSince Mr. Meany represents Murphy’s Bowl, I asked him about Inglewood Forward, which as I reported is an [astroturfing project](https://warrensz.me/clippers-pay-for-and-inglewood-city-government-advertises-website-made-to-look-like-grassroots-movement/) funded by the Ballmer-owned LLC. Mr. Meany admitted the group had paid for “various outreach exercises,” but said it was in response to outside groups “funding all this community work.”\n\nThis is the same claim [repeatedly made](https://warrensz.me/inglewood-officials-delegitimize-opposition-clippers-arena/) by Inglewood Mayor James Butts in reference to Uplift Inglewood and to Inglewood Residents Against Takings and Evictions, a group suing the City based on CEQA. In fact, in [press coverage](http://abc7.com/sports/clippers-planned-arena-sparks-inglewood-protests-/3211291/) of this meeting by ABC, Butts was quoted as saying he doesn’t know of “any residents in the state of California that are upset” about the arena project. This implies of course that any community-based opposition is illegitimate.\n\nDerek Steele, a 10-year resident of Inglewood and one of the major drivers behind Uplift Inglewood along with Mr. Curry and Inglewood school board member D’Artagnan Scorza, did not wish to comment on Mr. Meany’s remarks.\n\n“The overwhelming majority of people were here to talk about their disgust with what’s going on,” he said. “What I’m disappointed in is that we’re just now getting to the point where the public has an opportunity to give their point of view on the project itself … this should have happened way before this [meeting].”\n\nThe public can submit written comment until March 22, 2018.",
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      "title": "Clippers Pay For -- And Inglewood City Government Advertises -- Website Made to Look Like Grassroots Movement",
      "body": "https://warrensz.me/wp-content/uploads/2018/03/inglewood-forward-2.jpg\n\n### Mayor James Butts Accused of Hypocrisy Given Previous Allegations Against Opposition\n\nThere’s a clever term occasionally used in politics: “astroturfing.” Per an online [political dictionary](http://politicaldictionary.com/words/astroturf/), the word refers to “an artificially-manufactured political movement designed to give the appearance of grassroots activism” – akin to actual AstroTurf, which is artificial turf manufactured to look like grass.\n\nThe latest local example of political astroturfing involves the proposal to build a Los Angeles Clippers basketball arena in Inglewood. The city’s Mayor, James Butts, has [repeatedly alleged](https://warrensz.me/inglewood-officials-delegitimize-opposition-clippers-arena/) astroturfing tactics are [being used](http://campaign.r20.constantcontact.com/render?m=1118716803564&ca=e741c887-d7d5-4edf-a1d4-f367e9a4d26d) by community opponents of that proposal.\n\n<div class=\"pull-right\">https://warrensz.me/wp-content/uploads/2018/03/mayor-james-butts-facebook-post-2-576x1024.jpg <em><strong>Mayor James Butts repeatedly launches public attacks on his opposition similar to this one, posted to Facebook in early March.</strong></em></div>\n\nAs recently as the morning of March 9, 2018, he posted on comment on Facebook asserting, “there is a financed opposition to the Clipper project” that is “PAYING A FEW LOCAL PEOPLE TO AGITATE AGAINST [IT]” (caps not mine). In that comment, he specifically called out Inglewood Residents Against Takings and Evictions (IRATE), who sued the City in July 2017 to stop the arena project.\n\nThe Mayor’s claims have not been substantiated. But there’s now evidence that Mayor Butts himself has engaged in astroturfing and even used City resources to promote a deceptive website paid for by the Clippers.\n\nThe website in question, [Inglewood Forward](http://inglewoodforward.com/), features professional photos of smiling kids and Inglewood business owners. The header reads in part: “Inglewood Forward is a coalition of local residents, community leaders and business owners.”\n\nNavigate to the “[Who We Are](https://inglewoodforward.com/who-we-are/)” page and you’ll find rows of headshots, the majority of which are professionally taken. At first glance, they appear to be a group of Inglewood residents who have come together to support a shared agenda. But a closer look reveals about a quarter of the people shown are either paid by the City government or are appointed by the Mayor and City Council to various governmental commissions. Several others are current or former members of the Inglewood Airport Area Chamber of Commerce Board of Directors, a business advocacy group that works closely with the Inglewood city government.\n\nMayor Butts features prominently on the website and on a glossy mailer that was sent to Inglewood residents. In speaking to individuals affiliated with Inglewood Forward, it seems the Mayor was important in bringing the project together. One person called him the “major player” behind Inglewood Forward, while another said he “chose” people to join. Indeed, some parts of the website read like PR for Mr. Butts.\n\n> “Usually there is a significant amount of distance between the policymakers and the people who are running these campaigns … Putting it on a city government website is something I don’t know if I’ve seen before.\" – Edward Walker, author of <em>Grassroots for Hire: Public Affairs Consultants in American Democracy.</em> \n\n“The city audited and revamped its Residential Sound Insulation Program after Mayor Butts took office in 2011. It is now the number one program of its kind in the nation, having successfully insulated more than 4,000 homes in the last three years,” reads the “[Transportation and Infrastructure](https://inglewoodforward.com/inglewood-now/transportation-and-infrastructure/)” page, one of five information pages on the site.\n\nThe assertions made on these five separate pages, which cover topics like “[Public Safety](https://inglewoodforward.com/inglewood-now/public-safety/)” and “[Affordable Housing](https://inglewoodforward.com/inglewood-now/affordable-housing/),” often have hyperlinks to sources. A majority of those sources are either the Mayor’s 2016 “State of the City” [address](https://www.youtube.com/watch?v=iu0ZU0NF8ZY&feature=youtu.be&t=16m30s) or a [radio interview](https://soundcloud.com/diprimaradio/mayor-of-inglewood-james-butts-11292017) he did in Nov 2017.\n\nThe polished design and laudatory praise of the Mayor’s tenure in Inglewood caused some to question the site’s legitimacy. A pamphlet recently left on Inglewood residents’ doors read “Who is Inglewood Forward?” It went on allege the project was a “taxpayer-funded front group,” noting the website’s listed street address is the same as a PR company, [The Robert Group](https://soundcloud.com/diprimaradio/mayor-of-inglewood-james-butts-11292017), who the City paid $300,000 in an uncompetitive Nov 2016 contract. I spoke to an employee of the Robert Group whose headshot appears on the Inglewood Forward website. She denied the firm created the site.\n\nAn edit made to the Inglewood Forward website last week answers the question of its funding. In the site’s footer, which appears at the bottom of each page, a sentence was added: “Funding for this communication has been provided by Murphy’s Bowl LLC.”\n\nMurphy’s Bowl LLC is the company representing the Clippers in negotiations with the City.\n\n---\n\n<div>https://warrensz.me/wp-content/uploads/2018/03/inglewood-forward-screenshots-768x619.jpg <em><strong>Screenshots a few days apart from the Inglewood Forward website. Note that Murphy’s Bowl LLC is not mentioned in the March 5 capture.</strong></em></div>\n\n---\n\nDespite admittedly being bankrolled by wealthy outsiders – an allegation the Mayor has made pejoratively about other community groups with no evidence – Inglewood Forward was publicized on the front page of the City of Inglewood’s official website in the “Inglewood News” section.\n\nThe post, first published in early January, has since been deleted, though screenshots confirm its previous existence. Its thumbnail, titled “[inglewood-forward.jpg](https://www.cityofinglewood.org/documentcenter/view/11144),” remains uploaded to the City of Inglewood’s website and is the same image splashed across the front page of the Inglewood Forward website.\n\n\n\nEdward Walker, Vice Chair of the UCLA Sociology Department, has studied astroturfing extensively and is author of the book “Grassroots for Hire: Public Affairs Consultants in American Democracy.” In a phone interview, he said that while astroturfing campaigns have become quite common, he’s never heard of a city government directly collaborating with such an effort.\n\n“I’ve been tracking this for a number of years now,” he said. “Usually there is a significant amount of distance between the policymakers and the people who are running these campaigns … Putting it on a city government website is something I don’t know if I’ve seen before. Obviously enough, that just raises all kinds of conflict of interest questions.”\n\nBobby Bhagat, an Inglewood resident whose family partially owns and lives in a hotel located in the proposed arena site, pointed out the apparent duplicity in Inglewood Forward’s funding source given the Mayor Butts’ previous public accusations.\n\n“It’s very hypocritical for the Mayor to insinuate that all opposition to the arena is chalked up to an outsider or funded by [Madison Square Garden, a corporate opponent of the arena]. It’s kind of insulting,” he said in a phone interview. Mr. Bhagat also criticized the use of the official city website to advertise for Inglewood Forward. “Using the city website to promote this page, even though they took the link off – the mere attempt to do that speaks volumes.”\n\nThe City of Inglewood is holding a public “Scoping Meeting” for the Clippers project on March 12, where community members will have the chance to provide public input on the proposal.\n\n---\n---\n\nThis article was originally published on [warrensz.me](https://warrensz.me/clippers-pay-for-and-inglewood-city-government-advertises-website-made-to-look-like-grassroots-movement/) on March 12, 2018.",
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      "title": "Inglewood Ordered to Release 100+ \"Privileged\" Emails Relating to Clippers Arena Proposal",
      "body": "https://warrensz.me/wp-content/uploads/2018/03/los-angeles-clippers-staples-1.jpg\n\n### Communications could elucidate the nature of planning discussions\nIn a ruling last week, the Los Angeles County Superior Court ordered the City of Inglewood must make public previously withheld emails regarding plans to build a basketball arena in the city.\n\nI previously reported how Inglewood attorneys [liberally applied](https://warrensz.me/inglewood-aims-to-keep-clippers-arena-negotiation-documents-out-of-public-view/) legal privileges to conceal over 100 emails ostensibly pertaining to a June 15th 2017 Exclusive Negotiating Agreement (ENA) between the City and representatives for the Los Angeles Clippers. The messages date back several months before the ENA was ratified.\n\nLawyers for Inglewood Residents Against Takings and Evictions ([IRATE](http://irateinglewood.com/)) – who filed suit against the City in July 2017 – are seeking all communications between the City and the arena’s potential developers dating back to Sept 2016, hoping to shed light on their lawsuit’s key claims.\n\nLast December, the Inglewood city attorneys produced a limp collection of fewer than 20 emails and several news articles, affirming under threat of perjury these items represent the extent of all communications related to drafting a 3-year, $1.5 million contract between the City and Clippers representatives. The attorneys also included a list of metadata (subject, date, sender, recipients) for 133 further emails – but they claimed the emails should be kept secret due to attorney-client privilege and attorney work-product privilege.\n\nIRATE lawyers responded by motioning for an “augmented record,” disputing the City’s grounds for censoring the 133 emails and further asserting even more written communication must exist on the matter beyond what the City had produced, such as text messages or emails amongst city officials.\n\n<div class=\"pull-left\">https://warrensz.me/wp-content/uploads/2018/01/privileged-emails.png  <em><strong>A small sample of the emails that will be released to the public.</strong></em></div>\n\nOn Friday Mar 2, Judge Amy Hogue partially agreed, ruling attorney-client privilege and attorney work-product privilege do not apply to the secret 133 emails, based on a 2013 CEQA decision I described in January. But she did not agree there is more communication to be uncovered, writing the “Petitioner’s complaints amount to suspicion and conjecture.”\n\nDoug Carstens, the lawyer who represents IRATE in this case, said his side is “disappointed” with the judge’s ruling.\n\n“CEQA’s fundamental purpose […] is not just environmental protection,” he said in a phone interview. “It’s also government transparency.”\n\nAccording to Mr. Carstens, an environmental lawyer with numerous victories in CEQA lawsuits, the law requires public agencies to solicit public participation throughout the process of planning a development. He believes many of the arena details have been decided upon in emails and meetings that will never see the light of day.\n\n“I continue to think that out there somewhere are bunches of e-mails and text messages and other stuff that we haven’t gotten,” he said.\n\nThe litigating attorney representing the City, Bruce Gridley of the Kane, Ballmer & Berkman law firm, gave a short statement on Judge Hogue’s ruling but did not wish to provide commentary on any other matters related to the suit.\n\n“The City intends to comply with the court order,” he said in a phone interview.\n\n> “What Inglewood has done here and what it is doing – they’re striking fundamentally at a pillar of state law.” – Doug Carstens, lawyer representing Inglewood Residents Against Takings and Evictions (IRATE)\n\nDespite the setback for Mr. Carstens, he still believes IRATE has a robust claim against the city based on what’s already public.\n\nCEQA stipulates a developer and cooperating public agencies must consider several alternatives to a development proposal and gather public commentary to help decide objectively between those alternatives. Governments and developers must even consider having no project at all.\n\nIRATE’s lawsuit argues city officials cannot impartially choose between the options they’re required to generate, since part of the approved ENA text includes a provision stating the City “shall not negotiate with or consider any offers or solicitations from any person or entity other than the developer” when it comes to the “development of the [proposed] site.”\n\n“In other words, they’ve already decided they want an arena and they want it there and they want it in the shape that the Clippers want it. Everything else they do is window dressing to defend that decision,” said Carstens. “That is a violation of the law of the state of California, and that’s why we filed the lawsuit.”\n\nIn late February, the City of Inglewood [announced](https://www.cityofinglewood.org/DocumentCenter/View/11541) the beginning of the environmental review process required by CEQA. The endpoint of this process is an environmental impact report (EIR), which should contain analysis of project alternatives.\n\nMr. Carstens called that alternatives section the “heart of the EIR.”\n\n“It is a picture of the choices that the [public] agency is making, the cost essentially that it’s having to incur and the thing that it’s giving up by choosing the project,” he said, adding, “What Inglewood has done here and what it is doing – they’re striking fundamentally at a pillar of state law.”\n\nThe review process is expected to take about 18 months to complete. Mr. Carstens and Mr. Gridley are due to return to the court in May.\n\n---\n---\n\nThis article was originally published on [warrensz.me](https://warrensz.me/inglewood-ordered-to-release-privileged-emails-relating-to-clippers-arena-proposal/) on March 7, 2018.",
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      "title": "Inglewood Aims to Keep Clippers Arena Negotiation Documents Out of Public View",
      "body": "### City Attorneys Liberally Apply Legal Privileges to Stop Release of Emails in Court\nThough there’s been a lull in the public fight over a proposal to build the Los Angeles Clippers a home arena in Inglewood, California, lawsuits challenging the process have proceeded through December and now into January.\n\nOne community group, Inglewood Residents Against Takings and Evictions ([IRATE](https://irateinglewood.com)), filed suit in July against the City of Inglewood and Murphy’s Bowl, LLC – the company representing the Clippers. The complaint alleges the city failed to properly follow California’s preeminent environmental law, the California Environmental Quality Act (CEQA), in negotiations over the arena.\n\n---\n<div>https://warrensz.me/wp-content/uploads/2018/01/inglewood-aerial-outline.jpg <em><strong>Aerial view of Century Blvd and Prairie Ave in Inglewood. The outlined area is an approximation of where the city plans to build a Clippers home arena.</strong></em></div>\n\n---\n\nAmong other claims, the suit alleges Inglewood made development “pre-commitments” without public input, constituting a violation of CEQA. The city claims they haven’t committed to anything, as the city council has merely signed onto a June 15th “Exclusive Negotiating Agreement” (ENA) with the purpose of hashing out plans for the arena. But several details are certainly established, such as where to site the project, how much city-owned land will be utilized, and whether businesses and residences might be subject to eminent domain to make way for the arena.\n\n#### So has the city made development pre-commitments to Murphy’s Bowl, LLC or not?\n\nTo help answer this question, IRATE’s attorneys sought any documents and communications relating to the ENA or the arena proposal dating back to September of 2016, nine months before the ENA’s rather sudden announcement in June. In fact, CEQA itself requires the administrative record of any major development be published as a way of forcing transparency in public-private development partnerships.\n\nThe city responded on December 14, 2017 with two signed declarations by city attorneys, the contents of which were less than enlightening. Just a few non-public documents made their way into the declarations: some emails from the Deputy City Manager Yakema Decatur regarding meeting agendas; an exchange between Mayor James Butts and a local reporter; and a fan email to Mayor Butts from an Inglewood resident.\n\nBut of course, the ENA didn’t appear out of thin air on June 15th. Surely there were numerous communications between Inglewood and Murphy’s Bowl prior to the approval of the ENA. And the city admits that written communications prior to June 15th do exist – they just can’t be released, due to attorney-client privilege and something called attorney work-product privilege.\n\nIt’s a stretch to attempt using these privileges to protect over 130 emails between the city’s hired law firm, Murphy’s Bowl, and the Clippers’ representatives. Both privileges are extremely narrow in scope and are even more limited in CEQA suits according to California case law.\n\n#### Are these privileges applicable in the context of this case?\nLet’s start with attorney-client privilege, a protection for communications in which an attorney gives legal advice to a client. This privilege is meant to ensure open communication between a lawyer and whomever the represent, as well as preserving the integrity of the legal system. For example, it stops a prosecutor from serving a subpoena to the very attorney defending an alleged criminal. But according to the [American Bar Association](https://www.americanbar.org/publications/blt/2013/10/01_unger.html), “a client can never protect facts simply by incorporating them into a communication with an attorney.” That means an individual or entity can’t hide evidence of malfeasance or noncompliance with the law  simply by sending that evidence to their attorney. From the ABA, “communications will only be privileged if the party sought, and the attorney rendered, legal advice.”\n\n<div class = \"pull-right\">https://warrensz.me/wp-content/uploads/2018/01/privileged-emails.png <em><strong>Some of the 133 emails the City of Inglewood does not want to be made public.</strong></em></div>\n\n\nFurthermore, any communications that involve “third parties” (that is, anyone other than the attorney, the client, or their subordinates) are not privileged unless the third party shares a “common interest” with the attorney and client. Unfortunately for the city, California case law has blown a hole in that doctrine when it comes to CEQA lawsuits.\n\nIn 2013, the Superior Court of Stanislaus County [rendered a decision](https://warrensz.me/wp-content/uploads/2017/05/Citizens-for-Ceres-v-Superior-Court.pdf) that determined any communication between developer and city that might be privileged through comment interest is not, until a development has been approved. Prior to approval, the interests of city and developer are fundamentally different, because they both want what’s best for them.\n\nGiven this ruling, the only way the city can succeed in privileging these communications is to admit development was already approved – but that contradicts the cornerstone of their legal argument, that the ENA is merely to facilitate discussion.\n\nInglewood also invokes attorney work-product privilege, which applies to anything created by an attorney in preparation for a lawsuit. Essentially, it stops one side of a lawsuit from compelling the other side to release documents that may reveal their legal strategy.\n\nBut the city is attempting to claim this privilege for an outlandishly broad set of communications. Take a June 14th with the subject “Wiring Instructions, ” presumably containing instructions on how Murphy’s Bowl, LLC should send the city the $1.5 million deposit it owed as part of the ENA. Unless that message contains information specifically written in preparation for a lawsuit, it is not attorney work-product. To claim that it is, the city would necessarily be implying they were expecting to be sued well before the ENA was even made public.\n\n#### What happens next?\nIRATE’s lawyers filed a motion on January 8th to make a second request for administrative record documents. The motion includes the above points, but also makes it clear the city and the Mayor’s office have simply failed to produce documents that clearly relate to the arena proposal – for example, the Mayor’s “community alert” email that [I reported on](https://warrensz.me/inglewood-officials-delegitimize-opposition-clippers-arena/) back in October was not included. Nor were the Mayor’s [public Facebook comments](https://www.facebook.com/groups/953067008103388/permalink/1408347015908716/) in a discussion about the arena with residents in a group called “Eye on Inglewood.”\n\nThese missteps may seem trivial, but they point to a pattern of obfuscation and unwillingness to cooperate on the part of the City of Inglewood, the City Council, and Mayor James Butts. The point of CEQA is, in part, to prevent this type of obfuscation from happening in the first place by requiring public dialogue throughout the process of planning a development – not halfway through.\n\nTime and time again, the city’s hellbent drive to push this project forward has smelled awfully foul, from insisting on eminent domain provisions in the ENA, to publicly spreading lies about their community opposition, to attempting to force a bill through the state senate that would carve up CEQA for the sake of a basketball arena. These latest developments certainly do not make the odor any more palatable.\n\n---\n---\n\nThis article was originally published on [warrensz.me](https://warrensz.me/inglewood-aims-to-keep-clippers-arena-negotiation-documents-out-of-public-view/) on January 10, 2018.",
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      "title": "Culver City Approves Police Drones but Declines Automatic License Plate Reader Contract",
      "body": "### Approval Comes in spite of Significant Opposition – and a Missing Vice Mayor\n\nA chorus of jeers, curses, and boos, peppered with cries of “shame!”, erupted in the Culver City Council chambers the moment the body voted 3-1 to approve a $70,000 Culver City Police Department (CCPD) purchase of 8 camera-equipped drones. The decision, which came after a nearly 6-hour special meeting to discuss the drone request and a $500,000 request for an automatic license plate reader (ALPR) system, marked a clear defeat for the majority anti-surveillance attendees.\n\nSaid longtime Culver City resident Donna Kent prior to the meeting: “No drones, no license plate readers – ever.”\n\nDespite hearing opposition from the American Civil Liberties Union (ACLU), the Stop LAPD Spying Coalition, the Culver City Action Network (CCAN), and several unaffiliated Culver City residents, the council authorized the drone purchase and ratified a policy for their usage. The opponents in attendance were not unanimous, however, as a handful of residents took to the public podium voicing their support.\n\nTo call the meeting “testy” would profoundly understate the tension and rowdiness that saturated the Mike C. Balkman Chambers throughout the evening. Most speakers received healthy applause after sharing discontent, and folks supportive of the measures received counter-claps following their 90 seconds of comment.\n\nOutgoing Mayor Jeffrey Cooper repeatedly threatened to throw out audience members – particularly a raucous group from the Stop LAPD Spying Coalition – who were not afraid to catcall both the CCPD officers lobbying for the purchases and the councilmembers who expressed support.\n\nSome individuals directly insulted the Mayor with shouts of “dictator!”, accusations of being “smug,” and declarations that he “radiated white supremacy.” In the end, no one was removed.\n\n> “I’m thrilled that the City declined to engage Vigilant on the license plate technology.” – Mohammed Tajsar of the American Civil Liberties Union\n\nThe results were not all bad for dissidents at the meeting. The first agenda item – a half million dollar, uncompetitive contract with ALPR company Vigilant Solutions for cameras, data storage, and data-analytic software – failed after Councilmember Sahli-Wells and Mayor Cooper articulated opposition.\n\nMost concerns from the Council and from residents centered around Culver City’s status as a sanctuary city. They questioned whether the City could justify that status if they contracted with Vigilant, which shares license plate data with Immigrations and Customs Enforcement (ICE).\n\n“I’m thrilled that the City declined to engage Vigilant on the license plate technology,” said Mohammed Tajsar of the ACLU after the meeting. “It demonstrates that there are communities across the state and across the country who are deeply concerned about that relationship between Vigilant and ICE.”\n\nThe item was a budget amendment and therefore needed four members of the council to vote yes. With Vice Mayor Thomas Small out due to a planned surgery, passage required unanimous approval of the present councilmembers.\n\nSuited representatives from Vigilant Solutions helped the CCPD make their pitch, but ultimately the effort fell on deaf ears. After no councilmember made a motion to pass the agenda item, effectively killing it, the Vigilant suits left quickly.\n\nI caught up with them in the parking structure to ask for comment before they disappeared.\n\n“We’re very disappointed with the outcome and wish the city good fortune and safety,” said Vigilant Vice President of Sales Neil Schlisserman, who had spoken before the council.\n\n---\n<div>https://steemitimages.com/DQmSqBgBcKhWcFkMRwrJX6X1qVDph4speYq7PHERYzZrb6s/image.png <em><strong>Culver City residents listen to the debate over surveillance drones for the Culver City Police Department. The majority in attendance were opposed to the program, which eventually passed with a 3-1 Council vote.</strong></em>\n\n---\nAfter the ALPR item failed, the Council moved on to consider police surveillance drones. Since it was a regular agenda item, a simple majority was all that was required to pass. Mayor Cooper and Councilmember Goran Eriksson expressed continued support for the measure, while Councilmember Sahli-Wells asked for further dialogue before voting to approve. That meant Councilmember Jim Clarke would make the deciding vote.\n\nAfter hearing testimony from over 30 residents, the overwhelming majority of whom were in opposition, Mr. Clarke voted in favor of the drone program.\n\n> “People are already facing so much violence by the police so this just gives them more tools and pumps up that violence.” – Mariella Saba of the Stop LAPD Spying Coalition\n\n“There’s so many practical, purposeful uses that can come about by having these drones, to assist the Fire Department, the Public Works Department, and in other instances,” he told me after the meeting, reflecting comments he made from the dais. He said he believed the drone policy ensured adequate privacy protections and the City Council could provide requisite oversight for the program.\n\nCouncilmember Sahli-Wells, during and after the meeting, expressed discontent that the vote occurred without Vice Mayor Small.\n\n“It’s distressing that the future Mayor of Culver City … was robbed of his voice and his vote on this matter. The special meeting was scheduled on the day he had a surgery – and the council was well aware of his absence in advance,” she wrote in an email. She went on to say: “The bad timing and bad faith … lies squarely on the Council’s shoulders, and it is shameful.”\n\nOthers who attended the meeting were similarly dismayed by the outcome.\n\n“I definitely feel outraged,” said Mariella Saba of the Stop LAPD Spying Coalition following the meeting. “They disrespected all those voices [of opposition] by voting for this … People are already facing so much violence by the police so this just gives them more tools and pumps up that violence.”\n\nShe went on to say, “It’s also outrageous that the City Council, who I’m naming as violent white supremacists and police-aligned, will be overseeing the policy too. That’s scary.”\n\nThere is no timetable for how quickly the Culver City Police Department’s new surveillance drone program will be instituted.\n\n---\n---\n\nThis article was originally published on [warrensz.me](https://warrensz.me/culver-city-approves-police-drone-purchase-but-declines-automatic-license-plate-reader-contract/) on March 14, 2018.",
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      "author": "warrensz",
      "permlink": "opinion-culver-city-council-does-the-right-thing-on-drones-for-now",
      "title": "Opinion: Culver City Council Does the Right Thing on Drones – For Now",
      "body": "![Captain Jason Sims CCPD Police](https://warrensz.me/wp-content/uploads/2018/03/ccpd-feb12-presenting.png)__*Captain Jason Sims of the Culver City Police Department Presents the Written Policy to the Culver City Council*__\n\nAware of the dubious optics inherent in buying police surveillance drones at 2 AM, the Culver City Council rightly [decided to delay](https://warrensz.me/late-city-council-meeting-forces-second-delay-on-culver-city-police-surveillance-requests/) voting on a purchase for 8 camera-equipped drones. At least for now. The decision to table, made in the early hours of Feb 12, marks the second time they’ve postponed a vote, and the second time that decision came later than midnight.\n\nBeyond concerns about the late hour, some councilmembers cited a need for greater community conversation before approving the Culver City Police Department’s (CCPD’s) request for strident new surveillance powers. Again, sensible to call for more public dialogue – but again, not the first time. Earlier promises for substantial outreach on this item – and on a separate CCPD bid for automatic license plate reader (ALPR) cameras – never materialized.\n\nWhen making those promises in their Jan 8 meeting, the council [primarily professed](https://warrensz.me/culver-city-council-tables-police-surveillance-purchases/) concern over a lack of written policy on how the surveillance technologies would be used – and more importantly, how citizens’ constitutional privacy would be protected.\n\nAt the February meeting, the CCPD came with a [written policy.](https://warrensz.me/wp-content/uploads/2017/05/ccpd-drone-policy.pdf) Unfortunately, just because a policy is written does not mean it’s good. The document, riddled with qualifiers and vague language, possesses all the bite of an earthworm. Reading it gives the impression the policy was written by police officers, not policymakers.\n\nHere’s why that’s a problem. Drone technology will fundamentally change how the CCPD conducts its business. Maybe it takes a year, or two, or ten – but it is bound to happen.\n\nWithout constraint, the police have little rationale not to use drones in most routine work. As written, the policy makes no effort to restrict drone use to specific, justified circumstances. The “included but not limited to” list of use cases is 13 items long.\n\nPerhaps there is pressing need for drones in all 13 different situations. In presentations to the city council, however, the police have provided little affirmative justification for why drones are necessary tools for maintaining public safety. Looking at the examples they offered in council makes clear even they don’t have clear reasons for wanting drones.\n\n>The codified policy must be characterized by limits, not liberty. But before we even talk policy, the onus is on the CCPD to prove why drones are critical tools for preserving public safety.\n\nFor example, Chief of Police Scott Bixby repeatedly explained drone policy with the example of spotting a “meth lab” in a Culver City backyard. I wasn’t aware meth production was a vital danger threatening the citizens of Culver City – were you? Or how about Captain Jason Sims, who gave the following example when justifying Chief Bixby’s unilateral control over how and why drone footage is released to the public:\n\n“[Imagine] we have a high-profile incident that is being inaccurately portrayed in the media, and we have video that refutes and disproves the inaccuracies,” said Sims. “We feel releasing that video […] is in the best interest of the City, the Department, and possibly could prevent some type of civil unrest.”\n\nThere you have it. The CCPD needs drones to find non-existent meth labs and to stop fake news. Note that Captain Sims didn’t say video of a “high-profile incident” (re: shooting) would be released because it’s in the best interest of the public – rather, it sounds like release will be dependent on what’s in the best interest of the city government and the police department. Never mind the overwhelming number of [examples](https://www.nytimes.com/interactive/2017/08/19/us/police-videos-race.html) of [video evidence](https://www.mintpressnews.com/MyMPN/4-cases-unpunished-police-brutality-video-evidence/) uncovering police [wrongdoing](https://www.pbs.org/newshour/nation/three-police-misconduct-cases-involving-body-cameras-new-developments-week-heres-happened) and criminal activity, often in cases where the police lied and tried to cover up their own tracks. Nope, what Culver City really needs is the ability to dispute false media narratives.\n\nBut maybe drones will provide a form of accountability, as body cameras are intended to do. Perhaps. Unfortunately, the CCPD’s written policy makes sure any officer under investigation will have ample chance to get their story straight. That’s because the CCPD goes out of its way to grant employees (and their attorneys) the ability to review footage of incidents resulting in “injury, bodily harm, death, or use of force” before they give an interview as part of an investigation.\n\nWill those hypothetical meth manufacturers get the chance to review drone video to “assist [their] memory” and “explain [their] state of mind” before a search warrant is served? My guess is no\n\nThe City Council owes their constituents a long, discerning look at this policy, which in current form gives the CCPD carte blanche powers to use drones however they darn well please. They owe their constituents broad, extensive outreach and multiple conversations on the issue before the councilmembers make up their mind.\n\nTheir decision will meaningfully impact future of policing in Culver City – it cannot be taken lightly. The codified policy must be characterized by limits, not liberty. But before we even talk policy, the onus is on the CCPD to prove why drones are critical tools for preserving public safety. If they can’t do that, we shouldn’t give them the toys hoping they’ll figure out good uses later.\n\nI return to the words of combat veteran Daniel Lee, who’s now running for a city council seat. In January I quoted his impassioned opposition to police drones, delivered in the early hours of Jan 9.\n\n“This is a solution searching for a problem,” he said.\n\nThe CCPD has its solution, but it hasn’t yet admitted it has a problem.\n\n---\n---\n\nThis article was originally published at [warrensz.me](https://warrensz.me/culver-city-council-does-the-right-thing-on-drones-for-now/) on March 2, 2018.",
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      "body": "You got a 37.97% upvote from @sleeplesswhale courtesy of @warrensz!",
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      "body": "Thanks @liotap! \n\nAmazingly there were about a dozen folks still there at around 2 AM -- most were part of the [Stop LAPD Spying Coalition](https://stoplapdspying.org/). Not residents of Culver City, but sadly if they hadn't shown I'm sure the item would have passed",
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      "body": "@armentor I didn't realize Santa Monica was using drones  already. Unfortunately it's a tide that I believe will be difficult to stop. But with thoughtful and extensive limitations on use, hopefully the downsides can be (mostly) avoided. \n\nI'd be interested to hear what you find about the SMPD drone program!",
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      "body": "Crypto is a fast moving train. There is an old saying in trading that Wall street traders live by which is \"dont step in front of a moving train\". I think they are jumping on the train as they see various opportunities to profit, \"helping\" write the necessary regulations. All good things for mass adoption in my view. \nany industry/company that want to move towards collaborative environments cannot afford to miss the boat. there is too much at stake. let's realize it is a $400mm deal where Circle buys PoloniEX. Does not take a 51% stake, buys the while thing making it the largest crypto M&A to date. remember thinking \"$1b for an app that lets you post pictures? man that's crazy\" Well that was FB buying it cheap and creating synergies to solidify its competitive advantage for years... It is likely that we will look at this trade in the same way.",
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      "body": "Goldman Sachs backed... What's your take @liotap, will the corporate financial sector bet on destroying crypto or co-opting it?",
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      "body": "Quite interesting and concerning on many fronts.   I recently saw SMPD utilizing their drone for surveillance and support on a homeless naked man (on drugs) entering a home on my street.  The use of the drone appeared more to document what SMPD was doing as opposed to assisting as SMPD waited 2 hours for 13 officers and 2 attack dogs to arrive before going into the home.  I need to research what their cost and transparency is as to usage here in SM.",
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      "body": "Thanks for sharing @warrensz, drones right by LAX, that's a brilliant idea Culver. We need as many as possible. \n\nWhile we are at it, 2am council meetings? How many people showed up? \n\nOn a serious note, i'm looking forward to your review of the drone policy, seems like it could use a lot more scrutiny.",
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      "body": "In the city where I live, the police are pushing hard for drones (I've reported on it [here](https://steemit.com/news/@warrensz/culver-city-council-tables-police-surveillance-purchases) and [here](https://steemit.com/news/@warrensz/late-city-council-meeting-forces-second-delay-on-culver-city-police-surveillance-requests). There's been some push back, but it's almost certainly going to happen. I'm hoping my reporting will at least get a tougher policy in place -- the one written by the police is nearly a blank check.\n\n@doitvoluntarily, is there anyway to stop drones from being a routine part of police work or is the technology inevitable?",
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      "author": "warrensz",
      "permlink": "late-city-council-meeting-forces-second-delay-on-culver-city-police-surveillance-requests",
      "title": "Late City Council Meeting Forces Second Delay on Culver City Police Surveillance Requests",
      "body": "“Don’t do it.”\n\nSpeaker Mariella Saba’s mandate to the Culver City Council penetrated the quiet council chambers at about 1 AM February 13th. Part appeal, part admonishment, the words encapsulated most – but not all – of the sentiment being shared that early morning. And it seemed to work.\n\nFor the second time in five weeks, the council deferred decisions to expand the Culver City Police Department’s (CCPD) surveillance capabilities, citing the need for greater public conversation prior to approval.\n\nIn early January, the police department requested funds for two types of surveillance technology. The first request, to the tune of about half a million dollars, would bring fixed automatic license plate reader (ALPR) cameras to intersections throughout Culver City. These cameras catalogue every passing license plate and offload the images to a private server. The geotagged and timestamped photos are maintained by Vigilant Solutions, a converted computer vision company that now offers big data-sharing and analytic tools on top of the camera hardware.\n\n<div class=\"pull-left\">https://steemitimages.com/DQmdoSXwcgpFV1wrEwHv648Sk2Jm8iPjgZXU3teVvLSqcUc/drone-alone.jpg <strong><em>Drones like to this may soon be quietly flying the skies of Culver City. All police drones must be clearly marked as such per the Culver City Police Department’s written policy.</em></strong></div>\n\nCCPD’s second ask entailed about $70,000 for 8 drones – which range in cost from $700 to $25,000 – equipped with cameras.\n\nAs I [reported](https://warrensz.me/culver-city-council-tables-police-surveillance-purchases/) in January, the council first tabled this item in the wee hours of January 9th, instructing the police to draft a written policy on the use of these technologies before the council would vote on them. Councilmember Megan Sahli-Wells specifically asked the policy be published at least 15 days before it returned to the council. But according to the city’s [staff report](https://culver-city.legistar.com/ViewReport.ashx?M=R&N=Text&GID=535&ID=3015986&GUID=009F3B3F-89D9-4421-B337-95BFF5DE81E9&Title=Staff+Report) on the item, the only public notification came five days in advance of the meeting, buried in the council’s February 12th meeting agenda.\n\nNearly 5 hours into that Feb 12th meeting, at around 12:30 AM, the drone purchase request reached the floor – only because Mayor Jeffrey Cooper pushed other agenda items out of the way.\n\nInstead of examining the policy in detail here, I’ll devote a separate article to breaking down both the drone and ALPR surveillance policies. But even a brief reading of the CCPD’s work raises more questions than answers.\n\nAs far as permissible use goes, Sims posed a laundry list of circumstances – everything from crowd control (perhaps “some type of civil unrest” he offered) to illegal drug investigations to “supporting criminal investigations.” The list is expansive, begging the question as to what, if anything, the drones won’t be used for.\n\nSpeaker Hamid Khan, warning of [mission creep](https://theyarewatching.org/issues/mission-creep), noted the policy permits usage in most types of routine police work, despite verbal assurances that drone deployment would be “incident-driven” (the written policy makes no such promise). Speaker Michelle Weiner remarked the list of use cases is prefaced with the words “including, but not limited to” – seemingly a blank check to allow use in whatever situation the CCPD might want now or in the future.\n\n<div class=\"pull-right\">https://steemitimages.com/DQmSB7qQFY1GCB5F11X3AStGTqSwCbQx1xRSSUc8yYodge4/nypd-cams.jpg <strong><em>The Culver City Police Department wants license plate reader cameras. Could security cameras, like those used by the NYPD, be next?</em></strong></div>\n\nThe written prohibitions are less extensive than the permissions, but equally loopholey. In one section, the use of “vision enhancement technology” like thermal imaging, is limited to places with no reasonable expectation of privacy – except “when exigent circumstances exist.”\n\nWhat are the parameters for an exigent circumstance? What oversight will be instituted to prevent abuse of that clause?\n\nAnother restriction: “pilot officers are to utilize sound judgment and exercise discretion” to determine when “privacy may outweigh any legitimate law enforcement interest in the recording.”\n\nWhat guidelines describe when privacy outweighs law enforcement interest? How do we know what constitutes sound judgment and discretion?\n\nThe council, wary of the late hour but averse to denying the request, decided narrowly to postpone voting on both surveillance items, instead repeating calls for more public conversation on the issue.\n\n“I know there are more people interested in this item than are represented here tonight,” said Councilmember Sahli-Wells, referring to the fifteen or so in attendance. “I would feel more comfortable taking this step if I were confident that the community was fully involved in the process.”\n\nNot every councilmember agreed, however. Mayor Jeffrey Cooper and Councilmember Goran Eriksson voiced their comfort with voting regardless of the timing.\n\n“This is the fourth time we’ve done this,” said Mayor Cooper. “It wasn’t a secret that we were meeting tonight. I’m fully supportive of this tool to assist our police – I don’t fear it.”\n\nThe decision came down to Councilmember Jim Clarke, caught between Ms. Sahli-Wells and Vice Mayor Thomas Small on one side of the fence and Mr. Eriksson and Mr. Cooper on the other.\n\nMr. Clarke echoed sentiments about the late hour and described a decision based on pragmatism, but not a specific concern about the police drones.\n\n“I’m not comfortable with the time we’re making this decision or the feeling it particularly gives,” he began. “Now we also have to deal with the license plate reader issue […] Let’s have that discussion and the discussion about drones at a regular time when people can be here.”\n\nWith the topic temporarily settled, the meeting adjourned just past 2 AM on February 12.\n\nIt marked the second time greater public outreach and community dialogue had been promised. In conversations with members of the council after the meeting, it seems the responsibility for following through on those promises fell with the CCPD, who failed to provide the minimal steps requested in January.\n\nNobody held the CCPD to account for this failure. No councilmember confirmed or even directly asked if the department had performed the outreach they promised in January.\n\nThe oversight hardly foreshadows thorough accountability, communication, and transparency if these technologies do end up in the police’s hands. With no specific plan on how to proceed specified at this meeting, Culver City awaits notice of the next – perhaps final – conversation on these proposals.\n\n---\n\nHey Steemites, I believe it's essential to pay attention to what your local government is doing with your money. That's why I create local journalism to cover the topics important to me and hopefully my neighbors. Support with an upvote, comment, and follow!\n\nHappy Steemin.\n\n-- WSz\n\nOriginally published on warrensz.me on 19 Feb 2018\n\nImages: [1](https://pixabay.com/en/air-monitoring-hexacopter-quadcopter-211124/), [2](https://commons.wikimedia.org/wiki/File:NYPD_Security_Camera.jpg)",
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