Posts Tagged ‘Los Angeles’

Can a city deny Donald Trump a rally permit?

The other day 34-year-old Mayor Lindsey Horvath of West Hollywood, Calif. said Republican presidential contender Donald Trump and his campaign were “not welcome” in her city. She also “instructed City staff that they are able to refuse to issue special events permits to Trump should he attempt to schedule a rally,” reported Gabby Morrongiello in the Washington Examiner. “Horvath has also called on the other 87 mayors in Los Angeles County to follow suit and block the billionaire from campaigning in their cities.”

Those comments might have set her community up for a costly lawsuit, since her position is plainly unconstitutional. Courts in the United States have made it clear that cities are not free to turn down a permit for one candidate that they would have approved for another simply because they disapprove of the first candidate’s viewpoint. Yet when contacted by law professor/blogger and First Amendment specialist Eugene Volokh, Horvath stuck by her position.

However, city attorney Michael Jenkins, evidently better informed, gave a response that directly contradicted the mayor’s when Volokh contacted him for a follow-up: “The City would consider an application from the Trump campaign no differently than from any other campaign.” Notes Volokh: “The city attorney’s position is consistent with First Amendment law; the mayor’s is not.”

There is no indication that Trump has planned any rallies for West Hollywood, notwithstanding a tweet in February by author Bret Easton Ellis that raised some eyebrows about the possibility that the billionaire might have an untapped constituency there.

P.S. In comments, Chris Bray notes that under West Hollywood’s system of governance, which delegates executive power to a city manager while a largely ceremonial position as mayor rotates among city councilpersons, it appears Horvath could not order city staff to adopt any policy on her own.

Police and prosecution roundup

  • Amid multiple scandals, why won’t office of Orange County, Calif. District Attorney Tony Rackauckas confirm name of county investigator alleged to have beaten defense attorney in courtroom hallway? [R. Scott Moxley/OC Weekly via Radley Balko, Voice of OC]
  • And from February: “former Los Angeles sheriff Lee Baca announced that he would plead guilty to criminal charges related to systemic misconduct in his department, specifically to a charge of lying to investigators in an effort to cover up that wrongdoing.” [Kevin Williamson]
  • Post-Ferguson investigation: problems with small-town municipal courts go way beyond North St. Louis County into outstate Missouri [St. Louis Post-Dispatch]
  • Judge throws out mountain of tickets from Chicago traffic and speed cameras [TimeOut, Timothy Geigner/TechDirt, earlier]
  • Britain: following collapse of lengthy Operation Midland law enforcement inquiry into a fantasist’s wild tales of abuse (did senior Tories murder rentboys for fun?) vindicated officials and their families wonder where to turn to get their reputations back [Dan Hodges/Telegraph (citing Metropolitan Police commissioner Bernard Hogan-Howe’s favorable reference to a second official’s statement that “The presumption that a victim should always be believed should be institutionalized”); Matthew Scott/Barrister Blogger, Richard Bartholomew]
  • Supreme Court nominee: “In Criminal Rulings, [Chief Judge Merrick] Garland Has Usually Sided With Law Enforcement” [New York Times; more on Garland’s D.C. Circuit rulings]

February 17 roundup

  • Cross-examination of Mr. Hot Yoga left jury steamed, especially when it came to explaining the luxury cars [Lowering the Bar; more on Bikram Choudhury litigation]
  • Forty-nine (!) Georgia corrections officers accused of taking bribes, drug trafficking [WXIA Atlanta; compare Baltimore jail guards scandal]
  • More reactions to Justice Scalia’s death: Lee Liberman Otis, Joseph Bottum, Emily Zanotti, David Wagner/Ninomania. His legacy on the Fourth Amendment [Jonathan Blanks, Cato] On canines in the curtilage and the Bill of Rights more generally [Jacob Sullum] Labor and employment law bloggers on his passing [Jon Hyman] Immune to internationalist argle-bargle, Scalia was actually one of SCOTUS’s more cosmopolitan members [Julian Ku/Opinio Juris]
  • Los Angeles joins San Francisco and Boston in banning chewing tobacco in Dodger Stadium and every other park and stadium in the city, because it can [Curbed LA]
  • “They are both highly educated attorneys” which means they should have known better than to launch that lurid plot to plant drugs on the rival PTA mom [Washington Post]
  • To get a cosmetology license in Ohio, you’ll need to undergo training in spotting signs of human trafficking [Elizabeth Nolan Brown/Reason; earlier on hair and beauty professionals as informants]
  • “British teenager creates robot lawyer to help people with their legal queries” [Mashable]

Environment roundup

  • Remembering William Tucker, author of books on many subjects including the 1982 classic on environmentalism, Progress and Privilege, and a valued friend of long standing [RealClearEnergy, where he was founding editor]
  • Scalia took lead in defending property rights vs. regulatory takings, but mostly not by deploying originalist analysis. A missed opportunity, thinks Ilya Somin;
  • What? Children in parts of Saginaw, Grand Rapids, Muskegon, etc. have higher blood lead levels than in Flint [Detroit News] Flint water department didn’t use standard $150/day neutralizing treatment. Why not? [Nolan Finley, Detroit News] Children in Michigan generally ten years ago had higher prevalence of lead in blood at concern thresholds than children in Flint today [David Mastio, USA Today] Earlier here and here;
  • On eminent domain, Donald Trump and Ted Cruz seem to be “talking past each other, about two different things” [Gideon Kanner]
  • Saboteurs going after Canadian pipelines [CBC]
  • “Mission or Craftsman style” was insisted on, but the resulting vacant lot doesn’t seem to be either: south L.A. grocery scheme dies after decade-long urban-planning fight [Los Angeles Times]
  • As prices plunge: “Where Have All the Peak Oilers Gone?” [Ronald Bailey, Reason]

Schools roundup

  • Libertarians warned about this: New Jersey’s broad “anti-bullying” law used to silence 15 year old student’s political tweets [Robby Soave, Reason]
  • “New proposal would put armed, retired cops in New Jersey schools” [NJ.com]
  • Chapters ostensibly agreed, though their leeway to refuse not clear: “University of Alabama quietly testing fraternity brothers for drugs” [Al.com]
  • About time Congress noticed: Sen. James Lankford asking questions about Department of Education’s Dear Colleague letter [FIRE]
  • Schools vigilant against danger of grandparents reading aloud to class without background checks [Lenore Skenazy]
  • No helicopters in sight: German preschool/kindergartens send kids as young as three to camp in woods [WSJ]
  • Los Angeles and New York City school officials got same anonymous threat, but only L.A. closed schools [Ann Althouse]

Labor and employment roundup

  • “Outdoor guides to Obama: Take a hike” [Sean Higgins, Washington Examiner; Labor Department imposes higher federal-contractor minimum wage on outfitters operating in national parks, though they do not fit conventional definition of contractors]
  • Los Angeles: “Gov’t Emails Cast Doubt On Berkeley Minimum Wage Study” [Connor Wolf, Daily Caller]
  • Video: David Boaz (Cato) debates Chai Feldblum (Equal Employment Opportunity Commission) on identity in the workplace [Atlantic “Ideas”]
  • Oyster visas: when even Sen. Barbara Mikulski says labor regulations go too far, maybe they go too far [Rachel Weiner, Washington Post]
  • Lawsuit: California shouldn’t be letting private employees work seven days in a row whether they want to or not [Trevor Burrus, Cato; Mendoza v. Nordstrom brief, Supreme Court of California]
  • One hopes U.S. Senate will think carefully before ratifying international labor conventions [Richard Trumka and Craig Becker, Pacific Standard]
  • “We’re going to overturn every rock in their lives to find out about their lifestyles”: union chief vows to go after lawmakers seeking to break county liquor monopoly in Montgomery County, Maryland [Bethesda Magazine]

Environment roundup

  • Cato podcast with William Fischel on his new book Zoning Rules! The Economics of Land Use Regulation;
  • If traveling with your pet skunk, avoid Tennessee [Mental Floss, “15 Surprising Animal Laws That Are Still on the Books”]
  • “How Land-Use Regulation Undermines Affordable Housing” [Sanford Ikeda and Emily Washington, Mercatus via Market Urbanism] Head of Obama administration Council of Economic Advisers gives speech pinning high housing costs on land use regulation, but don’t get hopes up about policy changes quite yet [Randal O’Toole, Cato]
  • Panel on role of Congress in environmental law at Federalist Society National Lawyers’ Convention with David Schoenbrod, Eric Claeys, Matt Leggett, and Nicholas Robinson, moderated by the Hon. Steven Colloton [YouTube]
  • “Market urbanist” position criticized (Steve Randy Waldman) and defended (Jeff Fong);
  • Mysteries of Los Angeles: drive to limit large residential developments is being led in part by… AIDS Healthcare Foundation? [L.A. Times]
  • “On the misuse of environmental history to defend the EPA’s WOTUS rule” [Jonathan Adler, earlier on Waters of the United States rule]

The press and the prosecutors

Did federal prosecutors manipulate Los Angeles Times reporting to help win a case? Even if editors don’t care, readers might [Ken White, Popehat]. Read the whole thing, but here’s one choice quote:

The problem illuminated here isn’t just one of possible government misconduct. It’s the too-cozy too-credulous relationship between law enforcement and the press, and the very questionable decisions the press makes about what is a story. I’ve been writing about this for some time. The press thinks that a picture of a guy being perp-walked is a story, but the willingness of the cops to stage that picture to humiliate the defendant is not a story. The press thinks that juicy evidence against a defendant is a story but law enforcement’s motive in leaking that evidence isn’t. When the people sworn to uphold the law, who are prosecuting someone for violating the law, break the law to damage a defendant, the press thinks that the leaked information is the story, not the lawbreaking by law enforcers. The press does not, as far as I can tell, assess when it is being used as a tool by law enforcement. How could it, if it wants to preserve its source of tasty leaks?

Police roundup

  • Ex-Costa Mesa police union head testifies re: scheme to set up councilman on bogus DUI charge [Daily Pilot, our earlier coverage of the scandal]
  • Ferguson-1-year-later stories should concede that initial “hands-up” accounts of the Michael Brown shooting were wrong, no? [Greg Weiner, Law and Liberty]
  • “Cops: We ‘Expected Privacy’ Because We Tried to Smash All the Cameras” [Lowering the Bar, Conor Friedersdorf/The Atlantic on Santa Ana, Calif. police union’s effort to suppress evidence in dispensary raid case]
  • Beach patrol, serving warrants, college football display: reasons departments gave in 465 requests for mine-resistant ambush protected (MRAP) vehicles from the Pentagon’s 1033 program [Molly Redden, Mother Jones via Anthony Fisher, Reason]
  • “Prosecutors’ union inadvertently demonstrates why local prosecutors shouldn’t investigate police shootings” [Radley Balko]
  • Past time for a public airing of what went on in the Chicago facility known as Homan Square [Spencer Ackerman and Zach Stafford, The Guardian]
  • Which human decision-making process claims a mere 0.25% error rate? Shootings by Chicago police [Coyote, Radley Balko on investigator in that city fired for resisting pressure to exonerate cops]

August 12 roundup

  • “‘Game Of Thrones’ Fan Demands Trial By Combat” [Lowering the Bar]
  • One way to lose your city job in NYC: “An administrative-law judge then agreed to his firing, noting [the deceased] didn’t show up at his hearing.” [New York Post]
  • International Trade Commission asked to curb improper “imports,” i.e. transmissions, of data into the US, and yes, that could create quite a precedent [WSJ, R Street Institute, Niskanen Center, FreedomWorks letter] More: K. William Watson, Cato;
  • Sixth Circuit panel explains in cement case why some towns (e.g. St. Marys) have no apostrophes, others do [St. Marys Cement v. EPA opinion via Institute for Justice “Short Circuit“]
  • Proposed ban on export of some fine art from Germany stirs discontent [New York Times via Tyler Cowen]
  • With its SEO budget already committed to “Oliver Wendell Holmes = doofus” keywords and the like, Volokh Conspiracy must rely on organic content to boost Brazilian apartment seeker clicks [David Kopel]
  • But federal law forbids paying them, so the city won’t do that: “2 immigrants in U.S. illegally are named to Huntington Park commissions” [L.A. Times]