ADA Lawsuits Again Hit Local Businesses

They're at it again. Regardless of whether you think they're champions of the disabled, or scammers trying to make a quick buck, a new volley of lawsuits have been filed against Los Angeles area businesses alleging violations of the Americans with Disabilities Act (ADA). In complaints filed against two Eagle Rock mini-mall owners, quick settlements of $6000 to $9000 dollars were sought to avoid legal battles that could cost between $15,000 to $40,000 to defend.
As Boulevard Sentinel readers will remember, in the spring of 2006, self proclaimed Disability Rights Advocate James Cohen did about the same thing, sending dozens of letters out to businesses in Eagle Rock and Highland Park threatening similar suits. A local business was sued in small claims court and lost. They had to pay $1000.
This time, however, a real law firm is involved.
Pinnock & Wakefield is the San Diego Law firm representing Mr. Jon Carpenter of Los Angeles, who is the disabled person alleging he encountered "barriers" when trying to patronize these businesses. The law firm of Pinnock & Wakefield has made quite a name for themselves by their well-publicized "volleys" of such lawsuits. They first became known for their ADA related legal activities in late 2005 when they sent letters to 67 businesses in the town of Julian (near San Diego). Since then, they have visited (some say attacked) the towns of Alpine and Solana Beach, before coming to Los Angeles.
Senior Partner Theodore Pinnock, is disabled himself, suffering from cerebral palsy. According to his own website, he has overcome his disability, and is now a successful lawyer. The website contains photos and videos of a truly pathetic looking young man, operating a keyboard one key at a time, pushing himself around in a wheelchair, and speaking in a nearly unintelligible manner, usually requiring an interpreter to speak for him. Theodore Pinnock makes no excuse for his campaign to help the disabled. He says he tried to get out of the ADA lawsuit business but was drawn back in by other disabled folks who were begging for his help.
He has a successful practice.
He seems to be able to easily turn around any criticism claiming that he is only out for a quick buck as coming from someone who is insensitive to the disabled or just plain prejudiced or hateful of the disabled. A lawyer who might wish to go against him in court would be wise to think twice before going in front of a jury against a disabled man, who heroically overcame his disability to finish law school; and who also packs the doubly politically-correct whammy of being a minority, African American. (Please don't write me letters on this- I'm just saying it might be compelling in the eyes of a jury.)
Anyway, Pinnock and his associates apparently select businesses to sue based upon on-site inspections of the premises, and claim they only select businesses that are found to be out of compliance with the ADA access laws. They also claim that if they see the business has equipped their parking lot with clear signage and bright blue striping identifying the disabled parking spaces, they then go on to the next one, satisfied that the business has likely made all reasonable efforts to provide the required access.
This may be true as one of the Eagle Rock mini-malls being sued had no blue disabled space striping and no sign identifying their one disabled parking space.
Just like last year, the very best defense a business can do is to make sure their business is in compliance with the ADA ahead of time. This is lost on many businesses because there is no organized effort by any level of government authority to notify existing businesses that are required to comply with ADA, however the information is readily available on the internet if they search for it.
Last year, in response to the ADA lawsuit threats, the Boulevard Sentinel posted the "ADA Checklist for Readily Achievable Barrier Removal" on its website, along with a flyer that advertised "no public restrooms," for businesses that are not required to maintain a public restroom in their business. You see, any service, product or accommodation that any business offers must also be available to someone with a disability. If any customer can use it, all must be able to use it. Legally, businesses who inhabit buildings that were built before the ADA laws are not required to install elevators or tear down walls to rebuild bathrooms to specification unless they remodel and spend above $50,000 doing it (it may have been changed to $75,000 now).
They are, however, required to perform all "readily achievable barrier removals." These include the parking lot striping and signage, door knobs, and the height of sinks, countertops, access to tables, soap and paper towel dispensers, and removal of any obstacles that may keep out someone in a wheelchair.
However, after the lawsuit is filed, it is too late. I'm not a lawyer, but from what I have observed and researched, a disabled person who sues is entitled to $1000 for every barrier or violation of ADA he encounters. It may actually be cheaper and easier to correct any ADA access deficiencies with due diligence and goodwill and hope that the disabled plaintiff will recognize that and accept a minimum payment.
Although Pinnock maintains that he is behaving ethically and for the benefit of all disabled people, he has been censured for suing the owner of a market that was closed for years. In that case he was ordered to pay $15,000 of the defendant's legal fees. In the current cases in Los Angeles, he seems to have avoided paying the court costs by having the plaintiff, Mr. Carpenter, apply for a full waiver of fees when the suits (34 of them) are first filed without a lawyer, and then substituting in as attorney after the initial filing, which looks like an abuse of the fee waiver program for the lowest income and indigent filers.
There is also a question whether Pinnock solicits his disabled clients.
An investigation by the Sacramento Bee found that attorney Theodore Pinnock had asked a 17-year-old disabled boy to visit businesses the attorney had identified, offering to pay him $1,000 for each case that was settled. The boy refused.
For now, 34 Los Angeles small business owners will be losing sleep, not eating, or eating or drinking too much as a result of the extra stress and anxiety of facing a lawsuit. State politicians tried to bring relief to small business owners two years ago by amending the law to give a business a 30 to 60 warning, and the chance to correct their access problems before a lawsuit could be filed.
These laws were killed in committee as the disabled folks packed the hearing room to oppose it. No politician wants to be seen as being against the disabled.

Rattlesnake in the Rock A woman who lives on the corner of Arbor Dell and Blue Hill Rd. moved her recycling bin to be greeted by the rattlesnake this skin is from, all coiled and ready to strike. Fire Station 42 responded to the call and Ruben (peewee) thought it best to be-head the snake with a shovel, lest she might return later. The head was carefully buried as the venom could pose a danger in the wrong hands.

Sidewalk Closure

Risks Lives on Boulevard...
City Attorney just says:

NO JAYWALKERS!

A loft development closed off the sidewalk, causing this pedestrian to risk her life to save a few extra steps as she walks west on busy Colorado Boulevard between Linda Rosa and Holbrook Streets.

A sidewalk along a busy section of Colorado Boulevard was closed in July, forcing pedestrians to walk in high speed traffic on a blind curve, when construction was begun on the DHM lofts project in Eagle Rock. The project to develop 17 live/ work spaces signaled the first successful attempt to build on that lot, vacant since the 1930's. The lot was created when Colorado and Figueroa were re-aligned to their present configuration.
The lot, located on the south side of Colorado between Holbrook and Linda Rosa Streets, was a difficult one to build on as it required construction of a huge and expensive retaining wall to support the hillside located right next to it, upon which at least two residential properties were located. No one, until the recent spike in property values, was able to justify spending that much money on any kind of use up there until now.
Local residents, however, became concerned when the construction fences went up, blocking off the sidewalks along that block.
Since the property was only a few blocks from my Mom's house, I often would take morning walks there to get to the park, or the post office, before stopping in to visit with her. I immediately recognized that people would prefer to risk walking in the street, rather than cross a very busy and fast moving section of Colorado Boulevard, where the 134 freeway exits onto Colorado.
I thought I'd give the city bureaucracy a try myself before going to Councilperson Huizar's office for help.
As usual, I got a huge run-around. "Oh were not in charge of that- call contracted services," I was told. Although I clearly stated that a developer had blocked the sidewalk, my sidewalk, and was using it to hold materials and equipment that were being used for a private project, that city employee on the other end of the phone determined that it was someone contracted to fix the sidewalk for the city.
A nice man who said he was the inspector went there to make an inspection, and called me back to tell me it was out of his purview, it was not contracted service, but a private developer. I already knew that.
He also said that he had acquired the appropriate public works permits to block it off. I told him I thought it was not right to grant the use of a city owned sidewalk that I used to some private developer, and while he tried to seem empathetic, he did not help me.
Isn't that a typical story?

The City of Los Angeles let this developer close the sidewalk without requiring any accommodation for pedestrians.

Anyway, I've so far found Paul Habib, of Councilman Huizar's office to be knowledgeable and helpful, so I called him.
I have no doubt, that he did, in fact, make a very strong effort to get to the root of the problem, and find out what the real story was. OK, the City gave the developer permission to block the sidewalk. But shouldn't they make some accommodations for the pedestrians there?
He did get some signs put up telling pedestrians that the side walks were closed, so that helped. But I saw many pedestrians who either ignored the signs or did not read English enough to understand them. There they were, walking right next to traffic. Kinda scary. I asked Paul if they shouldn't put up some DOT barriers, (K-rail) to make a walkway in the street that was protected from the passing cars. He explained that the city attorney had opined that if someone got hurt while within those barriers the city would be liable, while if they were hit when they were "jaywalking", it would be the pedestrian's fault.
I questioned whether walking alongside a road was legally considered 'Jaywalking.' I added that it was clearly human nature to make that one block walk instead of adding 2 or three extra blocks to their walk, plus running the risk of crossing the boulevard twice, an adventure no matter where you do it.
Paul called back the next day, saying he had gone back and forth with the city departments, and that D.O.T. had again made a site inspection. "I haven't given up," he said.
I again expressed that I couldn't believe that the city would put covering their butt above trying to protect their citizens. In fact, State law, which supersedes all city laws, requires them to when it states,
"it is the intent of the Legislature that all levels of government in the state, particularly the Department of Transportation, work to provide convenient and safe passage for pedestrians on and across all streets and highways, increase levels of walking and pedestrian travel, and reduce pedestrian fatalities and injuries."
(CA Vehicle Code, Sec. 21949(b))
When I drove by the development to get another photo, I talked to a woman who had just walked the one block in the traffic lanes. I asked her if she had seen the signs saying that the sidewalk was blocked. She looked at me a little confused and said, "No Ingles."
In every other part of the city, where construction involved closing a sidewalk, accommodations were made for pedestrians. Even in Eagle Rock, when a seniors apartment complex was being built across from the Sizzler, barriers and covered walkways were installed to ease the access and provide protection to pedestrians. There is no valid reason they can't do that here.
Other than that, it looks like the project is proceeding smoothly.

The DHM Lofts will bring 17 live/work spaces to Colorado Boulevard. This was approved in 2004.

ERNC Education Director
Wants You!
My name is Stephan Early and I am the current Education Director for the ERNC. I am trying to form an Education Committee made up of all stakeholders, students, parents, teachers and administrators that will inform the council of recommended actions and concerns for the school community. Some of the issues of immediate concern are the LAUSD proposal to implement mid year renorming which is the return of a disruptive practice that was discontinued years ago because of it's detrimental effect on the schools, and the implementation of Small Learning Communities at the High School which is being mandated without input from the community and is potentially very harmful to our award winning High School. There are many other issues at the Elementary and High School level that have come up and will come up and if you would like to participate in a committee that will address these concerns please contact me at the ERNC or at searly@lausd.net

Meet the Congressman - Congressman Becerra chats with his constituents at  Dahlia Heights Elementary School last month. (Mary Moon Photo)

Dear Tom:
Would the city council office of Eagle Rock, please stand up and breathe!
I stopped by Pale Fire Tobacco shop only to see that their front window that been decorated was now badly removed. The owner stated that the "city" told them to remove it or face a fine.
You were only allowed a certain percentage to by covered. On asking around the Blue Hen in the same little shopping mall was also cited, as the rest of the stores on down the road.
The Pale Fire had the window painted, mostly to block the afternoon sun, and advertising their business, same as the others.
Does this job requirement fall under the area of pick on small business?
Why don't they try something a little more in need of solving?
Oh hey, what about the ever growing problem at Trader Joe's. Illegal turns and accidents don't really matter? I have spoke the council office numbers and numbers of times.
The answer, well the street maintenance are looking into putting in a medium to stop this.
Looking into, I have video tape the problem and taken into the office to make sure that they see and understand. Their answer, yeah we are talking to maintenance. Yeah team.
Customers are now making u-turns out of Trader Joe's, making it very tuff to make a legal left from Dahlia Dr. My next step is to go very higher, video and all....
Amy Peters

Dear Tom,
The article in your August, 2007 edition entitled Re: 'Democracy…' was interesting. It spurred me into reviewing the difference between a democracy form of government and a republic 'for which we stand'.
The United States form of government is a republic, as meticulously sought and established by our Founders.
Does the author of your article truly want more 'democracy', or what form of government 'change' does the author have in mind?
I offer an excerpt from a Web site defining the differences between these two forms of government.
"The two forms of government: Democracy and Republic, are not only dissimilar but antithetical, reflecting the sharp contrast between (a) The Majority Unlimited, in a Democracy, lacking any legal safeguard of the rights of The Individual and The Minority, and (b) The Majority Limited, in a Republic under a written Constitution safeguarding the rights of The Individual and The Minority.
The chief characteristic and distinguishing feature of a Democracy is: Rule by Omnipotent Majority. In a Democracy, The Individual, and any group of Individuals composing any Minority, have no protection against the unlimited power of The Majority. It is a case of Majority-over-Man".
Respectfully,
Jim Albers

8th Annual Women in Business Awards
Occidental College President, Susan Westerberg Praeger, will be the keynote speaker at the 8TH annual WOMEN IN BUSINESS awards presented by area legislators -- State Senator Jack Scott, Assembly Member Paul Krekorian and Assembly Member Anthony Portantino.
KCBS/KCAL reporter Suzie Suh will host the 8th annual event that honors 27 businesswomen and civic leaders for their contributions to the economic vitality of Southern California.
The event tales place at The Castaway Restaurant in Burbank on September 28 with luncheon and awards ceremony. Women from the 21 Senatorial district as well as the 44th and 43rd Assembly districts were eleigible to be honored. This included women from Glendale to Duarte, and Montrose to South Pasadena.
The honorees from Northeast L.A. were sisters and Eagle Rock natives Candace Metzger & Mindy Allen, from Gallery Ophelia who will receive Junior Businesswoman of the Year. Candace Metzger Allen and Melinda Allen, free lance artists and sisters. At the Center for the Arts/Eagle Rock, Candace was the first Chair of the Board and Mindy taught cartooning and drawing to the children. Both women worked on the Dahlia Days Art Festival. They opened Gallery Ophelia and featured women artists from around the country. While the gallery has since closed, both continue their art work and the creation of their own illustrated books.
Denise Miller, President of the Eagle Rock Chamber of Commerce and outpatient coordinator of occupational therapy for Glendale Adventist Hospital was chosen to receive the Tami Ginsburg award for community.

Save this Mural from Dying

William Gallegos
It is another morning in Highland Park as I take my weekly drive to the place I have called my barber shop for more than 20 years. I decide to show up to this place as early as possible because of its large amount of customers who packed it in like a can of sardines.
Like any morning for anyone, I have to do the usual before showing up.... shower, shave, breakfast, and for me when driving en route for my haircut, glance at the artwork that has been standing proud at the old Pacific Bell building on Meridian street just west of Yorkdale elementary since the mid to late 1970's.
Yeah, there are a lot of murals out there in both Highland Park and Los Angeles. From the tribute murals paying respect to those were lost too soon in life to the religious ones which will usually include a scripture or two from the bible, this mural to me is different since it has a meaning to me.
From my early days at Garvanza and Saint Ignatius to my later years at Cathedral High to my barber shop visits these days, it has been there ever so often like a elderly friend waiting outside their house to give me the usual morning greeting. Sadly, you're gonna get your group of immature punk- taggers who don't think about the stories behind these murals or the artists trying to make a positive name for both themselves and their race and decide to spray paint over it anyway.
Of course there are murals out there getting defaced but in a matter of time, they get treated with graffiti removal like a kid getting treated with soap and warm water when getting a cut. That is when I realized something that had disturbed me. As far back as late 2006, I discovered that new graffiti was sprayed on this mural. I know so because its green and red spray paint colors caught my attention. Back then I assumed that just like all previous times, it would be removed as best and as soon as possible. But as of recent, I have come to discover that the same red and green graffiti is still there. Anyone knows graffiti remover is never 100% efficient which is why it is still easy to spot removed graffiti. This explains why I know that the same green and red graffiti I saw on the mural in late 2006 is the same graffiti that still stays put on the mural as of this summer 2007.
Does anyone not know the importance of this mural? From the 1970's Franklin High football team photo to the famous political figures of Highland Park's early years in the pre-depression era to the chicano friends posing in front of a mom and pop convenience store.... THIS IS HIGHLAND PARK HISTORY FOR CRYING OUT LOUD!!!!!
Having been a resident and business customer in Highland Park for my entire 36 years, I know what it is like seeing changes in this community. I have seen local politicians give to okay to knocking down some of Highland Park's most beautiful, historic Victorian homes in order to make way for welfare recipient apartments and I have seen well respected businesses like Peoples' and Ivers' department stores get torn down only to be replaced by the horrific "mini malls". Besides the Southwest Museum and the Highland Theatre sign, the mural is the only reminder of my generation's yesteryear.
NOW JUST STOP AND THINK OF THIS...... when this mural was brand new, Magic Johnson had never worn a Lakers' jersey before, Farrah Fawcett, now in her 60's, was the hottest female in Hollywood, and all four of The Beatles getting back together for a reunion was still possible. Long time ago, huh? I thought about the last few sentences you have just read and decided something needed to be done.
I decided to contact (via email) councilman Jose Huizar who covers Highland Park. I did receive an email within 24 hours, but it was the typical carbon copy email that automatically gets email to anyone contacting him. You know, the one that usually reads, "Thanks for contacting" BLAH, BLAH, BLAH. "Your email is always important" BLAH, BLAH, BLAH. "A representative will contact you soon" BLAH, BLAH, BLAH. "Have a nice day". Sincerely, Jose Huizar BLAH,BLAH,BLAH.
Never heard from any rep to this day. I then went to www.historichighlandpark.org in early August 2007 and explained the situation to them and within 24 hours was told by a gentleman from their website that he would contact Mr. Huizar (A LATE THANK YOU TO THIS GENTLEMAN BY THE WAY). As I write this letter on August 19th, still no response from the councilman, and no green or red graffiti removed yet.
Is Mr. Huizar throwing in the towel, admitting we have lost the war on graffiti? Is he waiting for re-election time so that he can be seen in front of reporters and cameras with a can of graffiti remover in his hands yelling, "we are taking back our walls" in order to get votes? Or maybe he is waiting till after something tragic happens to someone who decided to take the problem into their own hands since the city chose not to (REMEMBER THE PICO RIVERA LADY KILLED RECENTLY BY TAGGERS?).
No disrespect to Mr. Huizar but to me, this is a mural that is dying and is in need of help. I have come to realize that an army of one is never enough so therefore your help is needed. Contact Mr. Huizar and let him know his help is needed. Make him clear of your vote on re-election day. Years ago, when attending Pasadena City College, my class had an assignment where we had to mail a letter to a local politician and was given a passing grade once a response was sent back.
With under 2 weeks of class left, one student had yet to receive their response and sent a second letter warning the politician that the student would consider voting for the opposition next election time if a response was not sent. The student quickly received the letter via "express mail". Let's do both the community and the people of Highland Park a favor... "let's save this mural from dying".

Special Education Teacher Arrested
A special education teacher is under arrest for Lewd Acts with a Dependent Adult.
On Monday, August 20, 2007, Detectives from the Los Angeles Police Department's Sexually Exploited Child Unit (SECU) and Internet Crimes Against Children Unit (ICACU), arrested Fred Johnson, 60, at his North Hollywood home, on charges of Lewd Acts with a Dependent Adult. He is being held on $800,000 bail.
On August 10,2007, an aide in Johnson's class notified the principal that she had witnessed Johnson display inappropriate behavior toward several students in the Special Education Program. The police were immediately notified.
Detectives from SECU and ICACU conducted numerous interviews at the school and identified three additional victims of sexual assault. The victims ranged from 14 to 19 years of age. The case is being presented to the Los Angeles County District Attorney Sex Crimes Division for filing consideration.
Johnson had worked at John Marshall High School since 1992.
Anyone with information is requested to contact Detectives Carlos Monterroso or Traci Noggle at 213-847-5358. On weekends or during off-hours call the 24-hour toll free number at 1-877-LAWFULL (529-3855).

LAPD Moratorium on Vehicle Impounds-
Cedillo Commends
This afternoon the Los Angeles Police Department, under the direction of Assistant Chief Earl Paysinger, Director of the Office of Operations, issued a temporary moratorium on impounding vehicles on the sole charge of driving without a license. The moratorium was issued after consideration of the U.S. Ninth Circuit Court of Appeals ruling in the case of Miranda v. Cornelius which deemed the practice unconstitutional. Sen. Gilbert Cedillo (D-Los Angeles) issued the following statement:
"We commend Chief Bratton, the LAPD, Councilmember Huizar's Office, the Los Angeles City Council and City Attorney for their leadership on this issue. The decision by the department and the city to extend a temporary moratorium on certain impounds while the legality of the practice can be determined is a balanced and prudent application of the law.
The legal precedence for impounding vehicles on the sole charge of driving without a license is changing. A federal and state court ruling have determined that impounding a vehicle on the sole charge of driving without a license is an unconstitutional seizure of private property. The court rulings have not vacated the state statute authorizing impounds and peace officers retain the discretion to remove vehicles posing a public safety threat. However, the rulings do imply that statutory authorization alone does not determine constitutional reasonableness of the seizure.
This decision is a tremendous victory for the community. Our goal should not be to minimize law enforcement tools for protecting public safety; our goal is to increase public safety by training, testing, licensing and insuring all drivers."

Northeast
Crime Stats
Total of 90 reported violent crimes –
2 homicides, 1 rape, 32 robberies, 55 aggravated assaults with 22 reported shots fired and 7 shooting victims.
Arrest Totals: a total of 27 reported violent crimes arrests; 0 homicide, 0 rape, 6 robberies, 21 aggravated assaults.
A total of 316 reported property crimes include; 48 burglaries, 98 grand theft auto, 97 burglary thefts from auto, and 73 personal (other) theft.
Property crimes arrest totals: 28 reported property crimes arrests – 6 burglaries, 9 grand theft auto, 13 Larceny. The totals for violent & property crimes
A total of 406 Part I crimes reported, with a total of 55 Part I crime arrests in the N.E.L.A. area.

Cruisin' with Mary

Happy Labor Day and September to all of us in Eagle Rock! The Eagle Rockin' Rodders had a successful July cruise-in at Oinkster, complete with a lively raffle and successful canned food drive. I guess my stern reminder last month did the trick, because we had boxes and boxes of non-perishable items donated which will be given to the Highland Park Senior Center for bingo prizes. Thank you to all who participated in both the raffle and the food drive- I knew people would not forget to look into their hearts and find some generosity there!
Several previously unseen hot rods showed up, including a deep green Mustang owned by my former neighbor, Carolyn Hogue, who visited the cruise with her lovely family. We had a lot of raffle items this month donated by Power Ford so there were lots of goodies to go around. Our club will soon be deciding on which charities to honor this holiday season with the proceeds from out raffles all year long. I' keep you posted on that. The charity money is given out at our November cruise-in, as well as toy donations for needy kids.
After having a very busy month of July, August was a little calmer for the club, with not many outside activities that we participated in as a group. However, one thing of interest, is the Eagle Rock Music Festival, coming up on Sat. Oct. 6. For those of you who have not attended this free community event, you should check it out. Colorado Blvd is blocked off starting at Eagle Rock Blvd, going east until just before Townsend Ave. Last year, there were stages set up at various locations with a variety of music to be enjoyed, from country rock, to old standards, to cajun/zydeco music and even a bit of heavy metal. Last year some of the club walked the entire route, pausing to have dinner at one of the local eateries and then listening to each of the music selections. It was the first time I had ever done this, and even though it was a little chilly, it really was fun. This year the Eagle Rockin' Rodders as well as some other car enthusiasts have been invited to participate in a car show on the Blvd. Look for us with our logo and banner. It looks like our club will be a major attraction this year, and we certainly look forward to participating in this community event. I' keep you posted in the Oct. issue of the Blvd. Sentinel. Since I have a bit of writer' block this month, I' close by saying what I usually say -- " on Cruising" and everybody stay safe!

Wiggle Waggle Walk
On Sunday, September 30, a team representing the Friends of Hermon Dog Park will join 1,200 other animal lovers in the Pasadena Humane Society and SPCA's 9th Annual Wiggle Waggle Walk for the Animals at Pasadena's world famous Rose Bowl.
They invite you to join their team; and say it will be fun to see all the dog park friends together and working as a group to help raise funds for a worthy cause! Please visit www.wigglewagglewalk.org to join the team. If you are unable to participate in the walk, you can still show your support by making a donation in the team's name.
At this special event, participants can walk with their dogs around the Bowl in support of the life-saving programs of the Pasadena Humane Society. Afterward, everyone can enjoy a Family Fun Fair with activities, demonstrations, and shows for every member of the family -- two- and four-footed! The Friends of Hermon Dog will also have a booth at the fair, so be sure to stop by and say "hi". (Part of the FHDP's mission is to help other organizations that care for dogs in need).
Donations raised through the walk help the Pasadena Human Society in its efforts to educate the public about the humane care and treatment of animals, promote spay and neuter services, encourage the adoption of homeless animals, and provide the nearly 11,000 animals it rescues each year with food, shelter, and medical assistance.
The Wiggle Waggle Walk, Run & Ride for the Animals will be a day filled with fun, laughter, and camaraderie. So come out and continue to support all that the Friends of Hermon Dog Park represent.

Delgadillo Secures Jail for Avenues Operator
Los Angeles City Attorney Rocky Delgadillo today announced his Neighborhood Prosecutor Program has secured jail for the former operator of a notorious Northeast Los Angeles drug house for violating terms of a civil narcotics abatement injunction that was initiated by the Taking Out Urban Gang Headquarters (TOUGH) program.
The house was also used by members of the violent Avenues criminal street gang as a base of operations for the gang. Nicholas Real, a member of the Avenues criminal street gang, was convicted of violating a court order to stay away from the property at 3304 Drew St. and was sentenced by Judge Spurgeon E. Smith to 60 days in jail. Real is scheduled to surrender to custody on August 10. Proof of surrender will take place August 13 in Division 77 of the Hollywood Courthouse.
The charges stemmed from a civil narcotics abatement lawsuit filed by Delgadillo's Safe Neighborhoods Division against the owners and residents of 3304 Drew St., including Real, for maintaining the property as an illicit narcotics sales front. In 2006, a four-year permanent injunction resulted in the closure of the property, eviction of the Real family, and an order that Nicholas Real stay at least 150 feet from the property. To this day, the property remains closed by the court.
On March 5, five months after the permanent injunction took effect, LAPD Northeast Area Bike Officers passed an apartment building within the 150 foot stay-away zone and noticed Nicholas Real's silver Cadillac CTS in the driveway. As officers moved closer to verify the license and VIN number on the vehicle, they observed Real speaking to an unknown man on an apartment balcony. Officers took Real into custody on the sidewalk for violating terms of the injunction.
Action taken against the property at 3304 Drew St. is part of Delgadillo's T.O.U.G.H. program, focusing on property abatements through lawsuits seeking aggressive and specifically tailored injunctive relief against property owners and gang members.
As part of Delgadillo’s comprehensive anti-gang plan, the Citywide Nuisance Abatement Program continues to abate nuisance properties with special attention paid to locations with a gang connection. When gang activity is extensive at a nuisance property, the case is transferred for special handling to the T.O.U.G.H. program.

DASH Crash

A local Eagle Rock / Highland Park DASH Line Bus rolled unmanned into Gene's Automotive last month in Eagle Rock. The bus, on its regular route, had just made its stop on Figueroa Street, right in front of JJ's Hand Car Wash at the corner of Figueroa and La Loma.
Witnesses who were on the bus at the time reported that after the bus let off passengers at the stop, the rear door would not close. The driver ordered everybody off the bus, and opened the rear hood to see if he could fix the problem. According to witnesses, the doors then closed and the brakes released, allowing the bus to roll backward, going south on Figueroa Street.
The driver was unable to re-enter the bus to apply the brakes, and narrowly escaped being run over himself before the bus jumped the curb and crashed into the north wall of Gene's Automotive.
No one was injured, but the vintage brick automotive service building was severely damaged.

City of L.A. Settles Lawsuit-

Awards Ruby deVera $125,000

Francis B. Agcaoili, Esq.
Ruby De Vera was awarded $125,000 as settlement for her lawsuit against Councilman Ed Reyes (1st District) and the City of Los Angeles. She was terminated the very day she returned to work after running for an open seat in City Council during the November, 2005 elections. De Vera, who was Reyes' office manager at the time, did not run against her boss, but rather against Jose Huizar, a candidate Reyes later endorsed and was backed by Mayor Villaraigosa.
De Vera came in a respectable 3rd place out of 12 candidates and would have made history as the first Filipina woman to be elected as a City Councilmember for Los Angeles. Prior to her termination from Reyes' office, De Vera had an unblemished work record with no history of discipline working for the city for the past 10 years.
"This outcome proves that my termination was unjustified and confirms legal precedence that no one should ever be fired because of their political activities. I hope my case will encourage more Filipinos to pursue their dreams of running for office and be a voice for their community which has always been my passion," De Vera states.
De Vera's lead attorney, Toni Jaramilla, comments "This was an enormous victory, both monetary and symbolically. Ms. De Vera secured another job within days so her economic loss was not significant. $125,000 is therefore very dignified. But it was never about the money. The lawsuit was always about holding a government and its leaders accountable for infringing on a citizen's free speech rights to run for public office. This was a righteous case and we could not wait to bring it before a jury."
Councilmembers Bill Rosendahl and Janice Hahn justified De Vera's termination in their comments to the LA Times (August 18, 2007) that De Vera was an "at-will" employee. Rosendahl went on to say that De Vera was "gaming the system" which De Vera denies. Jaramilla remarks "Apparently, Rosendahl and Hahn fell asleep during history class when the U.S. Constitution was discussed. It is appalling that some of our own elected officials cannot grasp the basic concept that just because you are an at-will employee, does not mean you have no protections under the Constitution or other state and federal laws that prohibit discrimination and
retaliation in the workplace."
David Duchrow, co-counsel for De Vera states "Ruby was an exemplary employee and is beloved in the community as demonstrated by the huge amount of votes she received. This kind of 'back room brokering' of elections should not be tolerated in LA. The public, and not government leaders by virtue of their power and influence, should decide who can and should run for political positions." Regarding Rosendahl's comment about De Vera, "We are examining our
options at this point on whether to pursue an action against Rosendahl, and/or have the settlement voided and proceed to trial," says Duchrow.

Eagle Rock Presbyterian Church

Welcomes New Pastors
Eagle Rock Presbyterian Church has a new designated pastor, Jeffrey Howard. He has finished his work at Fuller Theological Seminary and is waiting approval from the National Capital Presbytery in Washington DC to be fully ordained later this year.
Jeff is a graduate of Dickinson College in Carlisle PA with a BA in Physics and Philosophy. He received his MBA from George Mason University in Fairfax, VA. and recently received his Master of Divinity from Fuller in Pasadena. Previously Jeff served as an intern at Faith United Presbyterian Church in Highland Park. He also served at Pasadena Presbyterian Church where he founded the CrossRoads International Student Ministry. Prior to that he led worship at the National Presbyterian Church in Washington DC .
Prior to receiving his call to ministry; Jeff had a career in business which included founding, owning and managing retail stores, and having an online business called TARSUS, selling point of sale systems to retail stores.
His leadership style is to empower people, helping members of the church to engage in their own ministries. Jeff plans to share his experience in multi-cultural ministry at Eagle Rock Presbyterian with his wife, Grace. Grace is from South Korea, and holds a Doctorate in building multicultural churches from San Francisco Theological Seminary. She is a Candidate for the Ministry of the Word and Sacrament later this year.
Eagle Rock Presbyterian Church welcomes Jeff and Grace to the community of Eagle Rock.

Huizar Moves to Preserve History
As you may know, the City of Los Angeles is embarking on a Citywide Historic Resources Survey to evaluate the historic significance of every parcel in the City over several years. In the meantime until the Citywide survey is completed, Councilmember Huizar is advocating for a change to City policy so that any request to demolish a building more than 45 years old would automatically trigger some level of discretionary review to determine whether the building has historic or cultural significance.
The motion can be found online at http://clkrep.lacity.org/councilfiles/07-0460_mot_02-13-07.pdf and is expected to come before the Planning & Land Use Management Committee on Sept. 18 (2pm at City Hall room 350) for initial consideration and to direct staff to report back with ideas, options and suggestions for putting it into place.

Friends of the Cypress Park Library

Book Sale
The Friends of the Cypress Park Library will hold its regular twice-a-year Book Sale on Saturday, September 8, from 10:30 a.m. to 2:30 p.m.
Hundreds of used and like-new books and some CDs, VHS and DVD videos, and audiotapes will again be offered for sale to the public at bargain prices (all priced at less than $1) to help raise funds to support children's and youth programs at the library.
The Friends book sale will be held in the library's Community Room at 1150 Cypress Avenue (at Alice Street), in the Northeast Los Angeles neighborhood of Cypress Park. Contact (323) 224-0039 for general library information.
The Friends of the Library group meets regularly to plan fund-raising and volunteer support activities for the library. In addition, the group donations excess copies of some books to local senior-living facilities and convalescent homes.
New members, and book and monetary donations, are always welcome

VOICE IN THE

EAGLE ROCK WILDERNESS

Christopher Nyerges
DISAPPOINTMENT WITH APOCALYPTO
Like many other Eagle Rock residents, I finally saw the much-discussed Apocalypto movie, directed by Mel Gibson. To me, it was a terrible movie, disappointing in just about every way. Sure, there were great costumes and lots of tatoos and bones sticking out of people's faces. And the scenery was beautiful. But I watch a movie for some lesson, some point, some redeeming value. I look for a principle of life that I can recognize and hopefully apply the positive aspects to my life. I detected not a bit of that in Apocalypto. The movie consisted of the daily banter among one tribal group, their capture and imprisonment by a more brutal group, and then an unlikely and pointless chase scene.
Mel's savage leader from the capturing tribe was just the reincarnation of one of the brutal Roman soldiers in his Passion of the Christ.
Apocalypto was a pointless movie and after feeling so disappointed that I wasted two hours, I wondered why Mel took the time to make a movie with no redeeming value, no real insight into human nature, and no particular historical authenticity.
Not all my Eagle Rock friends agreed with my conclusion. Some felt that most movies are pointless, and they are satisfied for two hours of exciting action. Still, I prefer something more.
I thought that Mel could have uses the scenario of two factions in a society and the disappearances of societies to make a good point about the human condition. There was the possibility for insight into the Jonestown massacre, and various disappeared societies such as the Moche, and so many others. But there was no such insight provided.
It would be worth while to compare and contrast Mel's spectacular pointless movie with the original Lord of the Flies, filmed in three months by rookie film-makers with non-actor children. There we saw a classic depiction of the degeneration that occurs when individuals choose to not remain civil, and the two factions that developed as the children followed their respective leaders. The Lord of the Flies not only provided a valuable sociological lesson for generations to come, but it wholly changed the lives of the children actors.
But somehow Mel Gibson missed all the possible lessons that he could have conveyed in Apocalypto. It was simply two hours of great costumes, great scenery, and bodies with exotic tatoos and scars and faces with numerous nose, chin, and ear inserts, all with questionable historical value.
So why should we see Apocalypto? No reason that I can think of.
As an actor, Mel Gibson really has provided us with some valuable lessons in his movies such as The Year of Living Dangerously, the Mad Max series, Signs, and others. He has failed to live up to a high standard in Apocalypto.
A movie should be an open book, a vehicle for upliftment, inspiration, and useful lessons of life. If not, why should we devote our time to seeing it?
BOOKS, OUTINGS
Nyerges is a manager of the Tuesday Farmers Market in Highland Park at Ave. 57 and Marmion Way. He also leads weekly survival skills classes and is the author of 7 books, including How To Survive Anywhere, available at all bookstores.
For more information, check www.ChristopherNyerges.com or write to Box 41834, Eagle Rock, CA 90041.

Free Senior Citizen Animal Services
You may obtain a Free Spay/Neuter Certificate worth $60, which covers the entire cost of sterilization at a participating veterinary hospital if you are aged (62+) and a resident of the City of Los Angeles.
The Free Spay/Neuter Certificates are distributed through any one of the six Animal Care Centers.
The Free Spay/Neuter Certificate will be issued to you, along with a list of veterinary hospitals that participate in the program. Select one of the veterinarians from the list and schedule an appointment for your animal companion's sterilization. Be sure to mention that you wish to use your Free Spay/Neuter Certificate as payment for the surgery. At the time of the appointment, present the Free Spay/Neuter Certificate to the veterinary hospital.
Free dog licenses and spay/neuter certificates Seniors aged (62+) living in the City of Los Angeles qualify to receive a free dog license (must show proof of current rabies vaccination) and qualify to receive a Spay/Neuter Certificate valued at $60 for use at participating veterinary hospitals.
For more information about free dog licenses for seniors, call the Department of Animal Services Licensing Division at 213-482-9550 or your North Central Animal Shelter, located in Lincoln Heights at (213) 485-9241.

EAGLE ROCK NEWS