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Art Walk Los Angeles' Nasty War: Oops, Food Truck Ban Is Illegal
PHOTO BY TED SOQUI
Volatile charmer: Joe Moller runs the nonprofit calling itself Downtown Los Angeles Art Walk, but he doesn't run the event. Nobody does.
On the surface, Downtown Los Angeles Art Walk is a celebration of local art, public space and nightlife, luring thousands of revelers and art lovers into the once-forgotten Historic Core on the second Thursday of each month.
It is a deconstructed event, re-created each month by scores of private entrepreneurs who decide whether or not to jump in. It's not run by anyone, not even by the nonprofit funded by downtown business interests that a few years ago took on the name Downtown Los Angeles Art Walk for itself.
But last July, when an infant sitting in a stroller on a city sidewalk was tragically struck and killed by a driver trying to parallel park, a struggle erupted over how to reduce huge throngs of up to 30,000 people in hopes of making the event less chaotic.
PHOTO BY TED SOQUI
Volatile charmer: Joe Moller runs the nonprofit calling itself Downtown Los Angeles Art Walk, but he doesn't run the event. Nobody does.
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Under the direction of Board of Public Works president Andrea Alarcon, city agencies last August controversially banned the scores of food trucks that operated inside the Historic Core, which is the heart of Art Walk. For years, many of these trucks had leased single-day spots in private parking lots, where they peddled to the crowds sandwiches, tacos, desserts and other edibles.
The city's Art Walk Task Force, which also is chaired by Mayor Antonio Villaraigosa's political appointee Alarcon, was instrumental in winning the ban, arguing that the popular food trucks were to blame for heavy crowds, which could result in another tragedy or mishap.
Some of the private entrepreneurs cried foul but lost.
The effect of the ban could be seen at the May 10 Art Walk. Parking lots that once bustled with food, affordable art and people, in a large area bounded by Main, Spring, Third and Seventh streets, now were filled with parked cars. The Historic Core was more manageable. And the June 14 Art Walk this week is expected to go smoothly.
But behind closed doors, Downtown Los Angeles Art Walk may be edging toward a crisis.
L.A. Weekly has learned that the city is defying a 1996 court injunction that prohibits the government from banning food trucks from private parking lots such as those in the Historic Core.
If anyone sues, taxpayers could be on the hook.
Philip Greenwald, the attorney who won that injunction, has represented mobile catering trucks for 45 years. He was stunned to learn that the city had banned food trucks from private parking lots after it was judged unconstitutional.
"I'm telling you straight out," Greenwald says, "that that injunction has never been withdrawn, it's never been overruled, it's never been set aside."
A spokesman for L.A. City Attorney Carmen Trutanich's office, sounding ill at ease, repeatedly refused to comment on the city's apparent override of a court order.
But the Department of Building and Safety has been more vocal. Its chief inspector last month publicly warned Alarcon and the Art Walk Task Force that the city does not regulate food-truck entrepreneurs operating in private parking lots.
Building and Safety officials reiterate that fact to the Weekly, releasing to the paper a document detailing the 1996 court order that prohibits City Hall from banning "mobile industrial catering trucks" from private lots, describing such bans as unconstitutional.
Yet that appears to be exactly what the City of Los Angeles is doing.
And city leaders have placed Alarcon — who is not an attorney but is the daughter of Los Angeles City Councilman Richard Alarcon — in charge of making it stick.
Bert Gall, senior attorney at the Institute for Justice in Washington, D.C., which represents small business owners, currently is directing a pro–street vending effort in the United States. He says of L.A.'s situation, "Banning trucks from operating on private property is very problematic, to say the least."
Phillip Dane is one of those entrepreneurs. For years he has held his "mini-event" at Art Walk, called Truckit Fest, at which he rents space from a private parking lot in the Historic Core, then re-rents spots to as many as 38 food trucks.
When the city's Art Walk Task Force in August gave him and other similar businesses just a few days to abandon their popular venues and relocate to the periphery of Art Walk, a chaotic search erupted for outdoor rental spaces around the Historic Core.
During last month's Art Walk, Dane says, he was busily overseeing his Truckit Fest event in its new location outside the Historic Core, when Alarcon, the city commissioner spearheading the ban, appeared — and zeroed in on him.
Dane says Alarcon asked L.A. city fire inspectors to prevent any further customers from entering Truckit Fest. Then, on the force of Alarcon's claim — that he lacked a permit — Dane says inspectors closed his entryway to diners and art buyers, and his many small vendors lost significant money during 40 minutes of interrupted business.
According to Dane, Alarcon's accusation was untrue, and his entry was reopened.
A few days later, Dane attended May's Art Walk Task Force meeting, chaired by Alarcon, planning to force her to publicly explain her interference with his business.
Alarcon archly responded, "Phillip, I'm not going to engage in a back-and-forth with you. We will talk about it at another time." She refuses to discuss the incident with the Weekly.
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12 comments
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I was on the block when the accident happened. Typical of LA government to come in and ruin a successful event based on a lie to extort money. Food trucks had NOTHING to do with a private car jumping a curb. Why don't they worry about the wannabe thugs that are coming into the neighborhood during artwalk and starting fights? Everything good must come to an end I guess. It was a very good for a while. Friends used to come to DTLA on artwalk days every month and we would grab a bite(sometimes at a food truck), walk around, buy some art or at least discover incredible talent and purchase later, hit a few bars and walk back upstairs. With that being said, I have NOT been to artwalk in months. The whole vibe has changed (for the worse). I would like to see the numbers of how much the city pulled in sales tax, vendor permits, and parking fees(all the lots are taxed). It's a random Thursday night when most people would just be at home NOT spending any money. IMO we need as much activity as possible to increase the tax base. LA and to a greater extent CA have an anti business rep for a reason and it's well earned based on what I see in the case of artwalk!
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The saddest thing about this very unfortunate situation is that the LA Weekly was comfortable referring to the Downtown Art Walk's non-profit board as "represent[ing] downtown business interests." That certainly was not the case when my husband Richard Schave and I volunteered to create the non-profit, after Bert Green asked us to take over management of the Art Walk in late 2008. We stated at that time that Art Walk through its non-profit was to be a "People Improvement District" -- as opposed to the Business Improvement Districts which do represent these commercial interests. Because certain business interests refused to work with the non-profit while we ran it, we ended up resigning from the non-profit after its second board meeting. I think it would behoove the Art Walk board to revisit the "Making The Case" document that it voted into place in October 2009, and try once again to achieve its goals. Even three years later, many of the event's ongoing problems could still be solved by following these directions for improved public safety, fundraising, community advisory committees, officially curated events and other aspects of non-profit management. A link to that document is below. http://artwalk2009.wordpress.com/2011/08/01/policy-directions-abandoned-by-the-downtown-art-walk-board-in-2010/ - Kim Cooper, founding Treasurer / Curator, Downtown Los Angeles Art Walk
If it's only a restriction in the historic core, and only on artwalk night for a specific number of hours, it, by definition, is not a ban. It's a time, place and manner restriction.
The saddest thing about this very unfortunate situation is that the LA Weekly was comfortable referring to the Downtown Art Walk's non-profit board as "represent[ing] downtown business interests." That certainly was not the case when my husband Richard Schave and I volunteered to create the non-profit, after Bert Green asked us to take over management of the Art Walk in late 2008. We stated at that time that Art Walk through its non-profit was to be a "People Improvement District" -- as opposed to the Business Improvement Districts which do represent these commercial interests. Because certain business interests refused to work with the non-profit while we ran it, we ended up resigning from the non-profit after its second board meeting. I think it would behoove the Art Walk board to revisit the "Making The Case" document that it voted into place in October 2009, and try once again to achieve its goals. Even three years later, many of the event's ongoing problems could still be solved by following these directions for improved public safety, fundraising, community advisory committees, officially curated events and other aspects of non-profit management. A link to that document is below. http://artwalk2009.wordpress.com/2011/08/01/policy-directions-abandoned-by-the-downtown-art-walk-board-in-2010/ - Kim Cooper, founding Treasurer / Curator, Downtown Los Angeles Art Walk
art square was kicked out of their building by the owners & all the residents are happy. also, someone should teach this reporter how to write, this crappy story sounds like that dane guy paid her to write it. no wonder no one reads this paper any more.
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Last I heard, news was supposed to be unbiased. Seems this author has a thing for food trucks. Flat out they are the problem. They bring hoards of people to the event with their "tweets" and throw up their hands and the extra cost they produce for the area, the city, and the people who live here. Keep it up guys--the event can get shut down don't think you're above it and then you will have nothing.
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