Arrest Over Supergraphics

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The city is finally getting very serious in its war on supergraphics, with one arrest and four warrants over the huge and illegal building-side ads.

The latest from the L.A. Times:

Los Angeles City Atty. Carmen Trutanich intensified his crackdown on illegal billboards, securing arrest warrants against four people accused of putting up supergraphics without permits....

The move comes several days after the jailing of a Pacific Palisades man [Kayvan Setareh, owner of 6800 Hollywood] on $1-million bail over a contested eight-story sign on Hollywood Boulevard....

Trutanich promised in last year's election campaign that he would crack down on unpermitted signs, responding to complaints from neighborhood groups that had accused the city of being impotent in the face of the outdoor advertising industry....

Trutanich also secured misdemeanor criminal warrants against four companies, including Yorkbury Investments and Yorkwood.,,,,the city attorney also obtained warrants against Community Redevelopment Assn., a private company, and Hangtime Installers Inc. Community Redevelopment filed a suit last year seeking to strike down a 2008 city moratorium on new supergraphics, saying it had been denied a permit to place a sign at 6800 Hollywood.

Tim Rutten at the L.A. Times has a good explanation of why Trutanich's initial bail demand on Setareh was out of line:

On Friday, Trutanich had Pacific Palisades businessman Kayvan Setareh arrested for ignoring warnings from the city attorney's office and allowing an eight-story supergraphic to be draped on a building he owns at Hollywood Boulevard and Highland Avenue. Setareh reportedly has a history of ignoring city regulations and neighborhood complaints about graphic ads on several other buildings he owns in Hollywood.

The problem is that even scofflaws are entitled to due process. Trutanich found a feeble-willed judge who was willing to set the landlord's initial bail at $1 million. By having him arrested on a Friday, the city attorney essentially gave Setareh a choice: Pay the nonrecoverable $100,000 a bail bondsman would have charged to write the bond, or spend the weekend in jail, because it takes three to four days to secure release by putting up your own real property as surety. (The bail was subsequently reduced to $100,000.)

Putting aside the question of whether there's any ethical proportionality in demanding $1 million bail for three misdemeanor charges, are we really supposed to believe that Setareh -- with all his holdings in Los Angeles -- is a flight risk? Bail is not a punishment; it simply is a way of enforcing a defendant's promise to appear in court. In this case, though, Trutanich essentially imposed a choice between jail time or a $100,000 fine on a defendant who'd never had a minute -- let alone a day -- in court and is entitled to the presumption of innocence.

For some of the history of the city's war against these ads that some consider aesthetically displeasing, see these City of Angles reports from October and May.

(Photo: David McNew/Getty Images)

4 Comments

This ordinance violates the first amendment, so it's not a law at all. Trutanich should know this, and he deserves to be disbarred for his vendetta.

-jcr

Tim Rutten's op-ed piece is a disgusting example of the depths that a once fine newspaper has come to in order to try to sell adverts to the very people who abuse and ignore the City's laws on billboards. Rutten conveniently conceals the fact that when considering bail, it is public safety that is the primary concern, not the negligible flight risk that this 49 year-old Iranian businessmen presented. Rutten also says that Setareh "is presumed innocent," but doesn't tell you that, for the purposes of setting bail, he is presumed to have committed the charged crimes - think about it - if everyone charged with a crime was presumed innocent for the purposes of setting bail, there would be no need for bail. Rutten is either deliberately misleading, or recklessly misinformed. It's no coincidence that Rutten's wife is a criminal defense attorney - Leslie Abramson, who has her own unique concept of law and order, She had to take the protection of the 5th Amendment when it was discovered that she had altered an expert witnesses notes in the infamous Menendez Brothers murder trial. This is a classic case of not trusting the message because you cannot trust the messenger.

Tim Rutten and others criticizing the City Attorney's tactics
are glossing over the issue of public safety. There is ample evidence in the form of testimony from fire officials that giant signs wrapped around buildings can be a threat both to firefighters and building occupants if a fire breaks out. There is also a potential danger to pedestrians and motorists if the uninspected attachments of the sign to the building fail, as they have in several cases, although no injuries were reported. Carmen Trutanich performed an important public service in getting this sign removed after just four days. For more on the safety issue, read the article "Supergraphic Signs: Carmen Trutanich, the Code of Hammurabi, and Excessive Bail"

Rutten's excerpted article fails to mention that Setareh was warned by the DA not ONCE but TWICE not to put up the super graphics - but Setareh chose to ignore the warnings and did it anyway.

His flagrant disregard for the law proves that he is INDEED a flight risk.

Trutanich is the best thing to happen to LA in a long long time.

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