Category Archives: Crime

Feb 1 2012

gang rape redux 2012

So its 2012, yet there are still instances of horrific crimes against people, against nurses who are on a mission to simply tend to the sick. It happened practically a week ago – a 53 year old home health nurse was brutally gang raped in Zion City, in an abandoned house in the 1300 block of South Gayoso during the afternoon of January 26, 2012. The first appearance in the Times Picayune of this incident occurred on Monday evening, and a follow up report indicates there still is no police report on the crime.

Could that be because the owner of the abandoned 4-plex where the gang rape occurred is owned by (ironically) a CEO of a biomedical company who is developing the planned Tulane medical corridor? I find this interesting…

The location where the woman said she was raped is a rundown fourplex owned by Jim McNamara, president and CEO of BioDistrict New Orleans, the state agency charged with redeveloping portions of the Central Business District and Mid-City into a medical corridor. McNamara said police had not contacted him. In fact, he was unaware of the attack on his property until contacted by a reporter. His brother lives in the only occupied unit on the property and also was not aware that anything untoward had happened there, he said. The attack probably happened while his brother was at work, he said. “I’m sure if he would’ve been there he would’ve stopped it,” McNamara said.

The thing that strikes me is, how in the heck is one man going to intervene in a gang rape of a lone female by six adrenaline fueled men?

I think this echoes the pathetic state of the city of New Orleans, the utter breakdown of the moral fiber that can fuel such an incredibly heinous act, in 2012. And we are relegated to wringing our hands, expressing outrage and praying for the victim to recover both physically, mentally and spiritually.

The first thing that came to mind when I read this story, buried in the back pages mind you, was JoEllen Smith. Miss Smith was a student nurse who was making a house call in Algiers sometime in 1973, and was brutally raped and murdered while on a “mission of mercy”.

JoEllen Smith has been memorialized, having a hospital named in her honor and a memorial scholarship still actively bestowing funds to eligible people 39 years later. But it was quite unfortunate that she was killed while caring for the health of others. I am not comparing the two crimes, but instead I ask when will the lurid segment of mankind recognize the actions of those who serve a selfless mission to ease the suffering of others, without feeding their own deplorable, twisted need to commit vicious crimes against nature?

Come on NOPD…

UPDATE: NOPD has made some arrests in this case – read about it here – and the Times Picayune published an editorial piece on how the NOPD handled the incident in today’s paper.

Jan 22 2012

Guest Blogger Dawn (aka FQP) on anarchist posters in the FQ

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This gallery contains 4 photos.

Recently a friend posted some photos she’d taken of several placards recently posted in the French Quarter/Marigny area. A conversation ensued and I asked her to write up something about her opinion of the message the posters were broadcasting. Dawn … Continue reading →

Dec 23 2011

Cat Island…the heartbreak continutes

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This gallery contains 1 photo.

I have been lucky in friending Plaquemines Parish P.J. Hahn, Director of Coastal Zone Management on facebook and following his photography. I did so during the oilspill of 2010, knowing he would provide local, honest first-person reporting of an incident … Continue reading →

May 17 2011

Corruption as an offensive strategy?

Last year, New Orleanians heralded the hiring of a new NOPD Superintendent as a fresh start (even if the person in question is known to have had his eye on this post for more than 15 years’ time). I wonder: Just how much meaningful change is possible when the NOPD continues to keep officers on board in prominent roles who have well-documented tarnished records or, at the very least, who might have axes to grind?

Major Raymond C. Burkart, Jr. has a history of questionable actions stretching back through multiple NOPD command reconfigurations, including allegedly threatening an assistant U.S. attorney in 2001 and being indicted on bankruptcy fraud charges, as detailed by The Gambit in 2003. In light of recent events, I find it curious that Maj. Burkart has reportedly recently been assigned by the NOPD to work within the troubled 9-1-1 emergency dispatch center.

Captain Frederick C. Morton of the NOPD’s Inspection Division wrote the report issued in March 2011 that threw a spotlight on the police detail work issue; this report also cited the NOPD Eighth District for downgrading reported crimes to perhaps paint an impression of improvement. However, Capt. Morton has also been discovered to be the agent of record for “Rosewood Watchmen, LLC” which was also recently suspended from doing detail work. Isn’t that a bit like the cast-iron pot calling the kettle black (while acting like it’s porcelain and also microwave-safe)?

Captain Norvel Orazio was fired by former NOPD Superintendent Eddie Compass from the post of First District Commander (in which he’d succeeded Compass) for reducing criminal charges to lesser offenses in an attempt to make it appear that crime was on the decline in his District. So why, then, is Capt. Orazio currently employed by the NOPD in the Third District? Oh, right. He was reinstated by the City of New Orleans. Some suggest that the crucial factor in this reversal of fortune was the possibility that “Compass’ record was not unassailable…”.

Captain Michael Glasser is admittedly the curious outlier in this list (One of these things is not like the others, one of these things just doesn’t belong!). While his actions do not beat a path to incidents of disciplinary action or the taint of corruption, it should be noted that he has been critical of Supt. Serpas’ reform efforts. Even his semi-positive responses to Supt. Serpas’ actions seem, at best, like backhanded compliments (such as these remarks regarding a recent NOPD employee survey):

“Capt. Michael Glasser, head of the Police Association of New Orleans, which represents officers’ interests, said the results were encouraging. But he added that he wished more officers had participated.

“‘The survey certainly reflects what the respondents said, but it doesn’t reflect all of the officers,’ said Glasser, who acknowledged taking part in the survey.”

In New Orleans, gossip and rumors are accepted as time-honored components of our city’s eclectic social currency. There’s been a lot of talk going around as of late… Some are saying that these specific members of the NOPD’s upper brass were displeased with potential reform efforts to be implemented by Superintendent Ronal Serpas.

If these four men aren’t able to attack Supt. Serpas directly, is it possible that they’re using a strategy of “the best defense is a good offense” and any available means to target the Superintendent indirectly?

Apr 17 2011

Discretionary orders

A friend forwarded the following Los Angeles Times story to me, asking if I was aware of this aspect of the Henry Glover murder trial as part of the events that occurred in the early days of September 2005, when Glover had been shot in the chest by a New Orleans police officer in the Algiers neighborhood of New Orleans. It was disturbing to reply that, in fact, I wasn’t.

On the Media: Times-Picayune wounded by what photographer didn’t shoot

It seems to me that local coverage of this facet of the story has been surprisingly sparse. While Alex Brandon’s testimony was covered in some of the reporting of the events of the trial, the photojournalist’s actions appear to have escaped homegrown notice or examination.

The heart of the problem: Brandon admitted during his testimony to complying with a police demand to not photograph the body of Henry Glover, who’d been shot by a police officer. While his editor at the Times-Picayune expected to be informed about incidents of violence or conversations with law enforcement personnel, the fact is that Brandon chose to ignore those directives. It seems that, from Brandon’s actions, some “orders” are to be followed, while others can apparently be ignored.

Alex Brandon may have chosen to not speak of what he had witnessed but not photographed out of fear for his own well-being, suspecting — or perhaps even knowing? — that the officers who were involved were capable of murder. Photos that serve as evidence of police officers looting stores are one thing; pictures of a crime scene that would easily serve an evidentiary purpose in an officer-involved shooting would likely be of greater consequence.

It is also equally possible that Brandon may have seen himself as being in an alliance with the officers with whom he’d become “embedded.” Brandon testified that many of the officers at the scene were his “good friends”; it appears that his decision to keep the lens cap on his camera may have been a favor to his buddies. He may have also feared loss of access to the coverage essential to his livelihood at a time when having a shot at a Pulitzer Prize must have been a powerful motivation.

I’m frankly curious as to when Alex Brandon was identified as a potential witness for the prosecution — did he come forward before the indictments were issued, or was he subpoenaed after the fact?

If I were faced with this situation in real time, I admit that I have to wonder: What would I have done? I do know that this is not the path to justice I would wish to appear to support through silence or inaction, especially if it meant that the officers involved would potentially remain on active duty. I realize, too, that it’s also much easier to ponder such things in the abstract and from a distance.

I wonder if the police officers charged in the Henry Glover case would have attempted to conceal Glover’s wrongful death if there had been photos of the scene at Habans Elementary School taken by a respected photojournalist.

Finally, I can’t help but wonder if Alex Brandon witnessed anything else he’s not come forward about, other instances where justice isn’t simply being delayed, but is instead being denied.

Mar 7 2011

Musings about controlled madness

Photo credit: Traveling Mermaid/Charlotte Ash

With regard to the Eris parade incident, rumors have been flying today and few verifiable facts have surfaced. As usual, the NOLA.com account of this incident is drawing a variety of opinions and reactions: New Orleans police and marching group clash Sunday night in Marigny

This incident reflects the general conundrum I’ve been considering during the past week: On one hand, the City of New Orleans’ Administration and the New Orleans Police Department do appear to be selectively enforcing laws; on the other, it’s a fact that many of our city’s citizens cherry-pick which laws they’ll choose to obey.

Does the lack of a parade permit warrant the use of pepper spray, stun guns, or batons? My response is an unequivocal “No.”

But I’d also like to ask, could this incident have been avoided? Maybe.

I do not doubt that many of the participants in the Eris parade spend a great deal of time creating beautiful and fantastical costumes, planning for the event, and composing original music to perform during the parade’s night of marching. That being said, why is it unreasonable to ask that someone in the organization crosses the T’s and dots the I’s by securing a parade permit and the required NOPD escort?

I learned today that the cost for a parade is $875 to meet the minimum requirements (a $275 flat fee for the parade permit and $600 for the required minimum of four NOPD officers to provide an escort and control traffic for the parade participants). It’s my guess that $10 per person marching/participating would more than cover these fees, or that the money could possibly be raised through a one-night benefit event at a local bar or club.

Accounts of the alleged violence perpetrated by the NOPD are being shared at lightning speed, however, I’ve yet to see any investigative effort with regard to reports of so-called parade participants dancing on parked cars, kicking over mailboxes, tagging and scratching cars, or throwing bricks and bottles (nor are these alleged acts mentioned in the NOLA.com story).

It has also been reported that six law enforcement officers were injured; is there more information available regarding the circumstances from which these injuries resulted? Has anyone seen or documented the reported damage to the two police cars? Has it been confirmed that all of the law enforcement officers involved were, in fact, NOPD officers? Where are the photos and videos documenting the reported incidents? Without these facts, the story is far from complete.

All things considered, I would like to learn more about what occurred before everything went sideways.

The Krewe of Eris was formed in 2005; its brief history also includes other clashes with law enforcement. I have to wonder, is this part of the Krewe’s modus operandi? (Simply put: Why is it okay to accuse the NOPD of repeatedly offending, while it seems that this recently-created krewe is somehow above reproach?) Why didn’t the parade disband on Sunday night when the crowd was told to disperse or when it reportedly faced a barricade?

It’s ironic. While researching the parade permit details earlier today, I had the pleasure of watching the Red Beans and Rice Lundi Gras parade cavort down my street, filling the block where I live with joy, color, and music (an organization that’s only in its third year of marching). I’d estimate that there were about 200 participants (with newcomers joining in as the parade flowed by); they were led by an unmarked, lighted police car and had three motorcycle/scooter cops controlling traffic (who facilitated the parade crossing N. Rampart Street at an intersection without a traffic signal). The presence of the NOPD officers did not inhibit the parade or its participants in the slightest.

With that in mind, I ask this final question: If the Krewe of Eris had obtained a permit and secured the required police escort, would the alleged threats to public safety and incidents of property damage have been as likely to occur? This one act of compliance could have been sufficient to deter those who may have been determined to be destructive instead of celebrating creativity. It is unfortunate the event’s founders did not act to protect its participants in this manner.

All those questions aside, I don’t see the artists and musicians as being the troublemakers in this incident; I am disheartened that they were caught up in the fray. If it is determined that the NOPD (or any law enforcement agency) used excessive force or engaged in unwarranted action, then I expect those officers to be identified and prosecuted aggressively to the full extent of the law.          None should be exempt from being held accountable (regardless of occupation or avocation).

Mar 2 2011

Mardi Gras, meet the new Administration

I was recently asked my opinion about the “Police shutdown of Mardi Gras Costume sale ‘a real drag’” story posted to NOLA.com by several people who know that I work with the New Orleans Police Department as a volunteer community liaison. (This role was essentially conferred as the result of participating in and completing the NOPD Citizens Police Academy.) The story struck a nerve with the community-at-large; it warranted follow-up.

I emailed Captain Hosli, Commander of the NOPD 8th District, the jurisdiction where the infraction occurred, simply asking and commenting, “Were there complaints about the location and/or the event? The community perception is less than favorable.” I promptly received the following response:

I’m hearing lots about it as well. It was not done by officers assigned to the 8th District. The officers were assigned to City Hall in the Finance Department.

A press release is going to be sent out.

Captain Edwin Hosli
Commander
NOPD Eighth District

I was relieved to learn that the NOPD 8th District wasn’t responsible for this nonsense. However, the shutdown of this one event struck me as being oddly and astonishingly arbitrary.

I was surprised to receive a second reply from Captain Hosli later that evening, a forwarded response from NOPD Superintendent Chief Serpas regarding “the incident on Frenchman Street”:

Thank you for your email. There is more information available for your consideration. The following statement was issued today by the appropriate authorities: “We have heard from residents across New Orleans for the City to get serious about fairly enforcing laws when it comes to proper permitting and tax and fee collection. As part of standard enforcement sweeps during Mardi Gras, field agents with the City of New Orleans Bureau of Revenue issued a subpoena for the owner of the Blue Nile to appear at City Hall this week to be advised on how to obtain the proper permits and licenses so that the sale can happen in a lawful manner. The sale was asked to be moved inside the bar premises at time. However, at no time is vending permitted on City sidewalks. As we increase field agents in the Bureau of Revenue, we will continue to communicate with residents and business owners about the types of permits needed for these types of events.”

NOPD officers assigned to the Revenue Department issued one Summons, which included violations outlined for not having a manager on premise and for operating outside of their permit for the business location.

There’s a lot about this situation that doesn’t make sense to or sit well with me in general.

The story posted to NOLA.com isn’t objective journalism, nor is it an op/ed piece; in my opinion, it’s biased and sensationalized (while this might not bother other readers, it annoys me). I prefer my news straight up, without garnish.

Be that as it may: If the City of New Orleans is going after chump change like a one-day costume sale, what’s next — issuing citations to those who hold yard sales that happen to spill over onto a public sidewalk? Will they pull the plug on the French Market’s 28th annual “Mask Market” event next?

Rumor has it that New Orleans is expecting a larger-than-average crowd for this year’s “greatest free show on Earth.” Why does the city’s Administration assign police officers to the Bureau of Revenue during Mardi Gras,when potential threats to public safety could reasonably be expected to be the top priority for all on-duty law enforcement officers?

If this reassignment is deemed to be truly necessary, then why not go after property owners who are committing chronic and repeated violations that are shorting the city’s coffers of as much as tens of thousands of dollars in tax revenue each month during Festival Season, instead of being concerned about the permit status of a one-day-only costume sale event? (Hint: An NOPD officer has noted that there’s no process in place for even issuing citations to the big money law-breakers, so these violations remain unaddressed.)

The shutdown strikes me as going after the low-hanging fruit instead of tackling the big problems head-on with every available officer.

Chief Serpas made the time to appear on the news on the morning of Tuesday, 3/1/11. Speaking about the shutdown of the costume sale, he stated that citizens can’t pick and choose which laws they wish to have enforced, and that venues where alcohol is served are well aware that if the location is open for business, then it is required that a manager be present.

Chief Serpas also alluded to quality of life issues and community complaints; none of which were mentioned by Captain Hosli when I’d asked about complaints in my email inquiry.

As a resident of the NOPD 8th District, I don’t see an event that added a little more Mardi Gras mirth into the mix as being a priority of particular concern. Instead, I’d ask Chief Serpas to refocus on the quality of life issues and citizen concerns that occur year-round and have remained unaddressed for several years’ time.

What I’ve learned by asking a question about this incident is that, when it comes to distinguishing between priorities dictated by the city’s Administration (in my opinion the true force behind this enforcement effort) and the actions of the NOPD, public opinion matters more than fact.

We call for change and improvement on the part of our city’s law enforcement, yet the only acceptable response to the shutdown story seems to be, “It’s the NOPD. Again.” This time, however, it wasn’t — it was the City of New Orleans Bureau of Revenue taking officers off of regular patrolling duty to issue citations.

This knee-jerk reaction doesn’t sit well with me, either. Pay attention, people.

Oct 10 2010

Cornerstones of the improved foundation for New Orleans’ criminal justice system: DA Cannizzaro

By strange luck or sheer coincidence, I was recently presented with opportunities to attend speaking appearances by several key players in New Orleans’ criminal justice system. I offer my summaries and impressions of the presentations by each of these officials for your consideration, starting with the District Attorney.

While Orleans Parish District Attorney Leon A. Cannizzaro, Jr., was sworn into office during January 2009, the emerging cooperative relationship between DA Cannizzaro and the New Orleans Police Department (NOPD) is noteworthy. Cannizzaro recently made a presentation to the NOPD Citizens Police Academy, where he spoke with surprising candor (smiling and joking were witnessed).

In cases where criminal charges are made against an accused individual, it is asserted that a violation of the Louisiana Criminal Code has occurred and that the entire community of the State of Louisiana has been aggrieved. The role of the District Attorney’s Office is not investigatory; the NOPD is the entity that performs and reports the results of investigations. Based on the NOPD’s investigation and report, the DA’s Office either accepts or declines to accept the charges against accused individuals. For the DA’s Office, the clock starts to tick when the accused has been jailed; the office then has a period of 60 to 90 days’ time to make a decision regarding acceptance of the case (depending on the nature of the offense and charges against the accused).

Cannizzaro highlighted recent improvements in regard to the relationship between the Orleans Parish DA’s Office and the NOPD. While the quality of the reports submitted by the NOPD has improved significantly, Cannizzaro stated, “I want the NOPD to do it even better than they’re doing now.” When Cannizzaro was sworn into office, he estimated that there was “a 50% chance your case would be thrown out [by the DA's Office] based upon the lack of a prompt NOPD investigation”; the DA’s Office is actively working with the NOPD to expedite receipt of the NOPD’s report to the DA’s Office within a period of three- to five-days’ time. Cannizzaro then compared his office to Drew Brees and the NOPD to the New Orleans Saints’ defensive line.

Additionally, as of February 2009, an Assistant District Attorney (ADA) and a counselor are being dispatched from the DA’s Office to all murder investigation scenes in Orleans Parish. The ADA works with the NOPD investigating officers and detectives to help ensure the NOPD’s report to the DA’s Office is complete and accurate. The counselors hand out business cards to observers in the community, which has been instrumental in the identification of potential witnesses. While witnesses have historically been reluctant to talk to the NOPD, these counselors are providing an avenue for witnesses to come forward in a different manner. DA Cannizzaro says the message his office has been getting across to the NOPD is “We’re here to work with you” and that the results have been beneficial, as an average of 85% of the charges being presented by the NOPD to the DA’s Office are being accepted at this time.

As a result of these efforts, Cannizzaro noted that “More violent offenders were convicted in 2009 than in the years 2008 and 2007 combined.” the DA also spoke of the public perception that juries in Orleans Parish are reluctant to convict; his unvarnished observation with regard to this belief was: “Excuse me, but that’s bullshit.” He sees the aggressive efforts of his office as a contributing factor in changing this cultural perception via the corresponding rate of obtaining convictions.

DA Cannizzaro spoke openly about the impact of the illegal drug trade within Orleans Parish. “If we solve the drug problem, we solve the crime problem. Cannizzaro estimates that approximately 90% of the criminal activity occurring in Orleans Parish is drug-related in one manner or another. When asked about the recent criminalization of the synthetic marijuana substance commonly known as “mojo” or “spice,” Cannizzaro’s response was surprising: “I’m not advocating this, but I’d rather kids would be using ‘mojo’ instead of cocaine or heroin.”

The District Attorney’s Office has moved an estimated 1,100 marijuana cases from the Criminal Court docket to Municipal Court. This measure to free up the Criminal Court docket has resulted in criminal cases being resolved much more quickly. For first-time marijuana offenses, the typical judgment involves a fine, drug-testing, and probation. Currently, however, he notes that “the law is such that a municipal statute does not exist regarding marijuana offenses”; efforts have been initiated to make a municipal ordinance that is identical to the existing state statute.

When asked his opinion regarding electronic monitoring of offenders, DA Cannizzaro stated that electronic monitoring cannot be administered by a private company that has no force of law or power to arrest monitored persons violating the terms of the monitoring arrangement. In Jefferson Parish, instances of automatic violations (monitored person is determined to be outside of the approved range of travel or is determined to be active at a time that is not permitted) are accepted as automatic probable cause; this is not presently true in Orleans Parish. If a violation occurs, a judge’s order is required to pick up the monitored individual; Cannizzaro acknowledged it “can be hard to get at 3:00 AM, and the violator will need to be re-charged as well.” Cannizzaro indicated that, because of these complicating factors, enforcement for electronic monitoring in Orleans Parish will be moving into the jurisdiction and responsibilities of the Orleans Parish Sheriff’s Office.

DA Cannizzaro is not in favor of the proposed 5,000 bed correctional facility; his opinion on the subject was that it would amount to “essentially warehousing people, and it won’t resolve the crime problem.” He reassured people in attendance that the approval of this proposed facility will be determined by voters, as it “will go to a public vote.”  Instead of increasing the capacity for incarceration, Cannizzaro advocates that our prison facilities “need to provide GED and job training opportunities, as well as substance abuse counseling requirements” as appropriate.

The District Attorney appeared to be far more concerned about/invested in the Youth Studies Center issue, indicating that such a facility would be “in the best interests of the child[ren].” He noted with discernible dismay that “We are no closer to constructing a modern facility for the children than we were five years ago.”

Website for the Orleans Parish District Attorney’s Office: http://www.cityofno.com/pg-102-1-da-home-page.aspx

Sep 24 2010

Is “America’s Oldest Bohemia” endangered by so-called improvements and security enhancements?

BB joyfulnessI thank my lucky stars that I live in one of the most celebrated and evocative neighborhoods in the world; who wouldn’t want the Vieux Carré to be safer for residents and visitors alike? I am also well aware of the risks I face living here: From my balcony, I can easily see the location where Wendy Byrne was murdered and it’s a rare day when I don’t pass by that spot during my meanderings.

As a resident of the French Quarter, I whole-heartedly support the creation of a French Quarter Security District — but not for self-serving purposes of the French Quarter elite and not without representation for the Average Joes and Janes that breathe what’s vibrant into my neighborhood on a day-to-day basis. There’s a class war being waged in the French Quarter right now, and it should not go unnoticed.

While the recent changes in the Administrative structure of New Orleans have been welcomed (Mitch Landrieu’s mayoral victory and the subsequent appointment of Chief Ronal Serpas as the Superintendent of the New Orleans Police Department), this changing of the guard has also given rise to an alarming bid for power in the city’s oldest neighborhood. The campaign for change is further aided by the election of Kristin Gisleson Palmer as the District C Councilperson; for the French Quarter, the degree of change has been particularly significant.

At the July 2010 NOPD 8th District New Orleans Neighborhood Police Anti-crime Council (NONPAC) meeting, a prominent officer on the Board of the Lower Quarter Crime Watch organization identified herself as being the complainant regarding the street musicians’ ordinance enforcement issue. Her reason for making the complaint was concern for her ability to consistently rent two properties located in the Marigny Triangle on Chartres Street (properties not located in the French Quarter).

For the benefit of this individual’s financial concerns, one of the most poignant aspects of what makes my neighborhood so very unique is being jeopardized in a most forceful and calculated manner. For more than two years’ time, this “issue” was never brought up at these meetings, nor has this individual attended NOPD 8th District NONPAC meetings with any notable frequency. Instead, enforcement of the noise ordinance regarding recorded music (not live performances) blaring from bars and clubs in the French Quarter nightly has been a recurring motif at these meetings, an issue that has yet to receive equal concern or effort with regard to its resolution.

The parcel fee/security district tax measure on the October 2nd ballot is equally disingenuous. If passed, a tax would be levied against property owners  in the French Quarter to fund a security district to be administered by the French Quarter/Marigny Historic Area Management District (FQMHAMD). Although the FQMHAMD was created by an act of the Louisiana Legislature in 2007, it has struggled since that time to secure a consistent source of funding; what the Louisiana Legislature has failed to provide it is now seeking under the guise of managing a “security district.”

Here’s the thing: From the time of the FQMHAMD’s creation in 2007 through 2009, improving safety was only one item on a laundry list of priorities for this district, which are detailed as follows: “The statutory purpose of the District is to strengthen the area within its boundaries as a vital component of Louisiana’s tourism industry; aid in the preservation of the District’s architecture, quaint charm and tout ensemble; beautify its appearance; improve public safety, foster quality experiences and quality of life within its boundaries; and improve commercial and residential vitality. ” (Source: http://www.fqmhd.com/what-we-do.html)

“Improving public safety” did not become the FQMHAMD’s  raison d’etre/rally cry to make a bid for funding until after Wendy Byrne’s murder on January 17, 2009. I wonder if any of the individuals serving on FQMHAMD’s 13-member Board of Commissioners actually knew Wendy; its members aren’t people I would expect to see at Aunt Tiki’s on Lower Decatur or to run into at Starlight by the Park on North Rampart Street. And yet, they’ve not hesitated to seize this opportunity to seek funding… Not for benefit of all who live or work in the Vieux Carré as an act of altruism, but as means of inspiring fear that “It could happen to you, too!” hand-wringing amongst the more affluent within this community.

While three members of the FQMHAMD Board of Commissioners are appointed from citizens’ groups [the Vieux Carré Property Owners, Residents, and Associates (VCPORA); French Quarter Citizens, Inc. (FQC); and the Faubourg Marigny Improvement Association (FMIA)], it is my understanding that all of these groups require an annual dues and are not, in general, representative of the taxing district’s population as a whole. And while there is also one “resident representative” on the Board of Commissioners who was appointed by former Mayor C. Ray Nagin, this individual is not someone I’ve seen at various neighborhood meetings I’ve attended. It is also worth noting that none of the 13 Board of Commissioners members attend the NOPD 8th District NONPAC meetings regularly.

Residents of the French Quarter have no role whatsoever in selecting the FQMHAMD’s appointed Board of Commissioners members, nor is there any requirement that these individuals be responsive or accountable to the community they serve as a whole. If you don’t pay membership dues to VCPORA, FQC, or FMIA, you are effectively disenfranchised (assuming that these organizations actually act in a manner that is representative of the actual viewpoints of their respective memberships, which has recently been questioned). The same is true if you’re not on the invitation list for the cocktail parties or dinners where you’re most likely to run into at least a few of the members of the FQMHAMD Board of Commissioners (unless you’ve been hired to mix the drinks or serve the meal).

The “Management and Operations Plan” approved by the FQMHAMD Board of Commissioners on 9/7/10 includes a one-page “3 Year Budget.”  If approved, the security district parcel fee would be non-revocable (it would remain in effect until the district’s term expiration in 2014) and will cost a projected minimum of $2,996,982 in levied property taxes. As stated publicly by the Vice Chair of FQMHAMD on 7/12/2010: “It’s a three-year experiment funded with tax dollars.”

What will the tax-paying general public receive for this $3 million expense? Two FQMHAMD paid staff positions (an Executive Director and an Executive Assistant), 900 sq. ft. of office space and parking for these two employees for 28.8% of the projected annual budget or $863,345 over three years’ time, plus the FQMHAMD will “be able to afford an average of three officers patrol each shift” for three eight-hour shifts each day. It is disconcerting that FQMHAMD “Management and Operations Plan” creates, on an average day, a  1:1 ratio between desk-based positions (the Executive Director and Executive  Assistant positions for FQMHAMD, plus the contracted security firm’s Operations Manager) and the three  patrolling security officers who will be responsible for enhancing the safety of the French Quarter Security District.

While the FQMHAMD states one of its guiding principles is to “maximize return on investment for taxpayers, investing resources wisely and keeping overhead costs to a minimum,” the proposed budget provides little reassurance in this regard.

Likewise, while improved security is identified as a priority, it takes a back seat to ordinance enforcement, nuisance abatement, and the reporting/observation/documentation duties to be performed by patrolling security personnel. “The public safety program will provide direct benefits in the service area, ensuring the consistent, reliable enforcement of ordinances” and by helping to relieve “the burden placed upon the 8th District and the 1st District of the New Orleans Police Department by the high volume of public nuisance and quality of life violations,” such as “panhandling, public urination, graffiti, loitering, public disturbance, blocked driveways, non-violent disputes, and disruptively loud music.”

(What’s next? Going after Mr. Okra for his use of amplification as he drives through the neighborhood, calling out, “I have oranges and bananas…”?)

When patrolling security officers observe “Violence and/or Felony” situations, per the “Management and Operations Plan” approved by the FQMHAMD Board of Commissioners on 9/7/10, they are to respond as follows:

  • “Under no circumstances will an Armed Patrol Officer or Patrol Supervisor un-holster his or her firearm.”
  • “The Patrol Officer or Patrol Supervisor will brandish and use FQMHAMD-issued pepper spray with extreme caution and only if the offender has physically assaulted or attempted to assault the Patrol Officer or Patrol Supervisor.”
  • Patrol Officers or Patrol Supervisors that observe violent offenses and/or a felony in progress will attempt to record as much data concerning the engagement, including the location, time, offense, and other salient information.”
  • Patrolling security officers (regardless of position title or status of being “armed” or “unarmed”) will not have the legal authority to arrest anyone or to issue citations; these tasks will continue to be the responsibility of the NOPD 8th or 1st District police officers.

Will the French Quarter truly be any safer when the patrolling security officers are  tasked with addressing instances of public urination and documenting graffiti, while being limited to acting defensively only in circumstances where an “offender has physically assaulted or attempted to assault the Patrol Officer or Patrol Supervisor?”

If the FQMHAMD Board of Commissioners doesn’t believe that the NOPD is getting the job done with an average of 35 officers on the street during each shift, how will the addition of an average of three glorified mall cops in spiffy uniforms magically tip the balance in favor of me walking home safely at night?

The FQMHAMD makes an unvarnished bid for support by selling the appeal of so-called “Escort”/Accompaniment Services, the only direct benefit for the tax-paying residents of the security district, but with limitations:

“Security officers will accompany, or ‘tail,’ individuals who feel unsafe walking from one location to another within the security district. Officers will not provide ‘rides’ in their vehicles to such individuals, but rather will provide security and comfort of a watchful eye as an individual walks.” Because the FQMHAMD has deemed foot patrols to “not be practical given the size of the service area,” this means that the security officer in a motorized vehicle or on a bicycle is limited to traveling at the speed of the walking person(s) being escorted, and the person being escorted must travel a route dictated by the direction of the flow of traffic.)

As the FQMHAMD realizes that the demand for such a service will likely be significant, it notes the following: “If providing the [escort] service to all who request it would sacrifice the overall benefit provided by the patrolling security officer, then the service will have to be rationed.”

The FQMHAMD Board of Commissioners is nothing more than an elite oligarchy; it is appalling to me that our Honorable Councilmembers Kristin Gisleson Palmer, Arnie Fielkow, and Jacquelyn Brechtel Clarkson have expressed support for the parcel fee measure on behalf of this group. Those who are not part of the moneyed class that are voting against this tax on October 2nd should remember this when the next opportunity to vote for city council representation rolls around.

This emphasis on so-called “quality of life” issues, such as enforcement of the noise ordinance as it applies to street musicians or public nuisance abatement, is the true agenda of these individuals who are seeking to improve property values over genuinely improving public safety.

While aggressive panhandling, public urination, and “disruptively loud music” (usually of the top-40 karaoke variety) are occasional-but-brief annoyances I experience while walking in my neighborhood, they aren’t the issues that make me careful to communicate my whereabouts to close friends when I’m out and about in the night.

It disgusts me that those who are pushing for these so-called improvements play on the fear of how Wendy Byrne’s life ended to make a bid for power to further this agenda, a woman who was likely faceless to them in life (except possibly as a rental tenant).

The French Quarter/Marigny Historic Area Management District “Management and Operations Plan” as approved by the FQMHAMD Board of Commissioners for your consideration: http://bit.ly/cVG0md

My Opposition Statement published 9/22/10: http://bit.ly/OppStmt-9-22-10

Coda (5-27-2010): Over the weekend, a “Make the Quarter Safe — Vote Yes” sign appeared on my block at a neighbor’s home.

One of the owners of this residence was the physician who rendered medical assistance to Wendy Byrne, who kept her breathing during the last minutes of her life (before the EMT vehicle arrived). Shortly after the fateful events of that  night, the owners of this home spoke enthusiastically of enhancing the lighting on their property, and of adding security cameras to their corner location where they’d be of particular value.

Adding lighting to private property in the French Quarter is not a simple matter. The Vieux Carré Commission (VCC) controls alterations to structures in the French Quarter in the interest of historic preservation. During the summer of 2008, it was proposed that a small number of light fixture options might be pre-approved by the VCC as a means to allow property owners to enhance lighting at residential properties (thereby expediting the VCC’s permit approval process). While reasonable and appropriate light fixture options were identified, the VCC has, to date, not acted to support this effort; it’s ironic that the VCC’s Chair is one of the 13 FQMHAMD Board of Commissioners members.

Almost two years later, the lighting at this home remains unchanged; if cameras have been added, they are unobtrusive (their presence cannot be visually confirmed). It seems that putting up a sign and leaving the task of defining improved public safety to the Board of Commissioners for the FQMHAMD was determined to be the easier option.

Jan 9 2010

Silence Is Violence to Host Mayoral Forum

I received this email today from Silence is Violence:

January 8, 2010

Mayoral forums are multiplying across the city. At an early forum at Xavier University, virtually every candidate identified crime as the number one priority for the new mayor. Yet even during a recent forum at UNO that planned to address public safety and health, only one question focused on combating crime in the city.

It is difficult to address broad concerns in a limited time frame, but given the public consensus about the centrality of public safety in this election, we feel the discussion about crime must become more substantial. SilenceIsViolence regards it as our responsibility to hold the mayoral candidates to a more concrete and thorough conversation about their specific ideas and proposals for making us safer. We have invited all major candidates to take part in a Martin Luther King Day forum, moderated by Lee Zurik, on crime and public safety. Join us on Monday, January 18 at 7pm to hear their ideas and proposals. The forum will be held in an area of the Upper Ninth Ward in desperate need of attention and revitalization, at the corner of St. Claude Avenue and Louisa Street.

Monday, January 18, 7pm:

Mayoral candidiates forum: “Crime, Community, and the Office of the Mayor”
Hosted by SilenceIsViolence, the Social Aid and Pleasure Club Task Force, and the Stooges Brass Band
Goody’s Restaurant, 3200 St. Claude Ave., (504) 470-9000