Fix the City, a public interest advocacy organization, filed a follow-up lawsuit against the city of Los Angeles challenging its rescinding and readopting the Mobility Plan 2035 (MP2035) on Nov. 25.
“We believe that laws matter, public safety matters, public health matters and that quality of life matters. The city’s actions ignore the law and MP2035 fails on public safety, public health and quality of life,” said Laura Lake, a board member of Fix the City (FTC).
An earlier lawsuit was filed on Sept. 8, which argued that the MP2035 environmental review was flawed and that the procedures followed by the city council in amending the plan on August 11 violated the City Charter and LAMC 11.5.6.
The group contests that, if any changes are made after the Planning Commission has approved a plan, those changes need to go back to the commission within 75 days of the Mayor’s recommendation – which ended on Aug. 19 – or they must be denied.
FTC’s first suit claimed that the city had violated the law during its initial approval. The city council attempted to “cure” the problem by rescinding and readopting MP2035.
FTC said the city council intentionally chose to violate the city’s law again by trying to amend MP2035 instead of going back through the process of public hearings.
“How do you amend a plan that is legally dead? Pretend it is alive, ignore the law and hope to confuse a judge,” said Jim O’Sullivan, FTC vice president.
The second lawsuit challenges the alleged Charter violations made by the city council in taking action on a plan that had expired under city law.
The group claims MP2035 was never lawfully adopted, never lawfully amended and it was never lawfully rescinded or readopted.
“It is time to start over and initiate a plan that improves mobility rather creating more soul-crushing traffic,” the group said on its website.
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