Canadian Folk Band Free of All Charges for Kayaking Down the L.A. River

Ever since members of the were cited for trespassing and loitering while paddling down the Los Angeles River in Studio City on Feb. 17, they’ve experienced a stormy journey dealing with the Los Angeles legal structure. The process, spanning more than seven months, has finally come to a close.

From allegations of failure to appear, to arrest warrants being issued, to concerns about ramifications returning to the States to defend themselves, to hiring lawyers and paying thousands in fees, to having bench warrants recalled, to several postponed hearings, the six defendants have been liberated of all claims against them.

On Sept. 1, attorney Bruce Kaufman on behalf of David Fort, Lesley Brown, David Enns, Eva Klassen, Allyson Leenhouts and Danny Lougxay, appeared in Department 101 of the Superior Court in Van Nuys, California. After having several conversations, both by phone and in person, with the head City Attorney, Richard Schmidt, Kaufman was able to secure from him his agreement to set aside the charges.

During the on August 8, the same day Kaufman attended his first appearance at the Van Nuys courthouse, Los Angeles City Councilman Ed Reyes told Studio City Patch that he couldn’t believe the Canadians were being prosecuted. He asked his deputy, Monica Valencia, to remind him to send a letter to the City Attorney requesting the case be dismissed.

Later that week, Valencia drafted a letter which was forwarded to Schmidt.

Kaufman said he believed this matter “could’ve easily been prosecuted but once Schmidt saw the joint data of pertinent , (which had been passed on to him from Deputy Kenneth Pso), the letter from Councilman Ed Reyes, and my input, Schmidt realized these young people were simply environmentalists with worthy motives and not trespassers with the requisite criminal intent.

Therefore, according to Kaufman, after all the information was dispensed, the charges were dropped. 

“Attitudes are shifting” about access to the Los Angeles River, Kaufman, surmised, “now that the river has been declared navigable and new tours are opening up for people to participate in.” He indicated that the laws are going to have to step up and take notice of the changing viewpoints.

Kaufman said he believes that “the police rightfully had a basis to cite the defendants” in the first place but that “looking further into the issues by investigating the supplemental evidence.” He said that after the Reyes letter and Patch articles, the incident “wasn’t the way it originally appeared.” 

After gaining access to the rationale and justifications, “Schmidt came to the conclusion that the case didn’t warrant prosecution,” Kaufman explained.  

He alluded to a precedent being set by stating “perhaps prosecutors would be more mindful” before they issues citations or arrest people for activities around the river. He suspects, notwithstanding, that “they might still prosecute a homeless person who is camping close to the river since they could pose a danger to themselves” if there are heavy rains. Similarly, “young kids who think it’s cool to play in the river have gotten washed away by the current and had to be rescued,” while some have even died, and that, too would call for legitimate legal proceedings.

Kaufman avowed that the prosecutors didn’t think these defendants fell into the category of unlawful or reckless actions for the following reasons:

1.They were knowledgeable boaters who had done this before;

2. They just wanted to call attention to the condition of the river beds;

3. What they did opened up people’s eyes to the fact that the water was contaminated and could possibly cause disease, e.g. some of the boaters got nauseous after accidentally ingesting the water; and

4. They wanted to show that it was the responsibility of Angelenos to help clean up the River for their own pleasure and use.”

“They (the TWIN group) wanted to do the right thing,” Kaufman affirmed. “They even scoped out the place the day before their trip to make sure it was safe and to look for any trespassing signs. They didn’t see any signs and thus, there was no intentional violation.”

Additional relevant facts were substantiated in the letter drafted by Deputy Monica Valencia on behalf of Councilmen Ed Reyes, later made part of the court record:

“The six individuals also met with Councilmember Reyes in our City Hall office prior to their entrance into the Los Angeles River bed. As you are probably aware, Councilmember Reyes has spearheaded the Los Angeles River revitalization that aims to improve water quality, environmental protection, public access and neighborhood renewal for the more than 30-mile stretch of the River within the City of Los Angeles' boundaries.

The band members, environmentalists and skilled rowers, discussed with Reyes their intentions to canoe the L.A. River in a safe manner for the purpose of raising awareness about renewing our urban waterways, a mission that is consistent with the goals of the L.A. River Revitalization Master Plan.

While the Environmental Protection Agency has declared the Los Angeles River navigable, it is still illegal to kayak, swim or fish in the River. This has been misinterpreted by many. It is all the more confusing because no signs were posted at the location where the parties entered the river.

It was my understanding that the members had no intention of criminal behavior when they entered the River. They are young musicians of good character who have canoed other rivers with the same goals. With this in mind, I respectfully request that the charges against the six individuals be dismissed.”

Kaufman admitted, “Sometimes these cases can become political, lost in arguments that politicians take. That wasn’t the issue here because the Reyes letter wasn’t used as political clout but rather to inform Schmidt about the lack of criminal intent on the part of the defendants and how they were really working to show the citizens of L.A. the significance of taking care of the river.”

Kaufman credits Schmidt for his noble efforts and effectively working with Reyes to bring about a dignified outcome for the common good of the city.

TWIN founder/guitarist, David Fort, upon hearing the charges were dismissed, was “relieved at first,” although “a little bit incomplete as there will be no legal precedence with this.”

He had no regrets about his trip down the river in February because the six participants “learned so much from the River, Los Angeles, the experience, and the friends they made,” that he’ll carry the journey with him forever.

Fort called the Los Angeles court system “very political” with “a lot of push and pull behind the scenes.” Although he found it poorly designed, with little information, he remarked that with a “strong cause, backing, an amazing lawyer, a big pocket full of money, there’s a whisper” that this is where people “can empower themselves within the U.S.”

Fort recommended Los Angeles residents make their own decisions about access to the L.A. River for future generations. He replied via email:

“First things first. Just go down to the river, walk around it, sit by it, with no preconceptions of what it is or should be. Make your own decisions internally. Then decide how important that is to you.

Read about its history right up to the current happenings. (Lots of great stuff in the downtown library). Remember it’s still a mountain fed watershed ecosystem that has the ability for clean water to run through it. It has the potential to inhabit many animals alongside humans.

Now that it’s an international waterway again, see what that means on a Federal/State/Municipal and even international level. You have the makings, through the court system, to enforce the Clean Water Act, to proclaim your rights to exist in and around your public space. This can be accomplished with groups who perform persuasive research and work in specific fields.

If many neighborhoods around the city get together and empower each other, the Los Angeles River has the capability to represent a shift within the entire city. There’s a great spirit in the Valley and a similar likelihood for strong interdependent districts within Los Angeles. Compelling citizens and communities starts with clean water.

 An endeavor as big as this, cleaning and turning the River into public space, won’t be easy and will need to be passed on to generation after generation, until one day people gather by the River and tell folk tales of when you couldn't even drink the water in the River. Good luck and thank you Los Angeles, you are a beacon to the world. Let's use it to teach and inspire.”