When Does Collecting Stop and Dealing Begin?

by David Hewett

Collector Richard Hopp of Van Nuys, California, is battling the city of Los Angeles and its police department over their definitions of "dealers." In November 2008 Hopp filed suit in Los Angeles Superior Court against the city and sought "Declaratory Relief to Determine Validity of Ordinances and Injunction."

Richard Hopp is a bail bondsman by profession and "an avid collector of books, documents, and ephemera as a hobby," to quote from his suit. Hopp stated that he sets up at "exhibitions, festivals, meetings, flea markets, swap meets, trade shows, garage sales, and collector meetings" and wishes to have an "exhibitor table" or "buying booth" at the events listed above. He claims that he's just a collector, though, and not a dealer or seller.

The city of Los Angeles has two ordinances relating to the regulation of secondhand book dealers and secondhand dealers in general. Those ordinances are enforced by the police department. That department has decided that Richard Hopp is "a secondhand book dealer" and must comply with the city's rules regulating those individuals.

As Hopp described his activities in a telephone interview, "I buy goods. Like a guy might set up a table with a sign 'I buy baseball cards,' I do it with books. I don't sell anything. I donate it or send it to the recycling bin."

"Actually, according to the municipal code," Hopp pointed out, "if I buy from anyone, I'm supposed to get their thumbprint and ID. If I'm buying on eBay, and they're located in California, I'm supposed to get their thumbprint and ID."

He gave those examples as an indication of how loosely authorities have enforced the various codes regulating the trade.

"I submitted about fifty public record requests trying to pin them [whoever polices the various legal codes] down. Every time, I get a response from the chief of police, or whoever, that I'm unintelligible. They don't understand what I'm saying, or say 'Go speak to a lawyer,' because they have it in their municipal code that if you buy, sell, or trade, you are a business."

In that light, the city of Los Angeles insists that Hopp needs a secondhand book dealer's permit, although he insists that he isn't a dealer. As proof of such, he alleges that he has obtained a statement from the California Department of Justice that preempts local ordinances.

The letter from the Department of Justice does reiterate that local law enforcement agencies, not the Department of Justice, are the licensing authority in California, but also notes that, from Hopp's own description of his activities (his statement that he does not "resell" his purchases), "it does not appear that your activities constitute a Secondhand Dealership."

A tax compliance officer with the custodian of records for the city of Los Angeles, responding to a request from Hopp for a "written exemption" from the need to apply for or obtain a business license, stated that they are unable to provide such to Hopp. The compliance officer, however, also noted that if, as he stated in his letter to them, he is "not engaged in business," then a certificate would not be required for his collecting activities.

The city remains adamant that Hopp has to apply for and get a permit, or license, to engage in his collecting endeavors in public.

In his lawsuit, Hopp asks the court to issue a permanent injunction restraining the city of Los Angeles from stopping him from "actively promoting, publicizing, and advertising his collecting and hobby activities…at exhibitions, festivals, meetings, flea markets, swap meets, trade shows, garage sales, and collector meetings within the jurisdiction of the City of Los Angeles."

We caught up with Richard Hopp on a hectic Monday, when he was in and out of a courtroom with tasks connected with his bail bondsman job. He told us that there had been no further developments in his suit against the city but noted that, "constitutionally, I'm supposed to go in front of anybody else. I'm not claiming damages. I'm asking for a constitutional determination, and that trumps all the other types of legal actions."

He cheerfully admitted that he is and has been a burr under the saddle of officials when he sees injustice being done. In 2003 and '04 it was the city of Maywood he faced down. Hopp had made a request for documents from city attorney David Olivas in late 2003 and got no response. At the city council meeting on November 25, 2003, Hopp reiterated his claims concerning fees charged by the city to people who had been arrested but not yet found guilty, fees that he said were illegal. On page four of those city council minutes for that date, the following is noted: "City Attorney David Olivas interjected that Richard Hopp was outside the City Hall yelling and interrupting the City Council's meeting." Olivas wanted an incident report written by the chief of police about the event. There is no record of any action taken by the city relating to that episode.

"I'm a Republican conservative," Hopp said, "but I don't let anybody in the world own the Constitution, and I don't let any government get down my pants, and if they do than I'm the guy who will show up at three o'clock in the morning and say '&#%* you, you've got to get out of my life!'"

One California municipality found out the hard way that it costs money to ignore his demands. In 2005 Hopp sued the city of Glendale for ignoring a request for information. Hopp and his attorneys were awarded $16,892.30, plus interest, by a state court.

Login or Register to post a Comment