ATTORNEY SUES TO RECOVER DNC MONEY.

Byline: Alexa Haussler Staff Writer

An attorney known for filing police misconduct lawsuits against Los Angeles filed a class-action suit against the mayor and City Council this week demanding the return of a $2 million bailout to the Democratic National Convention host committee and seeking a court order to block the final $2 million payout.

Attorney Steven Yagman, who has brought dozens of police misconduct lawsuits against the city and the Police Department, filed the suit Wednesday in U.S. District Court on behalf of city taxpayers including plaintiff Richard Abcarian of Venice.

``It was the early promise of the City Council that no tax money would be spent on this convention,'' said Abcarian, a retired English professor. ``It's essentially very simple: A promise is a promise.''

The suit asks that the city recoup $2 million paid to the host committee and refrain from paying an additional $2 million the city has said it is prepared to pay after the convention, to be held Aug. 14-17 at Staples Center.

If the city is unable to retrieve the money paid, the suit seeks to force Mayor Richard Riordan and 14 of the 15 members of the City Council to repay the money from their personal funds.

The suit names as defendants each council member except Jackie Goldberg, who rescinded her support for the bailout after her colleagues abandoned their support for her demand that Pershing Square be designated as a gathering place for protesters.

The suit claims that city leaders violated state law prohibiting public bodies from using public dollars for gifts. The payment ``was made in violation of the public trust,'' according to the lawsuit. ``This gift of public funds was made in violation of defendants' promise to Los Angeles taxpayers that no public funds would be given to the convention or its promoters.''

Ben Austin, a spokesman for the DNC host committee, called the lawsuit ``ridiculous.''

``I think in terms of whether or not this is constitutional, he might want to look at the precedent of Chicago, New York and other cities who have invested far more money than Los Angeles has in the convention planning process.''

Austin also said taxpayers will benefit from the predicted $135 million to be pumped into the local economy as a result of the convention and ``a priceless opportunity to step into the national spotlight and shine.''

Riordan - who aggressively lobbied the council to approve the funding and even contributed $1 million of his own funds to the host committee - had not seen the lawsuit and had no comment, a spokesman said.

Councilwoman Laura Chick said she consistently voted against the $4 million payout but declined to comment further, saying she had not seen the suit and would await advice from the City Attorney's Office.

The lawsuit describes the plaintiffs, led by Abcarian, as ``Los Angeles taxpayers whose tax payments have been used to make an illegal gift, and who have been sold out by their elected representatives and who again will be sold out by them.''

A hearing is scheduled for today in U.S. District Court Judge Christina Snyder's courtroom. Lawyers in the City Attorney's Office were preparing for the hearing but declined comment.