subject: fw: your gallery space - important questions · 3 braxton brothers, ledisi, goapele, mark...

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Jacob, Melinda

Subject: FW: Your gallery space - important questions

From: Jamie Erfurdt [mailto:[email protected]] Sent: Friday, February 18, 2011 12:24 AM To: H Scott Subject: Re: Your gallery space - important questions Hi, H. Scott- I'm moving because of Harold. Also, it is so cold it is hard to work & the floor leaks when it rains. Harold doesn't want me to do Open Studios there anymore, and though I don't have plans to do any again any time soon, I don't want to pay rent somewhere I can't do events if I want to. I was not informed about this when I moved in, nor was I told about the leak till the night before the first big rain. The day I moved in Harold told me he would give me a solo show in the last part of last year, early this year. Later, long after I had moved in, he said he didn't want to do solo shows anymore. I was OK with that, but then he told me I could use the walls on the outside of my studio. By the time the next show was hung (The Eros show) I had been delegated a very small part of the wall, which he has several times covered up to do light shows, hang others work, etc. RIght now I'm very tired and have no more to add, except that Harold promises people things that he doesn't deliver. The woman who had another space there, Rita Ayral, was brought to tears by him. He loses his temper easily, sometimes apologizing later. Last week he called me at 12:11AM, according to my caller ID, to tell me my Saturday Open Studio conflicted with his event, and he was canceling me. "If you don't like it, you can move out" he said. "I am looking for another place," I said, though I may just put everything in storage. The timing of his call was not the only unprofessional behavior I've seen. Best, Jamie --- On Thu, 2/17/11, H Scott <[email protected]> wrote: From: H Scott <[email protected]> Subject: Your gallery space - important questions To: "'Jamie Erfurdt'" <[email protected]> Date: Thursday, February 17, 2011, 12:06 PM

Hi Jamie,

Thanks for including me on your invitation for last Sunday. Sorry I couldn’t make it, but I’m overwhelmed with trying to move and make a living.

Why are you moving? Where are you moving? I’m asking for two reasons: I’m interested and concerned for you; and I’ve come to mistrust and begun to dislike Harold. This is because he seems intent in excluding me from events; after we had processed past difficulties and resolved them. He’s not responsive when I reach out to contact him, and was amazingly provocatively with me when I actually offered to work with him, in response to his posting a job. My impression is that Harold Adler only wants to deal with people he can readily manipulate and push around. When I stood up to him, he screamed that I was “being pushy and a total asshole.” Sometimes he says things over the phone that would provoke

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a violent reaction in person. Then he apologized, but now doesn’t seem to remember apologizing for being a jerk in the past. He’s doing a lot of illegal things with his gallery space; and he shouldn’t treat people so badly when he’s doing so many brazenly illegal things. To an extent, I’ve protected him (from the police), but see no need to do that anymore. What do you think?

So, tell me what I need to know. I wish you well.

Scott

(510) 395-2856

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Jacob, Melinda

To: H Scott Prosterman; Asbagh, Claudine M.Subject: RE: LEAH TYSSE Blues & R&B Singer Live @ ART HOUSE GALLERY SAT NIGHT OCT 22

From: H Scott Prosterman [mailto:[email protected]] Sent: Friday, October 21, 2011 8:58 AM To: 'Nabozny, Jessyca A.'; 'Ott, Michelle@ABC'; 'Szakacs, Erik@ABC' Cc: '[email protected]' Subject: FW: LEAH TYSSE Blues & R&B Singer Live @ ART HOUSE GALLERY SAT NIGHT OCT 22 To The Berkeley Police and Alameda County ABC, At this point I am wondering why Harold Adler is being allowed to continue to operate an illegal club with impunity. One of his supporters sent me a nasty e-mail, telling me that “Harold is protected” and “has hosted events for Berkeley City Council members.” She further stated that Harold enjoys protected status as a result of his political connections. I’m beginning to believe this is true. I began notifying you about this man’s destructive history months ago including illegal alcohol sales, illegal cabaret operations, and abusive and unsavory dealings with his subletters, which is why I got involved in the first place. I was asked to help someone who was being victimized by Harold Adler. In turn, Harold became abusive and vindictive towards me in the art community. At this point, I wouldn’t bother to keep alerting you to these illegal events, but others keep sending me these announcements. Why? Because others would really like to see Harold Adler subjected to the rightful legal sanctions for all this stuff, and not everyone is comfortable making contact with the police. If anything, I’ve learned that in Berkeley, good citizenship can be severely punished. For the good deed of performing a drowning rescue at the City of Berkeley King Pool on July 1, 2010, and ID’ing alarming hygiene and safety deficiencies, my reward has been banishment from the pool system! I hope I don’t get in trouble for this too. Sincerely, H. Scott Prosterman Berkeley (510) 395-2856

From: Sent: Friday, October 21, 2011 1:56 AM To: H. Scott Prosterman Subject: Fwd: LEAH TYSSE Blues & R&B Singer Live @ ART HOUSE GALLERY SAT NIGHT OCT 22

---------- Forwarded message ---------- From: Art House Gallery <[email protected]> Date: Fri, Oct 21, 2011 at 1:15 AM Subject: LEAH TYSSE Blues & R&B Singer Live @ ART HOUSE GALLERY SAT NIGHT OCT 22 To: [email protected]

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Leah Tysse Live @ ART HOUSE GALLERY SAT. NIGHT OCTOBER 22

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RECENT PRESS

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ART HOUSE GALLERY & CULTURAL CENTER 2905 Shattuck Ave. Berkeley, CA 94705 Near Ashby Ave Bart 510-472-3170 Door 7pm 8PM SHOW $12-$15 Donation 18+ or with Adult

Born in Michigan, raised in Wisconsin, New Jersey and Maine, Tysse began her musical performance career early on in school choirs, musicals and at church. Living in several states in her formative years further exposed her to a wide variety of music. "But," says Leah, "blues has always resonated more deeply with me than any other music. I feel it is where my voice most naturally wants to go." In the late 90s, Leah landed her first professional gig in a Paris nightclub as the house blues & soul singer. Upon returning to the U.S. Leah relocated to San Francisco and shortly thereafter joined the world-famous Glide Memorial Church Choir where she remains a featured soloist in the 100-person gospel Ensemble. Now, her career has taken a major leap forward, as she's selected the Bay Area's finest musicians to form The LeahTysse Band, and has fast earned the reputation of being a undeniably powerful presence on stage, a solid musician and a respected bandleader. In her still young career, Tysse has recorded and/or shared stages with Taj Mahal, Maria Muldaur, Tommy Castro, Debbie Davies, Michelle Shocked, and members of The Roots, Cold Blood, The

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Braxton Brothers, Ledisi, Goapele, Mark Hummel, Muddy Waters, Will.I.Am, Rhianna, Maze, Gospel Hummingbirds, The Whispers, Sly and the Family Stone, Chaka Khan, Tony Toni Tone, Boz Scaggs' Band, Santana, Michael Franti's Spearhead, Tower of Power, etc. This October Leah began recording her second album, due to be released in early 2009.

Tysse began her musical performance career early on in school choirs, musicals and at church. Living in several states in her formative years further exposed her to a wide variety of music. "But," says Leah, "blues has always resonated more deeply with me than any other music. I feel it is where my voice most naturally wants to go." In the late 90s, Leah landed her first professional gig in a Paris nightclub as the house blues & soul singer. Upon returning to the U.S. Leah relocated to San Francisco and shortly thereafter joined the world-famous Glide Memorial Church Choir where she remains a featured soloist in the 100-person gospel Ensemble. Now, her career has taken a major leap forward, as she's selected the Bay Area's finest musicians to form The LeahTysse Band, and has fast earned the reputation of being a undeniably powerful presence on stage, a solid musician and a respected bandleader. In her still young career, Tysse has recorded and/or shared stages with Taj Mahal, Maria Muldaur, Tommy Castro, Debbie Davies, Michelle Shocked, and members of The Roots, Cold Blood, The Braxton Brothers, Ledisi, Goapele, Mark Hummel, Muddy Waters, Will.I.Am, Rhianna, Maze, Gospel Hummingbirds, The Whispers, Sly and the Family Stone, Chaka Khan, Tony Toni Tone, Boz Scaggs' Band, Santana, Michael Franti's Spearhead, Tower of Power, etc. This October Leah began recording her second album, due to be released in early 2009.

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Jacob, Melinda

Subject: FW: Civil Action Claim v. Harold Adler, Art House Gallery & Larry Butler- Personal Incident Repot # 12-6449

From: H Scott Prosterman [mailto:[email protected]] Sent: Wednesday, February 08, 2012 12:28 PM To: '[email protected]' Subject: Civil Action Claim v. Harold Adler, Art House Gallery & Larry Butler- Personal Incident Repot # 12-6449 Counselor, This is to request your assistance in prosecuting a civil complaint against Mr. Harold Adler, owner-manager of the Art House Gallery, 2905 Shattuck Ave., Berkeley. Please review the incident report in this e-mail, which I sent to the Berkeley Police Department. That memo asks that this business be permanently closed as a public nuisance, as it has been the scene of numerous police complaints. Mr. Adler has offered a settlement of $500 for me to “go away and leave me alone.” He has yet to identify an attorney representing him. I was hit in the right eye on Saturday, February 4, 2012 by a man who was visibly and verbally instructed by Mr. Adler to evict me from the property. This occurred as I was actually leaving the property, at the entry gate on the sidewalk. Fortunately, the injury was not serious because I quickly stepped back to avoid the brunt of the impact. However, there is not doubt that had I not acted quickly, I would have sustained severe facial, eye and head injuries, which would have required intensive hospitalization. Yesterday, Mr. Adler called me and he offered me an insulting settlement of $500 to “leave me alone, stop complaining about me to the police and stop harassing me.” He said, “Hey look I really want to put this behind us, what do you think needs to happen? I’m a peaceful, non-confrontational person and I want to resolve this.” I replied, “You’re not a peaceful guy; you’ve started all kinds of conflicts with other friends of ours. You can give me the name of the guy who hit me.” Harold: “Nobody hit you.” Scott: “Harold, you stepped in and were shocked when you saw it happen. You placed your hands on him and said, “No, no, no don’t do that; step back.” Harold: “No I didn’t; you were hallucinating that. What do we need to do to put this behind us?” Scott: “You can pay me money! You pay me $5000 and I’ll ignore you.” Harold: “I don’t have $5000; I’m willing to give you $500 if you sign a letter promising to leave me alone in front of a lawyer.” Scott: “Who’s the attorney involved? I’m not sure, I’ll get back to you in a day or so and we’ll arrange it in his office.” BACKGROUND: Mr. Adler had been a friend of mine, and I have performed several times at the venue as a poet and singer. Our falling out began when a mutual friend, Ms. Jamie Erfurdt asked me to assist her in her exit process with him in March 2011. He was deeply threatening and abusive to her, as one of his sub-tenants. He has exhibited similarly abusive behavior with other women. Also, on November 17, another friend, Ms. Ava Bird was assaulted on the property in an instance manipulated by Mr. Adler. He had invited the assailant to the event, knowing that Ms. Bird did not want this man there, at the event she was producing. No police report was filed in that instance, because Ms. Bird may not have been fully advised of her rights and options. But my assault occurred as a direct parallel to what Ms. Bird experienced. If you deem it advisable, Ms. Bird and I would like to pursue a joint complaint against Mr. Adler and the property owner, Mr. Larry Butler. I have left at least 6 messages for Mr. Butler at the Paco Dog Collar gift shop, which Mr. Adler manages, also at 2905 Shattuck. Mr. Butler has never returned a call, despite articulate messages left about the problems there. The person who assaulted me, Harold told me, was a beneficiary of the “Peoples’ Park Benefit” that was being held that night. The dynamics of the assault are noted in my report to the police herein. SUMMARY: Mr. Adler has offered a settlement of $500 for me to “go away and leave me alone.” He has yet to identify an attorney representing him. I believe that a substantially greater award is in order, and that his placing money on the table represents a path for accomplishing this. The parallel goals are to collect damages from Mr. Adler and possibly Mr. Butler, assure the prosecution of the assailant, and work with the Berkeley Police Department to have this property closed as a public nuisance. Thank you for your attention to this. Sincerely,

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H. Scott Prosterman Berkeley (510) 395-2856

From: H Scott Prosterman [mailto:[email protected]] Sent: Sunday, February 05, 2012 2:04 AM To: '[email protected]' Cc: 'Dahl, Nathan' Subject: Art House Gallery Incident on 2/4/12 - Personal Incident Repot # 12-6449 To Berkeley Police Department, THIS IS TO URGENTLY RECOMMEND THAT THE BERKELEY POLICE DEPARTMENT, CITY ATTORNEY AND PLANNING DEPARTMENT TAKE IMMEDIATE STEPS TO CLOSE THE ART HOUSE GALLERY AS A PUBLIC NUISANCE. I argue that the recent record of complaints stands as sufficient basis for this action, in addition to the fact that I was assaulted by one of the agents or employees of the owner of the Art House Gallery, Mr. Harold Adler on February 4, 2012. This was recorded as BPD Incident Report # 12-6449 by Officer White, Badge #50. I also question why Mr. Adler was issued a business license by the COB Planning Department post-facto to his compound notice violations for NOT having the necessary business license. Surely, this is an oversight by the Planning Department. I understand from Mr. Nathan Dahl of the Planning Department that the owner of the property, Mr. Larry Butler has expressed an appropriate level of concern about the activities and history under Mr. Adler’s management. I stopped by the Art House Gallery at 2905 Shattuck on Friday February 4 around 8:45 p.m., expecting to make a brief appearance and be undisturbed by the owner, Mr. Adler. This is because I remembered receiving either a Facebook notice or an e-mail about the event as a “Benefit for Peoples’ Park.” Also, I saw the balloons and easel in front of the property while on my way to Whole Foods that reminded me. As you know I have made prior complaints about Mr. Adler this property. My visit last night was not intended to initiate any provocations. Considering the history of the place and my complaints of public record, I expected to be ignored. My intentions were to socialize and possibly network. Inasmuch as Peoples’ Park is a public entity owned by the University of California, I’m left wondering who exactly was the beneficiary of this event. A five dollar admission fee was required of all entrants, and Mr. Adler did not allow anyone enter who did not pay the fee. I walked past the receptionist without paying the fee, because my understanding from public documents I’ve received is that Mr. Adler is not permitted to require payment for admission. I had been told by mutual friends of Mr. Adler and mine that I was still welcome there as a guest. This includes Ms. Ava Bird, who was a subject of a similar complaint as mine around November 17, 2011, and another woman who was a co-tenant. She had asked my support because she said Mr. Adler was intimidating and abusing her in February and March 2011. Shortly after arriving, I took a seat next an attractive young woman who said her name is Emily, and then placed my backpack and coat on a chair on the back wall. I noticed a buffet line so I helped myself to some soup over pasta that was not up to temperature. I hold expired certification as a food safety manager, but have a lifetime of training and experience in this field, and question whether the Art House Gallery is licensed to serve hot food. There was no heating element present. I also observed at least one patron holding a wine bottle. Personally, I have no objections to social alcohol consumption, but I question whether the presence of a wine or beer bottle violates the legal operating terms of the Art House Gallery, given the recent history of complaints. I was also surprised to find the presence of microphones given the prior complaints about amplified music proper permits. When the music re-started, my conversation was loudly interrupted and I went to retrieve my coat and backpack. At that point, I was confronted by Mr. Adler who loudly and profanely demanded that I leave. As I already had my coat and backpack on, I told him that I was on the way out after I said goodbye to a new friend. When I sat back down next to Emily, Mr. Adler stood over and yelled in my left ear demands to leave. I am deaf in my left ear, so I couldn’t really hear Mr. Adler yelling at me as I told Emily goodbye. He then summoned the large man who later hit me, and another man who later yelled threats at me AFTER my interview with Officer White. This man was wearing a bright yellow t-shirt with a tie-die design. He had a long gray hairstyle held by a clasp, and appeared to be in his late 50’s or early 60’s. After Officer White dismissed me, I made a call to a friend who had also complained about Mr. Adler and the property. While I was speaking on the phone, this guy yelled at me a sequence of threats and profanities, warning me, “DON’T YOU FUCK WITH HAROLD ADLER.” This is relevant because it seems that despite Mr. Adler’s criminal record, legendary abuse of associates, and brazen flouting of the law at the Art House Gallery, he has developed a potentially dangerous cult of personality, parallel to some of the destructive elements of the Peoples’ Park cause. The fact that I was assaulted in a vigorous defense of Mr. Adler by a man who appears to be a Peoples’ Park beneficiary raises a concern. At no point did I resist the demand that I leave. While I was seated, he instructed the man who hit me and the man in the yellow t-shirt to help him evict me, when though I was already on the way out. (It was on the side of my bad ear so I couldn’t hear the particulars.) Both Mr. Adler and the man who hit me placed their hands on me while I was getting up from my chair. After telling Emily goodbye, I walked to the door as Mr. Adler continued to yell at me. I reacted quickly

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with my hands and warned both men not to touch me again. When we reached the iron gate at the sidewalk, both men yelled curses and threats at me. I yelled back a reference to the incident involving Ms. Bird, at which point the man appointed by Mr. Adler lunged at me, and struck me with his closed fist in my right eye. I lunged backward quickly to escape the brunt of the blow, so that it grazed my eyeball and eyelid, causing irritation and pressure to my right eye. While washing it, I realized there is a light skin wound on my eyelid that has not bled. Mr. Adler responded with great alarm and placed his hands on the man to restrain him. (He later said that he didn’t see him hit me and that I was hallucinating. I also overheard Mr. Adler tell the first responding officer that I was “a drunk.” I had no alcohol and Officer White confirmed that.) The man who hit me had given me a friendly greeting when I met him near the back as I arrived. He is about 5’ 10” and around 200 lbs. He has long black or brown hair tied with a clasp, and was wearing round-rimed glasses. I had never met this man before, and assume he and the other appointed “bouncer” were devotees of the Peoples’ Park cause, and beneficiaries of the event. I also raise the question as to who the beneficiaries of this event were, and whether they have legal right to hold a fundraising “benefit” for a nefarious cause in the name of a public property. A related question is the income that Mr. Adler derived from this event and similar ones, and whether it is being reported as taxable income. Again, URGENTLY RECOMMEND THAT THE BERKELEY POLICE DEPARTMENT, PLANNING DEPARTMENT AND CITY ATTORNEY TAKE IMMEDIATE STEPS TO CLOSE THE ART HOUSE GALLERY AS A PUBLIC NUISANCE. Please furnish me with the names of the other subjects of the incident report including the man who assaulted me and the man who threatened me. Thank you for your attention to this. I declare this statement to be true under penalty of perjury. Sincerely, H. Scott Prosterman 1519 Addison St. Berkeley, CA 94703 I don’t like staying up this late, but for obvious reasons it’s compelling to file this before I can get some sleep.

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Jacob, Melinda

Subject: FW: Art House Gallery Incident on 2/4/12 - Personal Incident Repot # 12-6449

From: H Scott Prosterman [mailto:[email protected]] Sent: Tuesday, April 10, 2012 1:54 PM To: Asbagh, Claudine M. Subject: FW: Art House Gallery Incident on 2/4/12 - Personal Incident Repot # 12-6449 Claudine, Thank you for returning my call and giving attention to the widespread objections to any permits that may be issued to the Art House Gallery operated by “Harold Joseph Adler,” 2905 Shattuck Ave. in Berkeley. Put that name into a search engine and see what comes up. Also, please see my memo to BPD herein, and other relevant memos to follow. Thank you for your attention to this. I also represent other citizens who wish to see this place shut down as a public nuisance. Sincerely, H. Scott Prosterman (510) 395-2856

From: H Scott Prosterman [mailto:[email protected]] Sent: Wednesday, February 15, 2012 2:39 PM To: '[email protected]' Subject: FW: Art House Gallery Incident on 2/4/12 - Personal Incident Repot # 12-6449 Ms. Sanderson, I am also concerned that about the appearance that someone in the city and possibly the planning department is trying to protect Harold Adler from the consequences of what’s occurred. I understand that Councilmember Kriss Worthington held at least one fundraising event at the Art House Gallery while it was operating as an illegal club without permits, and selling alcohol. It may be that Kriss is trying to protect the subject of this complaint. Scott (510) 395-2856

From: H Scott Prosterman [mailto:[email protected]] Sent: Tuesday, February 07, 2012 3:02 PM To: 'Nabozny, Jessyca A.'; 'Dahl, Nathan' Cc: '[email protected]' Subject: FW: Art House Gallery Incident on 2/4/12 - Personal Incident Repot # 12-6449 Officer Nabozny & Mr. Dahl, I am reposting this to you with the request that the process be initiated for closing the Art House Gallery, 2905 Shattuck as a public nuisance. I am willing to participate in public hearings or whatever process is involved in accomplishing this. Other citizens are also making themselves available to the police and public officials for this process. If you have not already, please see the incident report I filed on Sunday morning, and please know that I am pursuing separate civil action against Mr. Harold Adler and possibly the owner of the building Mr. Larry Butler. Mr. Butler has chosen to not return several calls I’ve made, or Mr. Adler has instructed the staff at Paco Dog Collar to not pass along my messages. I understand from Mr. Dahl, that Mr. Butler has expressed appropriate concern about the history of activities on the property, but I don’t know that to be true. I believe it should be conveyed to Mr. Butler that it is in his best interest to evict Mr. Adler and close the Art House Gallery. Failing that, I believe the police and Planning Department should take steps to do this given the lengthy history of complaints and regular police presence there. Sincerely, H. Scott Prosterman (510) 395-2856

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From: H Scott Prosterman [mailto:[email protected]] Sent: Sunday, February 05, 2012 2:04 AM To: '[email protected]' Cc: 'Dahl, Nathan' Subject: Art House Gallery Incident on 2/4/12 - Personal Incident Repot # 12-6449 To Berkeley Police Department, THIS IS TO URGENTLY RECOMMEND THAT THE BERKELEY POLICE DEPARTMENT, CITY ATTORNEY AND PLANNING DEPARTMENT TAKE IMMEDIATE STEPS TO CLOSE THE ART HOUSE GALLERY AS A PUBLIC NUISANCE. I argue that the recent record of complaints stands as sufficient basis for this action, in addition to the fact that I was assaulted by one of the agents or employees of the owner of the Art House Gallery, Mr. Harold Adler on February 4, 2012. This was recorded as BPD Incident Report # 12-6449 by Officer White, Badge #50. I also question why Mr. Adler was issued a business license by the COB Planning Department post-facto to his compound notice violations for NOT having the necessary business license. Surely, this is an oversight by the Planning Department. I understand from Mr. Nathan Dahl of the Planning Department that the owner of the property, Mr. Larry Butler has expressed an appropriate level of concern about the activities and history under Mr. Adler’s management. I stopped by the Art House Gallery at 2905 Shattuck on Friday February 4 around 8:45 p.m., expecting to make a brief appearance and be undisturbed by the owner, Mr. Adler. This is because I remembered receiving either a Facebook notice or an e-mail about the event as a “Benefit for Peoples’ Park.” Also, I saw the balloons and easel in front of the property while on my way to Whole Foods that reminded me. As you know I have made prior complaints about Mr. Adler this property. My visit last night was not intended to initiate any provocations. Considering the history of the place and my complaints of public record, I expected to be ignored. My intentions were to socialize and possibly network. Inasmuch as Peoples’ Park is a public entity owned by the University of California, I’m left wondering who exactly was the beneficiary of this event. A five dollar admission fee was required of all entrants, and Mr. Adler did not allow anyone enter who did not pay the fee. I walked past the receptionist without paying the fee, because my understanding from public documents I’ve received is that Mr. Adler is not permitted to require payment for admission. I had been told by mutual friends of Mr. Adler and mine that I was still welcome there as a guest. This includes Ms. Ava Bird, who was a subject of a similar complaint as mine around November 17, 2011, and another woman who was a co-tenant. She had asked my support because she said Mr. Adler was intimidating and abusing her in February and March 2011. Shortly after arriving, I took a seat next an attractive young woman who said her name is Emily, and then placed my backpack and coat on a chair on the back wall. I noticed a buffet line so I helped myself to some soup over pasta that was not up to temperature. I hold expired certification as a food safety manager, but have a lifetime of training and experience in this field, and question whether the Art House Gallery is licensed to serve hot food. There was no heating element present. I also observed at least one patron holding a wine bottle. Personally, I have no objections to social alcohol consumption, but I question whether the presence of a wine or beer bottle violates the legal operating terms of the Art House Gallery, given the recent history of complaints. I was also surprised to find the presence of microphones given the prior complaints about amplified music proper permits. When the music re-started, my conversation was loudly interrupted and I went to retrieve my coat and backpack. At that point, I was confronted by Mr. Adler who loudly and profanely demanded that I leave. As I already had my coat and backpack on, I told him that I was on the way out after I said goodbye to a new friend. When I sat back down next to Emily, Mr. Adler stood over and yelled in my left ear demands to leave. I am deaf in my left ear, so I couldn’t really hear Mr. Adler yelling at me as I told Emily goodbye. He then summoned the large man who later hit me, and another man who later yelled threats at me AFTER my interview with Officer White. This man was wearing a bright yellow t-shirt with a tie-die design. He had a long gray hairstyle held by a clasp, and appeared to be in his late 50’s or early 60’s. After Officer White dismissed me, I made a call to a friend who had also complained about Mr. Adler and the property. While I was speaking on the phone, this guy yelled at me a sequence of threats and profanities, warning me, “DON’T YOU FUCK WITH HAROLD ADLER.” This is relevant because it seems that despite Mr. Adler’s criminal record, legendary abuse of associates, and brazen flouting of the law at the Art House Gallery, he has developed a potentially dangerous cult of personality, parallel to some of the destructive elements of the Peoples’ Park cause. The fact that I was assaulted in a vigorous defense of Mr. Adler by a man who appears to be a Peoples’ Park beneficiary raises a concern. At no point did I resist the demand that I leave. While I was seated, he instructed the man who hit me and the man in the yellow t-shirt to help him evict me, when though I was already on the way out. (It was on the side of my bad ear so I couldn’t hear the particulars.) Both Mr. Adler and the man who hit me placed their hands on me while I was getting up from my chair. After telling Emily goodbye, I walked to the door as Mr. Adler continued to yell at me. I reacted quickly with my hands and warned both men not to touch me again. When we reached the iron gate at the sidewalk, both men yelled curses and threats at me. I yelled back a reference to the incident involving Ms. Bird, at which point the man appointed by Mr. Adler lunged at me, and struck me with his closed fist in my right eye. I lunged backward quickly to escape the brunt of the blow, so that it grazed my eyeball and eyelid, causing irritation and pressure to my right eye.

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While washing it, I realized there is a light skin wound on my eyelid that has not bled. Mr. Adler responded with great alarm and placed his hands on the man to restrain him. (He later said that he didn’t see him hit me and that I was hallucinating. I also overheard Mr. Adler tell the first responding officer that I was “a drunk.” I had no alcohol and Officer White confirmed that.) The man who hit me had given me a friendly greeting when I met him near the back as I arrived. He is about 5’ 10” and around 200 lbs. He has long black or brown hair tied with a clasp, and was wearing round-rimed glasses. I had never met this man before, and assume he and the other appointed “bouncer” were devotees of the Peoples’ Park cause, and beneficiaries of the event. I also raise the question as to who the beneficiaries of this event were, and whether they have legal right to hold a fundraising “benefit” for a nefarious cause in the name of a public property. A related question is the income that Mr. Adler derived from this event and similar ones, and whether it is being reported as taxable income. Again, URGENTLY RECOMMEND THAT THE BERKELEY POLICE DEPARTMENT, PLANNING DEPARTMENT AND CITY ATTORNEY TAKE IMMEDIATE STEPS TO CLOSE THE ART HOUSE GALLERY AS A PUBLIC NUISANCE. Please furnish me with the names of the other subjects of the incident report including the man who assaulted me and the man who threatened me. Thank you for your attention to this. I declare this statement to be true under penalty of perjury. Sincerely, H. Scott Prosterman 1519 Addison St. Berkeley, CA 94703 I don’t like staying up this late, but for obvious reasons it’s compelling to file this before I can get some sleep.

Emails 4.10.12 Prosterman.txtFrom: H Scott Prosterman [[email protected]]Sent: Tuesday, April 10, 2012 2:06 PMTo: Asbagh, Claudine M.Subject: FW: Your gallery space - important questions

________________________________

From: Jamie Erfurdt [mailto:[email protected]] Sent: Friday, February 18, 2011 12:24 AMTo: H ScottSubject: Re: Your gallery space - important questions

Hi, H. Scott-

I'm moving because of Harold. Also, it is so cold it is hard to work & the floor leaks when it rains.

Harold doesn't want me to do Open Studios there anymore, and though I don't have plans to do any again any time soon, I don't want to pay rent somewhere I can't do events if I want to. I was not informed about this when I moved in, nor was I told about the leak till the night before the first big rain.

The day I moved in Harold told me he would give me a solo show in the last part of last year, early this year. Later, long after I had moved in, he said he didn't wantto do solo shows anymore. I was OK with that, but then he told me I could use the walls on the outside of my studio. By the time the next show was hung (The Eros show) I had been delegated a very small part of the wall, which he has several timescovered up to do light shows, hang others work, etc.

RIght now I'm very tired and have no more to add, except that Harold promises peoplethings that he doesn't deliver. The woman who had another space there, Rita Ayral, was brought to tears by him. He loses his temper easily, sometimes apologizing later.

Last week he called me at 12:11AM, according to my caller ID, to tell me my SaturdayOpen Studio conflicted with his event, and he was canceling me. "If you don't like it, you can move out" he said.

"I am looking for another place," I said, though I may just put everything in storage.

The timing of his call was not the only unprofessional behavior I've seen.

Best,

Jamie

--- On Thu, 2/17/11, H Scott <[email protected]> wrote:

Page 1

Emails 4.10.12 Prosterman.txt

From: H Scott <[email protected]>Subject: Your gallery space - important questionsTo: "'Jamie Erfurdt'" <[email protected]>Date: Thursday, February 17, 2011, 12:06 PM

Hi Jamie,

Thanks for including me on your invitation for last Sunday. Sorry I couldn’t make it, but I’m overwhelmed with trying to move and make a living.

Why are you moving? Where are you moving? I’m asking for two reasons: I’m interested and concerned for you; and I’ve come to mistrust and begun to dislikeHarold. This is because he seems intent in excluding me from events; after we had processed past difficulties and resolved them. He’s not responsive when I reach outto contact him, and was amazingly provocatively with me when I actually offered to work with him, in response to his posting a job. My impression is that Harold Adleronly wants to deal with people he can readily manipulate and push around. When I stood up to him, he screamed that I was “being pushy and a total asshole.” Sometimes he says things over the phone that would provoke a violent reaction in person. Then he apologized, but now doesn’t seem to remember apologizing for being a jerk in the past. He’s doing a lot of illegal things with his gallery space; and he shouldn’t treat people so badly when he’s doing so many brazenly illegal things. To an extent, I’ve protected him (from the police), but see no need to do that anymore. What do you think?

So, tell me what I need to know. I wish you well.

Scott

(510) 395-2856

From: H Scott Prosterman [[email protected]]Sent: Tuesday, April 10, 2012 1:56 PMTo: Asbagh, Claudine M.Subject: FW: LEAH TYSSE Blues & R&B Singer Live @ ART HOUSE GALLERY SAT NIGHTOCT 22

________________________________

From: H Scott Prosterman [mailto:[email protected]] Sent: Friday, October 21, 2011 8:58 AMTo: 'Nabozny, Jessyca A.'; 'Ott, Michelle@ABC'; 'Szakacs, Erik@ABC'Cc: '[email protected]'Subject: FW: LEAH TYSSE Blues & R&B Singer Live @ ART HOUSE GALLERY SAT NIGHT OCT 22

To The Berkeley Police and Alameda County ABC,

At this point I am wondering why Harold Adler is being allowed to continue to operate an illegal club with impunity. One of his supporters sent me a nasty e-mail, telling me that “Harold is protected” and “has hosted events for Berkeley City Council members.” She further stated that Harold enjoys protected status as a result of his political connections. I’m beginning to believe this is

Page 2

Emails 4.10.12 Prosterman.txttrue.

I began notifying you about this man’s destructive history months ago including illegal alcohol sales, illegal cabaret operations, and abusive and unsavory dealings with his subletters, which is why I got involved in the first place. I was asked to help someone who was being victimized by Harold Adler. In turn, Harold became abusive and vindictive towards me in the art community.

At this point, I wouldn’t bother to keep alerting you to these illegal events, but others keep sending me these announcements. Why? Because others would really like to see Harold Adler subjected to the rightful legal sanctions for all this stuff, and not everyone is comfortable making contact with the police.

If anything, I’ve learned that in Berkeley, good citizenship can be severely punished. For the good deed of performing a drowning rescue at the City ofBerkeley King Pool on July 1, 2010, and ID’ing alarming hygiene and safety deficiencies, my reward has been banishment from the pool system! I hope I don’t get in trouble for this too.

Sincerely,

H. Scott Prosterman

Berkeley

(510) 395-2856

________________________________

From: Sent: Friday, October 21, 2011 1:56 AMTo: H. Scott ProstermanSubject: Fwd: LEAH TYSSE Blues & R&B Singer Live @ ART HOUSE GALLERY SAT NIGHT OCT 22

---------- Forwarded message ----------From: Art House Gallery <[email protected]>Date: Fri, Oct 21, 2011 at 1:15 AMSubject: LEAH TYSSE Blues & R&B Singer Live @ ART HOUSE GALLERY SAT NIGHT OCT 22To: [email protected]

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Leah Tysse Live @ ART HOUSE GALLERY SAT. NIGHT OCTOBER 22

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ART HOUSE GALLERY & CULTURAL CENTER2905 Shattuck Ave. Berkeley, CA 94705Near Ashby Ave Bart510-472-3170Door 7pm 8PM SHOW$12-$15 Donation18+ or with Adult

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Born in Michigan, raised in Wisconsin, New Jersey and Maine, Tysse began her musicalperformance career early on in school choirs, musicals and at church. Living in several states in her formative years further exposed her to a wide variety of music. "But," says Leah, "blues has always resonated more deeply with me than any other music. I feel it is where my voice most naturally wants to go."

In the late 90s, Leah landed her first professional gig in a Paris nightclub as the house blues & soul singer. Upon returning to the U.S. Leah relocated to San Francisco and shortly thereafter joined the world-famous Glide Memorial Church Choirwhere she remains a featured soloist in the 100-person gospel Ensemble.

Now, her career has taken a major leap forward, as she's selected the Bay Area's finest musicians to form The Leah Tysse Band, and has fast earned the reputation of being a undeniably powerful presence on stage, a solid musician and a respected bandleader. In her still young career, Tysse has recorded and/or shared stages with Taj Mahal, Maria Muldaur, Tommy Castro, Debbie Davies, Michelle Shocked, and membersof The Roots, Cold Blood, The Braxton Brothers, Ledisi, Goapele, Mark Hummel, Muddy Waters, Will.I.Am, Rhianna, Maze, Gospel Hummingbirds, The Whispers, Sly and the Family Stone, Chaka Khan, Tony Toni Tone, Boz Scaggs' Band, Santana, Michael Franti's Spearhead, Tower of Power, etc. This October Leah began recording her second album, due to be released in early 2009.

Tysse began her musical performance career early on in school choirs, musicals and at church. Living in several states in her formative years further exposed her to a

Page 4

Emails 4.10.12 Prosterman.txtwide variety of music. "But," says Leah, "blues has always resonated more deeply with me than any other music. I feel it is where my voice most naturally wants to go."

In the late 90s, Leah landed her first professional gig in a Paris nightclub as the house blues & soul singer. Upon returning to the U.S. Leah relocated to San Francisco and shortly thereafter joined the world-famous Glide Memorial Church Choirwhere she remains a featured soloist in the 100-person gospel Ensemble.

Now, her career has taken a major leap forward, as she's selected the Bay Area's finest musicians to form The Leah Tysse Band, and has fast earned the reputation of being a undeniably powerful presence on stage, a solid musician and a respected bandleader. In her still young career, Tysse has recorded and/or shared stages with Taj Mahal, Maria Muldaur, Tommy Castro, Debbie Davies, Michelle Shocked, and membersof The Roots, Cold Blood, The Braxton Brothers, Ledisi, Goapele, Mark Hummel, Muddy Waters, Will.I.Am, Rhianna, Maze, Gospel Hummingbirds, The Whispers, Sly and the Family Stone, Chaka Khan, Tony Toni Tone, Boz Scaggs' Band, Santana, Michael Franti's Spearhead, Tower of Power, etc. This October Leah began recording her second album, due to be released in early 2009.

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From: H Scott Prosterman [[email protected]]Page 5

Emails 4.10.12 Prosterman.txtSent: Tuesday, April 10, 2012 1:55 PMTo: Asbagh, Claudine M.Subject: FW: Art House Gallery Incident on 2/4/12 - Personal Incident Repot #12-6449

________________________________

From: H Scott Prosterman [mailto:[email protected]] Sent: Tuesday, February 07, 2012 3:02 PMTo: 'Nabozny, Jessyca A.'; 'Dahl, Nathan'Cc: '[email protected]'Subject: FW: Art House Gallery Incident on 2/4/12 - Personal Incident Repot # 12-6449

Officer Nabozny & Mr. Dahl,

I am reposting this to you with the request that the process be initiated for closing the Art House Gallery, 2905 Shattuck as a public nuisance. I am willing to participate in public hearings or whatever process is involved in accomplishing this. Other citizens are also making themselves available to the police and public officials for this process.

If you have not already, please see the incident report I filed on Sunday morning, and please know that I am pursuing separate civil action against Mr.Harold Adler and possibly the owner of the building Mr. Larry Butler. Mr. Butler has chosen to not return several calls I’ve made, or Mr. Adler has instructed the staff at Paco Dog Collar to not pass along my messages. I understand from Mr. Dahl,that Mr. Butler has expressed appropriate concern about the history of activities onthe property, but I don’t know that to be true. I believe it should be conveyed to Mr. Butler that it is in his best interest to evict Mr. Adler and close the Art House Gallery. Failing that, I believe the police and Planning Department should take steps to do this given the lengthy history of complaints and regular police presence there.

Sincerely,

H. Scott Prosterman

(510) 395-2856

________________________________

From: H Scott Prosterman [mailto:[email protected]] Sent: Sunday, February 05, 2012 2:04 AMTo: '[email protected]'Cc: 'Dahl, Nathan'Subject: Art House Gallery Incident on 2/4/12 - Personal Incident Repot # 12-6449

To Berkeley Police Department,

THIS IS TO URGENTLY RECOMMEND THAT THE BERKELEY POLICE DEPARTMENT, CITY ATTORNEY AND PLANNING DEPARTMENT TAKE IMMEDIATE STEPS TO CLOSE THE ART HOUSE GALLERYAS A PUBLIC NUISANCE. I argue that the recent record of complaints stands as

Page 6

Emails 4.10.12 Prosterman.txtsufficient basis for this action, in addition to the fact that I was assaulted by one of the agents or employees of the owner of the Art House Gallery, Mr. Harold Adler on February 4, 2012. This was recorded as BPD Incident Report # 12-6449 by Officer White, Badge #50. I also question why Mr. Adler was issued a business license by the COB Planning Department post-facto to his compound notice violations for NOT having the necessary business license. Surely, this is an oversight by the Planning Department. I understand from Mr. Nathan Dahl of the Planning Department that the owner of the property, Mr. Larry Butler has expressed an appropriate level of concern about the activities and history under Mr. Adler’s management.

I stopped by the Art House Gallery at 2905 Shattuck on Friday February 4around 8:45 p.m., expecting to make a brief appearance and be undisturbed by the owner, Mr. Adler. This is because I remembered receiving either a Facebook notice oran e-mail about the event as a “Benefit for Peoples’ Park.” Also, I saw the balloons and easel in front of the property while on my way to Whole Foods that reminded me. As you know I have made prior complaints about Mr. Adler this property. My visit last night was not intended to initiate any provocations. Considering the history of the place and my complaints of public record, I expected to be ignored. My intentions were to socialize and possibly network. Inasmuch as Peoples’ Park is a public entity owned by the University of California, I’m left wondering who exactly was the beneficiary of this event.

A five dollar admission fee was required of all entrants, and Mr. Adler did not allow anyone enter who did not pay the fee. I walked past the receptionist without paying the fee, because my understanding from public documents I’ve receivedis that Mr. Adler is not permitted to require payment for admission. I had been told by mutual friends of Mr. Adler and mine that I was still welcome there as a guest. This includes Ms. Ava Bird, who was a subject of a similar complaint as minearound November 17, 2011, and another woman who was a co-tenant. She had asked my support because she said Mr. Adler was intimidating and abusing her in February and March 2011.

Shortly after arriving, I took a seat next an attractive young woman whosaid her name is Emily, and then placed my backpack and coat on a chair on the back wall. I noticed a buffet line so I helped myself to some soup over pasta that was not up to temperature. I hold expired certification as a food safety manager, but have a lifetime of training and experience in this field, and question whether the Art House Gallery is licensed to serve hot food. There was no heating element present. I also observed at least one patron holding a wine bottle. Personally, I have no objections to social alcohol consumption, but I question whether the presence of a wine or beer bottle violates the legal operating terms of the Art House Gallery, given the recent history of complaints. I was also surprised to findthe presence of microphones given the prior complaints about amplified music proper permits.

When the music re-started, my conversation was loudly interrupted and I went to retrieve my coat and backpack. At that point, I was confronted by Mr. Adlerwho loudly and profanely demanded that I leave. As I already had my coat and backpack on, I told him that I was on the way out after I said goodbye to a new friend. When I sat back down next to Emily, Mr. Adler stood over and yelled in my left ear demands to leave. I am deaf in my left ear, so I couldn’t really hear Mr. Adler yelling at me as I told Emily goodbye. He then summoned the large man who later hit me, and another man who later yelled threats at me AFTER my interview withOfficer White. This man was wearing a bright yellow t-shirt with a tie-die design. He had a long gray hairstyle held by a clasp, and appeared to be in his late 50’s orearly 60’s. After Officer White dismissed me, I made a call to a friend who had also complained about Mr. Adler and the property. While I was speaking on the phone,this guy yelled at me a sequence of threats and profanities, warning me, “DON’T YOU FUCK WITH HAROLD ADLER.” This is relevant because it seems that despite Mr. Adler’scriminal record, legendary abuse of associates, and brazen flouting of the law at the Art House Gallery, he has developed a potentially dangerous cult of personality,

Page 7

Emails 4.10.12 Prosterman.txtparallel to some of the destructive elements of the Peoples’ Park cause. The fact that I was assaulted in a vigorous defense of Mr. Adler by a man who appears to be aPeoples’ Park beneficiary raises a concern.

At no point did I resist the demand that I leave. While I was seated, he instructed the man who hit me and the man in the yellow t-shirt to help him evictme, when though I was already on the way out. (It was on the side of my bad ear so Icouldn’t hear the particulars.) Both Mr. Adler and the man who hit me placed their hands on me while I was getting up from my chair. After telling Emily goodbye, I walked to the door as Mr. Adler continued to yell at me. I reacted quickly with my hands and warned both men not to touch me again. When we reached the iron gate at the sidewalk, both men yelled curses and threats at me. I yelled back a reference to the incident involving Ms. Bird, at which point the man appointed by Mr. Adler lunged at me, and struck me with his closed fist in my right eye. I lunged backwardquickly to escape the brunt of the blow, so that it grazed my eyeball and eyelid, causing irritation and pressure to my right eye. While washing it, I realized thereis a light skin wound on my eyelid that has not bled. Mr. Adler responded with great alarm and placed his hands on the man to restrain him. (He later said that hedidn’t see him hit me and that I was hallucinating. I also overheard Mr. Adler tellthe first responding officer that I was “a drunk.” I had no alcohol and Officer White confirmed that.)

The man who hit me had given me a friendly greeting when I met him near the back as I arrived. He is about 5’ 10” and around 200 lbs. He has long black orbrown hair tied with a clasp, and was wearing round-rimed glasses. I had never met this man before, and assume he and the other appointed “bouncer” were devotees of the Peoples’ Park cause, and beneficiaries of the event. I also raise the question as to who the beneficiaries of this event were, and whether they have legal right tohold a fundraising “benefit” for a nefarious cause in the name of a public property. A related question is the income that Mr. Adler derived from this event and similarones, and whether it is being reported as taxable income. Again, URGENTLY RECOMMENDTHAT THE BERKELEY POLICE DEPARTMENT, PLANNING DEPARTMENT AND CITY ATTORNEY TAKE IMMEDIATE STEPS TO CLOSE THE ART HOUSE GALLERY AS A PUBLIC NUISANCE. Please furnishme with the names of the other subjects of the incident report including the man whoassaulted me and the man who threatened me. Thank you for your attention to this.

I declare this statement to be true under penalty of perjury.

Sincerely,

H. Scott Prosterman

1519 Addison St.

Berkeley, CA 94703

I don’t like staying up this late, but for obvious reasons it’s compelling to file this before I can get some sleep.

From: H Scott Prosterman [[email protected]]Sent: Tuesday, April 10, 2012 1:55 PMTo: Asbagh, Claudine M.Subject: FW: Civil Action Claim v. Harold Adler, Art House Gallery & Larry

Page 8

Emails 4.10.12 Prosterman.txtButler- Personal Incident Repot # 12-6449

________________________________

From: H Scott Prosterman [mailto:[email protected]] Sent: Wednesday, February 08, 2012 12:28 PMTo: '[email protected]'Subject: Civil Action Claim v. Harold Adler, Art House Gallery & Larry Butler- Personal Incident Repot # 12-6449

Counselor,

This is to request your assistance in prosecuting a civil complaint against Mr. Harold Adler, owner-manager of the Art House Gallery, 2905 Shattuck Ave., Berkeley. Please review the incident report in this e-mail, which I sent to the Berkeley Police Department. That memo asks that this business be permanently closed as a public nuisance, as it has been the scene of numerous police complaints.Mr. Adler has offered a settlement of $500 for me to “go away and leave me alone.” He has yet to identify an attorney representing him.

I was hit in the right eye on Saturday, February 4, 2012 by a man who was visibly and verbally instructed by Mr. Adler to evict me from the property. This occurred as I was actually leaving the property, at the entry gate on the sidewalk. Fortunately, the injury was not serious because I quickly stepped back toavoid the brunt of the impact. However, there is not doubt that had I not acted quickly, I would have sustained severe facial, eye and head injuries, which would have required intensive hospitalization.

Yesterday, Mr. Adler called me and he offered me an insulting settlementof $500 to “leave me alone, stop complaining about me to the police and stop harassing me.” He said, “Hey look I really want to put this behind us, what do you think needs to happen? I’m a peaceful, non-confrontational person and I want to resolve this.”

I replied, “You’re not a peaceful guy; you’ve started all kinds of conflicts with other friends of ours. You can give me the name of the guy who hit me.”

Harold: “Nobody hit you.”

Scott: “Harold, you stepped in and were shocked when you saw it happen. You placed your hands on him and said, “No, no, no don’t do that; step back.”

Harold: “No I didn’t; you were hallucinating that. What do we need to do to put this behind us?”

Scott: “You can pay me money! You pay me $5000 and I’ll ignore you.”

Harold: “I don’t have $5000; I’m willing to give you $500 if you sign a letter promising to leave me alone in front of a lawyer.”

Scott: “Who’s the attorney involved? I’m not sure, I’ll get back to youin a day or so and we’ll arrange it in his office.”

BACKGROUND: Mr. Adler had been a friend of mine, and I have performed Page 9

Emails 4.10.12 Prosterman.txtseveral times at the venue as a poet and singer. Our falling out began when a mutual friend, Ms. Jamie Erfurdt asked me to assist her in her exit process with himin March 2011. He was deeply threatening and abusive to her, as one of his sub-tenants. He has exhibited similarly abusive behavior with other women. Also, on November 17, another friend, Ms. Ava Bird was assaulted on the property in an instance manipulated by Mr. Adler. He had invited the assailant to the event, knowing that Ms. Bird did not want this man there, at the event she was producing. No police report was filed in that instance, because Ms. Bird may not have been fully advised of her rights and options. But my assault occurred as a direct parallel to what Ms. Bird experienced.

If you deem it advisable, Ms. Bird and I would like to pursue a joint complaint against Mr. Adler and the property owner, Mr. Larry Butler. I have left at least 6 messages for Mr. Butler at the Paco Dog Collar gift shop, which Mr. Adlermanages, also at 2905 Shattuck. Mr. Butler has never returned a call, despite articulate messages left about the problems there.

The person who assaulted me, Harold told me, was a beneficiary of the “Peoples’ Park Benefit” that was being held that night. The dynamics of the assaultare noted in my report to the police herein.

SUMMARY: Mr. Adler has offered a settlement of $500 for me to “go away and leave me alone.” He has yet to identify an attorney representing him. I believe that a substantially greater award is in order, and that his placing money on the table represents a path for accomplishing this. The parallel goals are to collect damages from Mr. Adler and possibly Mr. Butler, assure the prosecution of the assailant, and work with the Berkeley Police Department to have this property closed as a public nuisance. Thank you for your attention to this.

Sincerely,

H. Scott Prosterman

Berkeley

(510) 395-2856

________________________________



THIS IS TO URGENTLY RECOMMEND THAT THE BERKELEY POLICE DEPARTMENT, CITY ATTORNEY AND PLANNING DEPARTMENT TAKE IMMEDIATE STEPS TO CLOSE THE ART HOUSE GALLERYAS A PUBLIC NUISANCE. I argue that the recent record of complaints stands as sufficient basis for this action, in addition to the fact that I was assaulted by one of the agents or employees of the owner of the Art House Gallery, Mr. Harold Adler on February 4, 2012. This was recorded as BPD Incident Report # 12-6449 by Officer White, Badge #50. I also question why Mr. Adler was issued a business license by the COB Planning Department post-facto to his compound notice violations

Page 10

Emails 4.10.12 Prosterman.txtfor NOT having the necessary business license. Surely, this is an oversight by the Planning Department. I understand from Mr. Nathan Dahl of the Planning Department that the owner of the property, Mr. Larry Butler has expressed an appropriate level of concern about the activities and history under Mr. Adler’s management.



Shortly after arriving, I took a seat next an attractive young woman whosaid her name is Emily, and then placed my backpack and coat on a chair on the back wall. I noticed a buffet line so I helped myself to some soup over pasta that was not up to temperature. I hold expired certification as a food safety manager, but have a lifetime of training and experience in this field, and question whether the Art House Gallery is licensed to serve hot food. There was no heating element present. I also observed at least one patron holding a wine bottle. Personally, I have no objections to social alcohol consumption, but I question whether the presence of a wine or beer bottle violates the legal operating terms of the Art House Gallery, given the recent history of complaints. I was also surprised to findthe presence of microphones given the prior complaints about amplified music proper permits.

When the music re-started, my conversation was loudly interrupted and I went to retrieve my coat and backpack. At that point, I was confronted by Mr. Adlerwho loudly and profanely demanded that I leave. As I already had my coat and backpack on, I told him that I was on the way out after I said goodbye to a new friend. When I sat back down next to Emily, Mr. Adler stood over and yelled in my left ear demands to leave. I am deaf in my left ear, so I couldn’t really hear Mr. Adler yelling at me as I told Emily goodbye. He then summoned the large man who later hit me, and another man who later yelled threats at me AFTER my interview withOfficer White. This man was wearing a bright yellow t-shirt with a tie-die design. He had a long gray hairstyle held by a clasp, and appeared to be in his late 50’s orearly 60’s. After Officer White dismissed me, I made a call to a friend who had also complained about Mr. Adler and the property. While I was speaking on the phone,this guy yelled at me a sequence of threats and profanities, warning me, “DON’T YOU FUCK WITH HAROLD ADLER.” This is relevant because it seems that despite Mr. Adler’scriminal record, legendary abuse of associates, and brazen flouting of the law at the Art House Gallery, he has developed a potentially dangerous cult of personality,parallel to some of the destructive elements of the Peoples’ Park cause. The fact that I was assaulted in a vigorous defense of Mr. Adler by a man who appears to be aPeoples’ Park beneficiary raises a concern.

At no point did I resist the demand that I leave. While I was seated, Page 11

Emails 4.10.12 Prosterman.txthe instructed the man who hit me and the man in the yellow t-shirt to help him evictme, when though I was already on the way out. (It was on the side of my bad ear so Icouldn’t hear the particulars.) Both Mr. Adler and the man who hit me placed their hands on me while I was getting up from my chair. After telling Emily goodbye, I walked to the door as Mr. Adler continued to yell at me. I reacted quickly with my hands and warned both men not to touch me again. When we reached the iron gate at the sidewalk, both men yelled curses and threats at me. I yelled back a reference to the incident involving Ms. Bird, at which point the man appointed by Mr. Adler lunged at me, and struck me with his closed fist in my right eye. I lunged backwardquickly to escape the brunt of the blow, so that it grazed my eyeball and eyelid, causing irritation and pressure to my right eye. While washing it, I realized thereis a light skin wound on my eyelid that has not bled. Mr. Adler responded with great alarm and placed his hands on the man to restrain him. (He later said that hedidn’t see him hit me and that I was hallucinating. I also overheard Mr. Adler tellthe first responding officer that I was “a drunk.” I had no alcohol and Officer White confirmed that.)



Sincerely,

H. Scott Prosterman

1519 Addison St.

Berkeley, CA 94703


From: H Scott Prosterman [[email protected]]Sent: Tuesday, April 10, 2012 1:54 PMTo: Asbagh, Claudine M.Subject: FW: Art House Gallery Incident on 2/4/12 - Personal Incident Repot #12-6449

Claudine,

Thank you for returning my call and giving attention to the widespread Page 12

Emails 4.10.12 Prosterman.txtobjections to any permits that may be issued to the Art House Gallery operated by “Harold Joseph Adler,” 2905 Shattuck Ave. in Berkeley. Put that name into a search engine and see what comes up. Also, please see my memo to BPD herein, and other relevant memos to follow. Thank you for your attention to this. I also represent other citizens who wish to see this place shut down as a public nuisance.

Sincerely,

H. Scott Prosterman

(510) 395-2856

________________________________

From: H Scott Prosterman [mailto:[email protected]] Sent: Wednesday, February 15, 2012 2:39 PMTo: '[email protected]'Subject: FW: Art House Gallery Incident on 2/4/12 - Personal Incident Repot # 12-6449

Ms. Sanderson,

I am also concerned that about the appearance that someone in the city and possibly the planning department is trying to protect Harold Adler from the consequences of what’s occurred. I understand that Councilmember Kriss Worthington held at least one fundraising event at the Art House Gallery while it was operating as an illegal club without permits, and selling alcohol. It may be that Kriss is trying to protect the subject of this complaint.

Scott

(510) 395-2856

________________________________

From: H Scott Prosterman [mailto:[email protected]] Sent: Tuesday, February 07, 2012 3:02 PMTo: 'Nabozny, Jessyca A.'; 'Dahl, Nathan'Cc: '[email protected]'Subject: FW: Art House Gallery Incident on 2/4/12 - Personal Incident Repot # 12-6449

Officer Nabozny & Mr. Dahl,

I am reposting this to you with the request that the process be initiated for closing the Art House Gallery, 2905 Shattuck as a public nuisance. I am willing to participate in public hearings or whatever process is involved in accomplishing this. Other citizens are also making themselves available to the police and public officials for this process.

If you have not already, please see the incident report I filed on Sunday morning, and please know that I am pursuing separate civil action against Mr.Harold Adler and possibly the owner of the building Mr. Larry Butler. Mr. Butler has chosen to not return several calls I’ve made, or Mr. Adler has instructed the staff at Paco Dog Collar to not pass along my messages. I understand from Mr. Dahl,that Mr. Butler has expressed appropriate concern about the history of activities onthe property, but I don’t know that to be true. I believe it should be conveyed to

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Emails 4.10.12 Prosterman.txtMr. Butler that it is in his best interest to evict Mr. Adler and close the Art House Gallery. Failing that, I believe the police and Planning Department should take steps to do this given the lengthy history of complaints and regular police presence there.

Sincerely,

H. Scott Prosterman

(510) 395-2856

________________________________



THIS IS TO URGENTLY RECOMMEND THAT THE BERKELEY POLICE DEPARTMENT, CITY ATTORNEY AND PLANNING DEPARTMENT TAKE IMMEDIATE STEPS TO CLOSE THE ART HOUSE GALLERYAS A PUBLIC NUISANCE. I argue that the recent record of complaints stands as sufficient basis for this action, in addition to the fact that I was assaulted by one of the agents or employees of the owner of the Art House Gallery, Mr. Harold Adler on February 4, 2012. This was recorded as BPD Incident Report # 12-6449 by Officer White, Badge #50. I also question why Mr. Adler was issued a business license by the COB Planning Department post-facto to his compound notice violations for NOT having the necessary business license. Surely, this is an oversight by the Planning Department. I understand from Mr. Nathan Dahl of the Planning Department that the owner of the property, Mr. Larry Butler has expressed an appropriate level of concern about the activities and history under Mr. Adler’s management.



Shortly after arriving, I took a seat next an attractive young woman whoPage 14

Emails 4.10.12 Prosterman.txtsaid her name is Emily, and then placed my backpack and coat on a chair on the back wall. I noticed a buffet line so I helped myself to some soup over pasta that was not up to temperature. I hold expired certification as a food safety manager, but have a lifetime of training and experience in this field, and question whether the Art House Gallery is licensed to serve hot food. There was no heating element present. I also observed at least one patron holding a wine bottle. Personally, I have no objections to social alcohol consumption, but I question whether the presence of a wine or beer bottle violates the legal operating terms of the Art House Gallery, given the recent history of complaints. I was also surprised to findthe presence of microphones given the prior complaints about amplified music proper permits.

When the music re-started, my conversation was loudly interrupted and I went to retrieve my coat and backpack. At that point, I was confronted by Mr. Adlerwho loudly and profanely demanded that I leave. As I already had my coat and backpack on, I told him that I was on the way out after I said goodbye to a new friend. When I sat back down next to Emily, Mr. Adler stood over and yelled in my left ear demands to leave. I am deaf in my left ear, so I couldn’t really hear Mr. Adler yelling at me as I told Emily goodbye. He then summoned the large man who later hit me, and another man who later yelled threats at me AFTER my interview withOfficer White. This man was wearing a bright yellow t-shirt with a tie-die design. He had a long gray hairstyle held by a clasp, and appeared to be in his late 50’s orearly 60’s. After Officer White dismissed me, I made a call to a friend who had also complained about Mr. Adler and the property. While I was speaking on the phone,this guy yelled at me a sequence of threats and profanities, warning me, “DON’T YOU FUCK WITH HAROLD ADLER.” This is relevant because it seems that despite Mr. Adler’scriminal record, legendary abuse of associates, and brazen flouting of the law at the Art House Gallery, he has developed a potentially dangerous cult of personality,parallel to some of the destructive elements of the Peoples’ Park cause. The fact that I was assaulted in a vigorous defense of Mr. Adler by a man who appears to be aPeoples’ Park beneficiary raises a concern.

At no point did I resist the demand that I leave. While I was seated, he instructed the man who hit me and the man in the yellow t-shirt to help him evictme, when though I was already on the way out. (It was on the side of my bad ear so Icouldn’t hear the particulars.) Both Mr. Adler and the man who hit me placed their hands on me while I was getting up from my chair. After telling Emily goodbye, I walked to the door as Mr. Adler continued to yell at me. I reacted quickly with my hands and warned both men not to touch me again. When we reached the iron gate at the sidewalk, both men yelled curses and threats at me. I yelled back a reference to the incident involving Ms. Bird, at which point the man appointed by Mr. Adler lunged at me, and struck me with his closed fist in my right eye. I lunged backwardquickly to escape the brunt of the blow, so that it grazed my eyeball and eyelid, causing irritation and pressure to my right eye. While washing it, I realized thereis a light skin wound on my eyelid that has not bled. Mr. Adler responded with great alarm and placed his hands on the man to restrain him. (He later said that hedidn’t see him hit me and that I was hallucinating. I also overheard Mr. Adler tellthe first responding officer that I was “a drunk.” I had no alcohol and Officer White confirmed that.)


Page 15



Sincerely,

H. Scott Prosterman

1519 Addison St.

Berkeley, CA 94703


Page 16

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Karla Fornall

Bernd Crouse

Berkeley Residents

January 23, 2013

Members of the City Council

Zoning Adjustments Board

We would like to point out some important additional information and provide some visual diagrams

that we feel should be communicated to the Zoning Adjustments Board as they consider our formal

appeal letter previously submitted. We’re appealing on the following grounds:

1) The combination of noise ordinance levels and amplified sound, with only a very short 30 ft. proximity to our home have already proved very detrimental to our health and well being.

a. Example: (1/28-2/1) was a tough 60hr+ work week. Upon returning home to rest, the music of the playing band was audible in every single room in our house with closed windows and doors both Friday and Saturday nights. The imperitive rest and relaxation at home, as prescribed by various health practitioners, was not possible and is criticle to health.

b. Inability to sleep or conduct normal functions in interior of house during performances is what we are finding on a consistent basis

2) The permit holder has already proven to not operate within the permit rules, and demonstrated several violations of the permit since it was granted:

a. Consistently exceeding hours of operations b. Using drum kits c. Often and for prolonged periods exceeding the noise levels granted by the City noise

ordinance d. Recorded examples are as follows:

- 8/25/12, funk band

o Violation 1: played until 10:20 pm, past operable hours

o Violation 2: drum kit

o Violation 3: exceeded Community Noise Ordinance dB(A) levels by 19 dB(A)

- 8/31/12, female vocalists

o Violation 1: played until 10:28 pm


- 12/14/12, rock band o Violation 1: played until 10:20 pm o Violation 2: exceed Community Noise Ordinance dB(A) levels by 5-10 dB(A) for

prolonged periods - 2/1/13, rock band

o Violation 1: played until 10:10 pm o Violation 2: drum kits o Violation 3: 60-65 dBA ongoing the entire duration of the show, measured in our

backyard (music and drums peaked above 70 dBA on several occasions) - 2/2/13, rock band

o Violation 1: drum kits o Violation 2: 60-65 dBA ongoing the entire duration of the show, measured in our

backyard (music and drums peaked above 70 dBA on several occasions)

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3) The nature of the old, steel structure (even with sound proofing) will not adequately protect any amplified sound coming from the venue.

4) The City has limited resources to enforce or study noise complaints going forward, so having a permit in place that is being violated and disruptive to neighbors will prove taxing to both the City and neighbors.

5) We are not even clear why amplified music is even needed, as it is a very small gallery. Acoustical performances would provide sound levels high enough to fill the space and create a nice show for the audience.

6) The affects of continual amplified music (even when operating within the City noise ordinance) is dramatically different to humans from typical background noise (often the “white noise”) we expect being backed up to a commercial zone.

a. Ambient levels on our property typically range between 37-42 dBA. With amplified music playing, this has been increasing to 60-65 dBA ongoing, with drums peaking above 70 dBA

b. Please see attached substantiating white paper, by world renowned science journal on acoustics ACUSTICA attached. (Psycho-Acoustics, Ref.: H. Fastl, ACUSTICA, Vol 83 (1997) 754-764).

7) Other neighbors have also shown concern with the permit, as documented in addendums on file with the City.

8) We have decided not to enter into a direct addendum with Harold Joseph Adler, since an addendum does not protect us from other future parties renting the space & we do not have a good feeling about him.

9) We are law-abiding, hard working citizens who want to protect our property value, well-being and health. We want to enjoy our life without experiencing the risk of detrimental health effects from continual amplified music, particularly when the permit holder has already proven to violate the permit several times.

Please read below for helpful visual diagrams and further detail.

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Figure 1 gives an overview of both locations, 2912 Lorina Street (Fornall/Crouse) and 2905 Shattuck

Ave (Adler Gallery). The distance between both buildings is only about 30 feet.

Figure 1: Map showing 2912 Lorina Street and 2905 Shattuck Ave with Buildings

Music being played at 2905 Shattuck (galvanized steel barn) penetrates non-absorbent steel wall

structures and ceilings easily, leading to a dramatic noise disturbance on our property and in the

interior of our house (especially for frequencies below 1500

Hz which includes base tones and also mid-frequency

tones; estimates based on the ¼ wave length law).

Error! Reference source not found. shows the floor plan of

our home at 2912 Lorina Street; note the location of our

nursery. We are expecting our first child in only 4 months.

As the diagram demonstrates, the master bedroom and the

attached nursery are the closest rooms to the galvanized

steel barn (only 30 ft. away). The amplified sound has

already proven impossible for us to sleep in our room,

problematic to our well-being, and will definitely be a

major issue in the nursery.

Figure 2: Floor plan 2912 Lorina Street

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Figure 3 displays a picture of our backyard and the nursery. The backyard is our passion. We have

invested a lot of work and money to make the backyard children friendly and a big part of our life. It

is part of our education plan and lifestyle to raise our children with a strong connection to nature,

growing fruits and vegetables, etc. Thus, we plan on spending a tremendous amount of time in the

back yard.

The patio will be a little zone where our children will play in a protected environment.

Figure 3: Nursery, patio and raised beds in the backyard

With amplified sound from the galvanized steel gallery, it’s impossible to enjoy our yard as a resident

would normally expect; as the sounds emitting from the venue prove to be very, very loud, so

disruptive that it’s difficult to even have a normal conversation. At the levels we have experienced,

it’s impossible to have friends over for an early evening BBQ, garden in peace, and certainly

disruptive to any playing/sleeping/napping patterns for children, even in the interior of the house.

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In Error! Reference source not found. the backyard is shown with a view towards the gallery and our

nursery. This picture demonstrates the very close proximity between the two properties.

Figure 4: Backyard with view on raised beds and the gallery building, nursery, and raised beds.

In the background of Error! Reference source not found., the metal structure of the gallery building

can be seen. It is a very old barn. The walls are made of galvanized steel. The ceiling is also a thin

layer of steel. It is well known from structural acoustics theory (of which Bernd has a PHD and 10

years experience in this field) that those walls and ceiling do not lead to a significant reduction of

sounds for low and mid frequencies.

We are both hard working, law-abiding professionals seeking for a balanced and healthy life as

described above. We are supportive of our community, we do have an excellent relation to our

direct neighbors and we are looking forward to engaging more with our neighbors and community

once our little baby is born this coming May. The amplified music is highly detrimental to our health,

welfare and our quality of life and the quality of the life of our baby.

Details on violations to date:

As described in our initial appeal letter, we have already experienced the impact of amplified music

in the gallery. Not only have the noise levels already violated what is allowed by the City noise

ordinance, the extremely high levels have lead to us not being able to work, conduct phone calls,

sleep, watch movies and documentaries at any place in our house (not just in the back of the house).

Here are just some of the previous examples of violations:

- 8/25/12, funk band

o Violation 1: played until 10:20 pm, past operable hours

o Violation 2: drum kit


- 8/31/13, female vocalists

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o Violation 1: played until 10:28 pm

o Violation 2: exceeded Community Noise Ordinance dB(A) levels by several dB(A)

Further, on December 14th, the gallery violated the permit again. Karla suffered from pregnancy

related headaches and tried to sleep around 9 pm on that Friday after a really hard day at work. It

was not possible for her to sleep due to the music extraordinarily loud and being clearly audible in

our house. In addition to this, his music was again played too long; he violated the permit again,

instead of stopping at 10.00 pm the music stopped only at 10.20 pm.

- 2/1/13, rock band o Violation 1: played until 10:10 pm o Violation 2: drum kits o Violation 3: 60-65 dBA ongoing the entire duration of the show, measured in our

backyard (music and drums peaked above 70 dBA on several occasions) - 2/2/13, rock band

o Violation 1: drum kits o Violation 2: 60-65 dBA ongoing the entire duration of the show, measured in our

backyard (music and drums peaked above 70 dBA on several occasions)

Questions around the need for the permit:

In its current form, the permit allows amplified music at almost every minute of our private life which

we would spend at home, every day from noon until 8 pm and on the weekends until 10 pm. This

gives us literally not one single hour during the day (afternoons and evenings) to spend time on and

in our property without the risk of being disturbed by the amplified music from the property at 2905

Shattuck Ave. NOTE: as any expert will confirm, the effects of continual, amplified music is

dramatically different to a recipient than the same “noise levels” coming from typical background

noise sources, such as traffic. Please see attached substantiating white paper, by world renowned

science journal on acoustics ACUSTICA attached. (Psycho-Acoustics, Ref.: H. Fastl, ACUSTICA, Vol 83

(1997) 754-764). A normal life on this property is not possible for us under such conditions. At the

same time, the gallery is a very small venue. As pointed out by Harold Adler in his application form

for the permit, “Tonal quality of the human voice and musical instruments are important. Loudness

or volume is not important or necessary.” We agree with Harold Adler in that important point, and

question why amplified music is needed. His business has been able to thrive without it. We are not

clear why this permit is needed.

Questions around abiding the permit and enforcement of the permit:

From various conversations, we have learned that the City of Berkeley is understandably stretched

for resources to enforce the City’s noise ordinance. Based on our experience with the gallery to date,

and several violations of the permit, we would prefer to see the permit appealed, so that we do not

all get into an ongoing complaint/enforcement cycle. This will be taxing on all parties involved.

Lastly, due to the violations of this permit to date, we have no reason to believe that Harold Joseph

Adler will not continue to violate the permit. We hope to have a good and healthy life in Berkeley,

and we do not see this being possible with the permit, any amplified noise levels emitting from an

old galvanized barn 30 feet from our house, in addition to the ongoing violations etc. Sadly, we can

foresee a future of filing ongoing complaints to the City for these violations and disruption to our

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peace. Again, why is amplified music needed? The business has been doing well without it, without

amplified music and just acoustic performances.

Real Health Implications:

As mentioned in the original appeal letter and previously above, the ongoing violations of the permit

and the noise levels that are emitting as a result of amplified sound permit are directly affecting our

ability to rest and relax in our home. Rest and relaxation has been prescribed by our health providers

as a highly critical component and very real necessity to our health and well being- and we are

simply not able to achieve this with the permit as it stands, allowing amplified sound. We would just

like to point this out again, as we perceive these negative health effects a very real violation of the

City noise ordinance for us. We can provide additional substantiation here if needed.

Given the above, we again greatly thank the City and ZAB for their consideration. As outlined in

section 13.40.010 A, B and D of the noise ordinance, we hope that the City council will help us

maintaining the peace and quietness of our neighborhood and help us and the neighbors in

protecting our life quality, health and peace by appealing this permit.

Sincerely,

Bernd Crouse

Karla Fornall

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