LOS ANGELES (ACNI) – All Richard Hopp says he wants to do is to collect and read books. Yet when he sets up at swap meets and advertises to buy books, enforcement officers of the Los Angeles Police Department’s Pawn Section unit warn him he needs a secondhand dealers permit. Tired of trying to convince them he is a collector and not a dealer doing business, Hopp has filed suit against the city.

In the civil suit filed Nov. 13 in Los Angeles Superior Court, Hopp is seeking a judgment declaring he is not a secondhand book dealer or secondhand seller. The suit also challenges the validity of the city ordinances regulating secondhand book dealers and secondhand sellers.

“According to Los Angeles Municipal Code, I am not subject or required to obtain or maintain a secondhand dealers permit. I’m not required because the biggest issue is the definition of the word business. I’m not a business,” said Hopp. “How can I be a business when I don’t sell anything.”

Hopp said he gives away books he does not want to a local Elks Lodge.  

He contends that enforcement officers have insisted for the past year he needs to obtain a secondhand dealers permit. Because he advertises and rents space at swap meets to buy books, Hopp says enforcement officers maintain he is running a business and needs a secondhand dealers permit.

Hopp said the city does not have an administrative process to effectively handle his situation.

“I do not allow a bunch of liberal bureaucrats to bully me,” said Hopp, a bail bondsman by trade. “I’ve asked for an administrative hearing, and they’ve denied me because they lack jurisdiction. They’re mean-spirited individuals, and they don’t like being on the record.”

Hopp said that he has no problem conducting similar activities in other municipalities. To head off any complications, Hoff makes a point to contact officials in writing to determine his status. Ironically, Hoff has a letter dated April 3, 2008 from a tax compliance officer from the Los Angeles Office of Finance that states his collecting activities do not constitute engaging in business.  

Yet, enforcement officers persist, says Hopp. Faced with possible criminal prosecution, he chose to file the suit, which does not specify any monetary damages.

“The reason I didn’t put a dollar amount is that it’s just one more reason for them not to settle. I don’t care about the dollars. I just care about them to leave me alone,” said Hopp, who described himself  “more as a mitigator on defensive mode.”

If his collecting hobby were to be declared a business and subject to ordinances regulating secondhand dealers, Hopp anticipates a widespread effect upon collectors.

“This potentially might wildfire throughout the nation. If they make me get a secondhand dealers permit, how much tax money is out there for everybody to do it?” said Hopp.

A spokesman for Los Angeles Police Department said that because this is pending litigation, he was unable to make any statement regarding this case. The Los Angeles city attorney was not available for comment.      

Copyright 2008 Auction Central News International. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed.