Rare Book Monthly

Articles - June - 2010 Issue

L.A. Book Collector Wins Right to be a Collector, Not a Dealer

Hoppcase

Richard Hopp wins his appeal against the City of Los Angeles.


By Michael Stillman

You can fight city hall. Richard Hopp recently won a long and very strange legal dispute with the City of Los Angeles to be classified as a book collector, not a book dealer. He will not need to obtain a police permit, nor keep the detailed records required of booksellers in Los Angeles. What makes this case so odd is that Los Angeles ever attempted to make this case, and that the city came so close to winning it.

One has to assume that Los Angeles believed Mr. Hopp, a bail bondsman by trade, must be doing more than just collecting books. However, they had no evidence to back up any such beliefs. Odder still, they went to court against him without attempting to secure evidence he was selling books, or even making such a claim. It was as if a police officer, seeing you driving a shiny new sports car, assumed you must be speeding at times, and thereby ticketed you for going 30 miles per hour in a 30 mph zone. In court, they in effect argued that the law made it illegal to go within the speed limit as well as over it. Amazingly, the city won the first round in court. On appeal, Mr. Hopp, and common sense, prevailed.

Richard Hopp's troubles arose as a result of his unusual method of obtaining books. Most collectors purchase their books invisibly, visiting dealers, shows, garage sales and the like, or buying online. Mr. Hopp's style was far more open. He would advertise for books online and in print publications, and he would attend shows and set up a "buying booth." Most likely, the L.A. police looked at this activity and assumed no one could be buying in such a conspicuous manner without selling at least some of what he bought. They told him he needed a dealer's permit.

Mr. Hopp responded by taking the city to court. Rather than wait to get fined for not having a permit, he sought a "declaratory judgment," a court judgment which stated he did not need a permit. When the two sides appeared in court, the city still had no evidence that Mr. Hopp had ever sold a book. He explained that he purchased books and ephemera for his own collection, and items included in groups he bought that he did not want he gave to charity or discarded. Los Angeles then countered with its odd, legalistic argument - that it did not matter whether Mr. Hopp ever sold a book, he was still a dealer in the eyes of the law.

Many a legal case turns on something as small as a preposition, and in round one, the City of Los Angeles turned an "or" into a surprising legal victory. The Los Angeles ordinance that regulates "secondhand book dealers" defines such dealers as persons "engaging in, conducting, managing or carrying on the business of buying, selling, exchanging or otherwise dealing in secondhand books..." The magic word here is "or." Taken literally, the statute does not require that a dealer be buying and selling, buying or selling is sufficient argued the City. Mr. Hopp undeniably was buying. To make some sense out of why it was attempting to apply this wording so literally in Mr. Hopp's case, the City argued that purchasing books at events like flea markets provided an opportunity for petty thieves to fence stolen library and other books. Forcing public buyers such as Mr. Hopp to carefully account for their purchases would make it more difficult for thieves to fence their stolen merchandise.

The Court accepted the legalistic definition and ruled for Los Angeles, but Mr. Hopp was not ready to give in. He appealed. The Appeals Court took a broader look at the statute. Rather than focusing on the word "or" in the phrase "business of buying, selling, exchanging or otherwise dealing," it focused on the word "business."

The Appeals Court looked to other L.A. statutes which define a "business" as an occupation "which provides services, products or entertainment." It concluded that providing such things implies providing them to others. Mr. Hopp was providing nothing to anyone. Buying books and entertaining oneself by reading them hardly constitutes a "business," the Court concluded. It then went on to note that in other legal decisions courts have considered a "business" to be a commercial venture, one intended to produce a profit. There was no evidence or argument that Mr. Hopp was attempting to earn a profit through his activities. All that was shown was that he bought books and collected or donated/recycled them. That, the Court ruled, does not constitute a "business."

As for the City's argument that it needed to regulate public buyers such as Mr. Hopp to prevent fencing of stolen books, the Court stated that this suffered from the same logical shortcoming as the case in general. Part of fencing a book is selling it for a profit. There was no attempt at a profit in Mr. Hopp's activity. You can hardly prevent fencing by targeting people who do not resell the merchandise they buy.

We do not denigrate the seriousness of the challenge the police forces in L.A. and elsewhere face dealing with crime. Cutting off the market for stolen goods is a critical element to preventing goods from being stolen in the first place. Nevertheless, the rules must bear a reasonable relationship to the goals they seek to achieve. Ones that burden thousands of innocent people in the hope of finding an occasional crook are unreasonable impositions on people's ability to lead their lives free of constant intrusion. The City's interpretation of its statute could have subjected every book collector to burdensome and possibly costly requirements. Your child could be required to secure a police permit to collect comic books. This is not reasonable. Technically, this was a victory for Mr. Hopp, but in reality, it was a victory for all book collectors in Los Angeles, and even more importantly, a victory for common sense.

Rare Book Monthly

  • <b>Forum Auctions: Fine Books, Manuscripts and Works on Paper. September 27, 2018</b>
    <b>Forum Auctions, Sep. 27:</b> Cartwright (George). <i>A Journal of Transactions and Events, during a Residence of nearly Sixteen Years on the Coast of Labrador...,</i> first edition, with A.L.s. from the author, 1792. £4,000 to £6,000
    <b>Forum Auctions, Sep. 27:</b> Swift (Jonathan). <i>Travels into Several Remote Nations of the World,</i> 2 vol., first edition, Teerink's "A" edition, Printed for Benj. Motte, 1726. £15,000 to £20,000
    <b>Forum Auctions, Sep. 27:</b> Fourier (Jean Baptiste Joseph). <i>Theorie Analytique de la Chaleur,</i> first edition, Paris, chez Firmin Didot, 1822. £6,000 to £8,000
    <b>Forum Auctions: Fine Books, Manuscripts and Works on Paper. September 27, 2018</b>
    <b>Forum Auctions, Sep. 27:</b> Boccaccio (Giovanni). <i>Genealogiae Deorum,</i> additions by Dominicus Silvester and Raphael Zovenzonius, Venice, Vindelinus de Spira, 1472. £10,000 to £15,000
    <b>Forum Auctions, Sep. 27:</b> Mary I. Letter signed at the head "Marye the Quene" to Lord Paget, 1 page, 7th June 1556. The recall from exile of nine persons opposed to the Marian regime. £10,000 to £12,000
    <b>Forum Auctions, Sep. 27:</b> Nelson (Horatio). Autograph Letter signed "Horatio Nelson" and written to Francis Drake, British Minister at Genoa, discussing the disposition of his "Cruizers" near Genoa. £6,000 to £8,000
    <b>Forum Auctions: Fine Books, Manuscripts and Works on Paper. September 27, 2018</b>
    <b>Forum Auctions, Sep. 27:</b> Darwin (Charles). Unpublished Autograph Letter signed to Walter Raleigh Browne, playing down his scientific knowledge of comparative anatomy, 1881. £6,000 to £8,000
    <b>Forum Auctions, Sep. 27:</b> Murphew (J.). <i>The fair in an uproar, or, the dancing-doggs.</i> As they perform in Mr. Pinkeman's New Opera in Bartholomew Fair, 1707. £1,500 to £2,000
    <b>Forum Auctions, Sep. 27:</b> Chaucer (Geoffrey). <i>The Workes,</i> by [Nicholas Hill for] Thomas Petit, dwellyng in Paules churche yarde at the sygne of the Maydens heed, 1550. £7,000 to £10,000
    <b>Forum Auctions: Fine Books, Manuscripts and Works on Paper. September 27, 2018</b>
    <b>Forum Auctions, Sep. 27:</b> Austen (Jane). <i>Emma: A Novel,</i> 3 vol., first edition, 1816. £7,000 to £10,000
    <b>Forum Auctions, Sep. 27:</b> Greene (Graham). <i>Stamboul Train,</i> first edition, first issue, 1932. £8,000 to £12,000
    <b>Forum Auctions, Sep. 27:</b> Churchill.- Fearon (Percy Hutton) "Poy". “Eat More Beef,” pen and ink cartoon with shading in blue pencil, [July 1928]. £400 to £600
  • <b>19th Century Shop:</b> Charles Darwin on sexuality and the transmission of hereditary characteristics: Autograph Letter Signed to Lawson Tait. Down, 17 January [1877].
    <b>19th Century Shop:</b> MILTON, JOHN. <i>Paradise Lost. A Poem written in ten books.</i> London: 1667. A very rare example with the contemporary binding untouched and with a 1667 title page.
    <b>19th Century Shop:</b> Hamilton secures the ratification of the Constitution: <i>The Debates and Proceedings of the Convention of the State of New-York, assembled at Poughkeespsie, on the 17th June, 1788.</i>
    <b>19th Century Shop:</b> The social contract “Man is born free, and everywhere he is in chains”: ROUSSEAU, JEAN-JACQUES. <i>Principes du Droit Politique [Du Contract Social]</i>. Amsterdam: Michel Rey, 1762
    <b>19th Century Shop:</b> “The first English textbook on geometrical land-measurement and surveying”: BENESE, RICHARD. <i>This Boke Sheweth the Maner of Measurynge All Maner of Lande…</i>
  • <b>Bonhams: Exploration and Travel, Featuring Americana, Part I. September 25, 2018</b>
    <b>Bonhams, Sep. 25:</b> Shackleton, Ernest. <i>Aurora Australis.</i> Printed at the sign of 'The Penguins'; East Antarctica, 1908. $70,000 to $100,000
    <b>Bonhams, Sep. 25:</b> Shackleton, Ernest. <i>South Polar Times.</i> 1st edition, limited issue. from the library of Michael Barne. $20,000 to $30,000
    <b>Bonhams, Sep. 25:</b> General Washington's <i>Proceedings of a General Court Martial... of Major General Lee.</i> Philiadelphia, 1778. 100 copies printed for Congress. BOUND WITH: ...Court Martial... of St Clair and ...Schuyler. $25,000 to $35,000
    <b>Bonhams: Exploration and Travel, Featuring Americana, Part I. September 25, 2018</b>
    <b>Bonhams, Sep. 25:</b> <i>The Voice of the People.</i> Boston, 1754. Rare pamphlet on the Excise Tax. Nathaniel Sparhawk's copy. $4,000 to $6,000
    <b>Bonhams, Sep. 25:</b> Autograph Letter Signed ("S.L. Clemens"), offering extensive hard-earned advice on writing, 5 pp, 1881. $30,000 to $50,000
    <b>Bonhams, Sep. 25:</b> After Fra Egnazio Danti. <i>L'Ultime Parti not:e nel Indie Occid:ntli" [The last known parts of the Western Indies].</i> Painted Map of California, Western Mexico, and Japan. $70,000 to $100,000
    <b>Bonhams: Exploration and Travel, Featuring Americana, Part I. September 25, 2018</b>
    <b>Bonhams, Sep. 25:</b> Ptolemaeus, Claudius. <i>Geographie opus nouissima...</i> 1513. The most important edition of Ptolemy, containing the Admiral's Map. $250,000 to $350,000
    <b>Bonhams, Sep. 25:</b> De Arellano, Don Alonso. Manuscript, his <i>"Relación mui singular y circunstanciada... Capitán del Patax San Lucas,"</i> manuscript copy from the Sir Thomas Phillips collection. $50,000 to $80,000
    <b>Bonhams, Sep. 25:</b> Purchas, Samuel. <i>Purchas his Pilgrimes.</i> First edition. With John Simth's engraved map of Virginia. $70,000 to $100,000
    <b>Bonhams: Exploration and Travel, Featuring Americana, Part I. September 25, 2018</b>
    <b>Bonhams, Sep. 25:</b> Lewis, Meriwether. Contemporary manuscript true copy of his final power of attorney, 1809. $8,000 to $12,000
    <b>Bonhams, Sep. 25:</b> <i>A New Method of Macarony Making, as Practiced at Boston in North America.</i> Mezzotint. London, 1774. $5,000 to $7,000
    <b>Bonhams, Sep. 25:</b> <i>Scientific Base Ball Pitching: A Treatise on the Pitcher, Pitching, Origin and Philosophy of the Curve.</i> Chicago, 1897. $2,000 to $3,000
  • <center><b>Bibliothèque R. & B. L. VII :<br>XIXe siècle (1840–1898)<br>First editions – Reviews – Autograph letters and manuscripts<br>Auction in association with Binoche & Giquello on October 9th.</b></center>
    <b>Bibliothèque R. & B. L. VII, Oct. 9:</b> LAUTRÉAMONT. <i>Les Chants de Maldoror.</i> 1869. First edition, unbound, one of the rare copies dated 1869. €100 000 to €150 000
    <b>Bibliothèque R. & B. L. VII, Oct. 9:</b> PAUL VERLAINE. Poème saturnien. March 31st -June 1st, 1885. Autograph poem signed and illustrated. €12 000 to €15 000
    <b>Bibliothèque R. & B. L. VII, Oct. 9:</b> STÉPHANE MALLARMÉ. <i>L’Après-midi d’un faune.</i> 1876. Inscribed to Paul Gauguin. €30 000 to €40 000
    <center><b>Bibliothèque R. & B. L. VII :<br>XIXe siècle (1840–1898)<br>First editions – Reviews – Autograph letters and manuscripts<br>Auction in association with Binoche & Giquello on October 9th.</b></center>
    <b>Bibliothèque R. & B. L. VII, Oct. 9:</b> CHARLES BAUDELAIRE. <i>[La Cloche fêlée,</i> 1851–1855.] Signed autograph manuscript of one of the poems of Les Fleurs du mal. €25 000 to<br>€35 000
    <b>Bibliothèque R. & B. L. VII, Oct. 9:</b> STÉPHANE MALLARMÉ. <i>Le Tombeau d’Edgar Poe.</i> Circa 1889. Signed autograph manuscript inscribed to Edmund Gosse. €40 000 to €60 000
    <b>Bibliothèque R. & B. L. VII, Oct. 9:</b> GÉRARD DE NERVAL. Manuscrit autographe. 1855. Rare manuscript fragment of Aurelia with corrections. €20 000 to €30 000
    <center><b>Bibliothèque R. & B. L. VII :<br>XIXe siècle (1840–1898)<br>First editions – Reviews – Autograph letters and manuscripts<br>Auction in association with Binoche & Giquello on October 9th.</b></center>
    <b>Bibliothèque R. & B. L. VII, Oct. 9:</b> PAUL VERLAINE. <i>La Bonne chanson.</i> 1870. First edition. One of 20 copies on Hollande paper in a mosaic binding by Noulhac. €15 000 to<br>€18 000
    <b>Bibliothèque R. & B. L. VII, Oct. 9:</b> ARTHUR RIMBAUD. Autograph letter to his sister, July 10, 1891. One of the most beautiful letters by Rimbaud, about his last moments, illustrated with drawings of his leg. €80 000 to €100 000
    <b>Bibliothèque R. & B. L. VII, Oct. 9:</b> GUSTAVE FLAUBERT. <i>Salammbô.</i> 1863. First edition. One of 25 copies on Hollande paper, this one inscribed to Théophile Gautier. €30 000 to<br>€40 000
    <center><b>Bibliothèque R. & B. L. VII :<br>XIXe siècle (1840–1898)<br>First editions – Reviews – Autograph letters and manuscripts<br>Auction in association with Binoche & Giquello on October 9th.</b></center>
    <b>Bibliothèque R. & B. L. VII, Oct. 9:</b> CHARLES BAUDELAIRE. <i>Les Fleurs du mal</i>. 1857. First edition, unbound.<br>€15 000 to €20 000
    <b>Bibliothèque R. & B. L. VII, Oct. 9:</b> CHARLES BAUDELAIRE. Barbey d’Aurevilly caricature. Original drawing (208 x 130 mm). 1865.<br>€20 000 to €30 000
    <b>Bibliothèque R. & B. L. VII, Oct. 9:</b> OSCAR WILDE. <i>The Ballad of Reading Goal by C.3.3.</i> 1898 First edition, publisher’s binding, one of 30 on Japan paper. €10 000 to €12 000
  • <b>Swann Auction Galleries Sep 27:</b> Franklin H. Brown, <i>State Sovereignty, National Union,</i> Chicago, 1860. $6,000 to $9,000.
    <b>Swann Auction Galleries Sep 27:</b> Thomas Paine, <i>The American Crisis,</i> Fishkill, NY, December 1776. $25,000 to $35,000.
    <b>Swann Auction Galleries Sep 27:</b><br>The Aitken Bible, Philadelphia, 1781. $20,000 to $30,000.
    <b>Swann Auction Galleries Sep 27:</b> Francisco Loubayssin de Lamarca, probable first edition of the first novel set in the Spanish New World, Paris, 1617. $15,000 to $25,000.
    <b>Swann Auction Galleries Sep 27:</b> Juan de la Anunciación, <i>Sermonario en lengua mexicana,</i> first edition, first book of sermons in Nahuatl, Mexico, 1577. $30,000 to $40,000.
    <b>Swann Auction Galleries Sep 27:</b> Maturino Gilberti, <i>Thesoro spiritual en lengua de Mechuacá,</i> first edition, Mexico, 1558. $15,000 to $25,000.
    <b>Swann Auction Galleries Sep 27:</b> Commission of William O. Stoddard as secretary to the president, signed by Lincoln, Washington, 1861. $7,000 to $10,000.
    <b>Swann Auction Galleries Sep 27:</b> <i>Clay and Frelinghuysen,</i> flag banner, circa 1844. $8,000 to $12,000.
    <b>Swann Auction Galleries Sep 27:</b> Daguerreotype of a man believed to be Frederick Granger Williams Smith, son of Joseph Smith, circa late 1850s. $10,000 to $15,000.
    <b>Swann Auction Galleries Sep 27:</b> John C. Wolfe, <i>Portrait of Abraham Lincoln,</i> oil on board in period wooden frame, circa 1860s. $12,000 to $18,000.
    <b>Swann Auction Galleries Sep 27:</b> Francis W. Winton, manuscript on pow-wows with indigenous Canadians, 1881. $15,000 to $25,000.
    <b>Swann Auction Galleries Sep 27:</b> Family letters from two young daguerreotype artists, 1826-79. $10,000 to $15,000.

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