Report from the (Ocean) Front: CHANGE IS ON THE WAY


By Della Franco

The change is coming. That is for sure. Is it all good? For the City, probably. For some artists on the Front, maybe. For the activists who are trying to save the Free Speech Zone they helped create, definitely NOT. So here is what has been going on. In a nutshell, or should I say, a bombshell.


Two separate lawsuits were filed against the City – each claiming that the current Venice Boardwalk ordinance (LAMC 42.15) is unconstitutional. Both lawsuits have been assigned to one federal judge, which is not uncommon. One lawsuit is Hunt vs City of Los Angeles with plaintiffs Michael Hunt and Matt Dowd. The other lawsuit is Venice Food Not Bombs vs the City of Los Angeles with plaintiffs Venice Food Not Bombs (FNB), Bill Greenslade, Lani Ware, and a few others. Even though it has been agreed that parts of the existing ordinance is unconstitutional, rather than simply rule on the lawsuits, the judge has been attempting to bring the suing parties together with the City in an attempt to create a better, constitutionally sound law.

Multiple meetings have taken place in the Judge’s Chambers and an idea was proposed (not by any of the plaintiffs) to divide the Boardwalk into two zones. One zone would be for selling and another for Performances and Free Speech. The selling zone would be called the “I” Zone and only for selling items “inextricably intertwined” with a First amendment message/a spiritual/religious message. The other zone would be called the “P” zone and designated for Performers and Free Speech and the only things that could be for sale would be buttons, bumper stickers, and performer CDs. At the June 7, 2007 meeting the City Attorneys were instructed by the judge to write a Draft Ordinance. The draft was sent out promptly by the deadline of the following Monday. Then another draft was sent Thursday, the evening before the next court meeting with revisions regarding criminalization.

Some core issues of the Venice FNB lawsuit plaintiffs and attorneys are to try to de-criminalize the Free Speech Zone as well as preserve Free Speech, which has been a long-standing tradition of the Westside of the Venice Boardwalk.

Another problem with the zone proposal was that the City wanted the zones to be different sizes. The “I” Zone would be from Dudley to Navy along with some spaces around Windward and Market (not many). The rest of the boardwalk would be for the “P” Zone. A decision was made by the Venice FNB plaintiffs and attorneys to fight for as many changes as possible to improve the City Attorney’s draft ordinance. They decided to fight for EVERY possible change and that is exactly what Carol Sobel did in court on June 15.
One of their suggestions was to make the zones equal.

The Judge actually came down on Carol Sobel, but he later apologized. Carol Sobel did not back down. The City Attorney accused her of grandstanding, but the judge responded to this accusation by defending Ms Sobel’s sincerity. The Judge then asked the City if they would continue to work with the suing parties to try to create this new Ordinance. The City Attorneys reluctantly agreed and parties met for hours arguing the detailed changes made by Carol Sobel and plaintiffs to the City Attorney’s draft ordinance.

Things seemed like they were starting to move forward and a new meeting was set for June 20, 2007 to discuss issues the opposing sides had not resolved. But this time the City brought in a wild card, Debby Rowland, the superintendent for Parks and Recreation. Ms Rowland had her own idea about what should happen to the boardwalk. Her suggestion was that the Venice Boardwalk be run like every other Los Angeles run park – everyone obtains a Public Events Permit. She made further suggestions regarding proof of [liability] insurance and other requirements in order to get such permits.

Had the City completely forgotten that the Westside of the Boardwalk is called the Free Speech Zone – not the “vending permit lottery zone?” What the hell was happening to negotiating a fair and just Ordinance? All discussions came to a standstill. Another meeting was set for only the City and the plaintiff’s lawyers. Who knows what will happen now. The entire freedom of the boardwalk could end and Commercial vending and lottery enforcement could win. If that happens artists will be driven out and commercial vending will destroy the soul of Venice Beach.

So for now, until we know what the final outcome will be, Councilman Bill Rosendahl’s word to protect and help the craftspeople of Venice was just dust in the wind. I will keep you updated. Pray for freedom.

Posted: Sun - July 1, 2007 at 07:16 PM          


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