LAPD Bike officers on the Venice Boardwalk creating a chilling effect in the warm California sunshine.See this earlier post for some brief background on this case and this collection of pleadings in the case.
Late last night the plaintiffs filed a searing opposition to last month’s defendants motion to dismiss. Part of the plaintiffs’ argument relies on the fact that the Boardwalk is actually a public sidewalk, and in support of that argument they also filed a request for judicial notice that included a certified copy of the deed by means of which Abbott Kinney gave the boardwalk to the City (of Ocean Park; Los Angeles didn’t get it until 1926). To understand the issues it may be useful to look at the text of LAMC §42.15.
The issue is whether or not the Boardwalk is a public forum. If it is, the First Amendment places a very, very high barrier before the City’s attempt to regulate speech there at all. Sidewalks, as opposed to City-sponsored Disneylandesque bullshit tourist-trap money magnets, are quintessential public forums,1 and this is the heart of the argument:2
The Venice Boardwalk is a traditional public forum long recognized by the City as perhaps the most prominent free speech area in the City. Although called a “boardwalk,” this pedestrian passageway is a public sidewalk, deeded to the City as a sidewalk in perpetuity in 1906. See Plaintiffs’ Request for Judicial Notice and Exhibit 1.
Public sidewalks “occupy a ‘special position in terms of First Amendment protection’ because of their historic role as sites for discussion and debate[.]” They are the locations where people encounter speech they “might otherwise tune out.” “From time immemorial,” public sidewalks have been locations where “normal conversation and leafleting” have occurred as part of the First Amendment’s guarantee of “sharing ideas.” Indeed, public sidewalks are, perhaps, the most important traditional public forum because of their availability at any time at no cost.
The sun sets on a free Venice Beach for the last time as a new era of totalitarian private/public partnership threatens to ruin everything.On Friday, July 1, the Mayor of the City of Los Angeles signed an ordinance of intention to establish a Venice Beach BID. It seems that this isn’t final, and there will be a hearing on August 23, 2016 at 10 a.m. “to determine whether to establish the District.” Please mark it on your calendars and come put the integrity of our City Council to the test. After all, if 169 signatures below one of the most eloquent anti-BID statements I’ve ever had the good fortune to read didn’t sway them, I don’t imagine that a huge public outcry will do much. But that’s no reason for remaining silent.
You can read a description of the boundaries of the proposed BID in the ordinance, although it’s a little hard to follow even for someone who grew up out there. The District seems to be bounded roughly by the Boardwalk on the West, by North Venice Boulevard to the South, by Pacific Avenue to the East, and by Rose on the North. Now, I don’t know how much you know about the history of race relations in Venice, but it’s essential to an understanding of the deep politics of this BID3 to know that the area roughly bounded by Electric Avenue, North Venice Blvd., Lincoln Blvd, and (maybe) Brooks Avenue, known as Oakwood, was originally the only area of Venice that non-white people were allowed to own property in. Thus ownership of commercial property in the area encompassed by the proposed BID, like most such areas in Los Angeles, was restricted to white people only until sometime in the late 1960s, and then only as a matter of law. There is no question that the huge majority of that property is, even now, due to the way that commercial property is passed down in families, owned by white people. Continue reading A Dark Day in Los Angeles: Venice Beach BID Ordinance Approved by Council on Friday. Final Hearing August 23 at 10 a.m. in Council.→
