BANNERS, from page 1 Lawsuit making waves in city
The banners that hang over Santa Monica’s roadways could cause the city a lot of trouble.
Officials are studying how to continue to offer advertisement space to local non-profits without violating the First Amendment. In the meantime, they’re making other adjustments to policies that govern individual rights of expression.
Council members voted on Tuesday to loosen restrictions on “spontaneous” public gatherings and name an official parade route through the city. But another amendment that would have restricted what banners can advertise was sent back to city staff for more research.
“I’m concerned because I think people need to have banners,” said Councilman Herb Katz, adding that the code currently controlling banners is “pretty loose.”
“It’s a tightrope, we’re trying to walk it.”
City Attorney Marsha Moutrie said the changes to the city’s code have been initiated by a First Amendment lawsuit filed against the city. The lawsuit, in part, challenges the discretionary power the city uses in determining what is acceptable on over-the-road and lampost banners.
Lawyers say the current law that controls banner content is vague and overly broad.
397,“If you have a rule, you can’t make exceptions,” said Carol Sober, the lead attorney on the lawsuit. “You can’t have a regulation that says you can talk about economic issues but not political issues or religious issues.”
City staff on Tuesday recommended limiting banner content strictly to city events. While that would exclude fairs, art gatherings and other community events, Moutrie said it would eliminate concerns of violating First Amendment rights by letting one group advertise but not another.
A handful of community members urged the council to think twice before putting an end to an inexpensive form of advertising for local groups. They asked the city to come up with a workable alternative.
Council members agreed the issue needed more attention and left it in the hands of city attorneys to “turn over every stone” in their research for a banner law that would address the concerns of the community.
The city currently allows non-profits that are sponsoring events in Santa Monica to apply for banners, said Joan Akins, the official who oversees banners. No political groups have applied for banners in her more than 10 years at the post, but schools and other community groups frequently use them, she said.
“The event cannot be a service,” she said, giving the example of a church mass. “It can be a fundraiser.”
Food Not Bombs is the official plaintiff in the First Amendment lawsuit against the city, which also challenges the legality of public feedings for the homeless in Palisades Park.
The city enacted a law last fall that made it illegal to serve food in public parks without permits from the health department and the city. No action has been taken on the law. Officials are currently grappling with how to educate the public and enforce the controversial law.
Sober said the city appears to be making progress in response to the lawsuit.
“They’re basically changing everything that we challenged,” she said.
- Council member Herb Katz
Originally published in the Santa Monica Daily Press print edition on April 10, 2003. Read the original PDF.