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# Caught sweating the law
- URL: https://www.smdp.com/caught-sweating-the-law/
- Published: 2007-05-05T15:00:00.000Z
- Updated: 2026-10-24T00:41:52.000Z
- Author: Kevin Herrera
- Tags: Crime, Montana, #archive-import

NORTH OF MONTANA In a city that is woefully lacking in open space, some residents have resorted to breaking the law to stay fit.

Nearly every morning, those looking to exercise their right to a hardbody roll out yoga mats and dumbbells on the grass-covered medians along Fourth Street near Adelaide Drive, proceeding to sweat it out in violation of a city ordinance that prevents any activity in the medians other than jogging or walking.

The little-known law has become a hot topic at the popular workout spot after Santa Monica police officers issued a former “Seinfeld” actress a citation for burning calories with her personal trainer.

Kathleen McClellan Sain, who played Jerry Seinfeld’s naked girlfriend during an episode of the hit sitcom, said she was about 10 minutes into her morning workout — some stretching, sit-ups and a light jog — when she was told by a police officer that what she was doing was illegal. McClellan Sain told ABC7 News that the officer was “taking full advantage of his badge and using it as an opportunity to harass and bully.”

McClellan ended up in handcuffs and in the back of a police car before being issued a citation and released.

“It’s really scary to think that you’re waking up in the morning and you’re going to work out, and the next thing you know, for no apparent reason, a bully police officer is handcuffing you and putting you in the back of his car, simply because he’s having a bad day,” McClellan Sain told the television station.

Police said McClellan Sain became antagonistic and walked away from the officer as he was explaining to her and others on the median why they were in the wrong. Police said she continued to argue with the officer, who then decided to issue her a citation. McClellan Sain did not have any identification and refused to provide the telephone number of someone who could confirm here identity, so she was detained, according to police.

Faced with the possibility of spending some time in lockup, police said McClellan finally cooperated.

Mark Stevens, a former personal trainer, said he was working out at the median with friends when the officer approached and pointed to signs posted along the median citing the municipal code. He said McCLellan Sain became “heated,” while the officer was “very polite and professional”

“The first words out her mouth where, ‘Don’t you have something better to do?’”

Stevens said. “I think it’s a stupid law, absolutely, but you don’t blame the cop or take it out on him. He didn’t write the law.”

The law was put into effect to protect the public, city officials and police said. Exercising in a median can be dangerous because of the mix of pedestrians and vehicular traffic, especially at the northern end of Fourth Street, at Adelaide Drive, where fitness fanatics from all over the Westside flock to climb “The Stairs” — a collection of nearly 160 cement steps, said SMPD Lt. Alex Padilla. “There are several dangers,” Padilla said. “You have people frequently crossing the street to the median and a lot of cars coming through because it is such a popular area, and that mix of pedestrians in a busy roadway creates concern. Then you have to take into account people with headphones on and drivers on cell phones. People exercising are just in a different zone. Sometimes you aren’t paying attention to what’s around you, especially if you’ve just climbed those stairs.”

While all city medians are off limits to those looking to practice Pilates, enforcement has been heaviest at the Fourth Street location because of resident complaints. Signs were posted about six years ago after City Hall received a high volume of calls. Officers periodically patrol the area, especially after receiving complaints.

“It hasn’t been an issue on San Vicente or Olympic (boulevards), where we have wide medians,” said Elaine Polachek, City Hall’s director of Open Space Management. “People tend to just walk or jog, but there on Fourth Street, it’s really a unique place. There is not the type of vehicle traffic that you see on those more heavily traveled streets and the medians are really flat and don’t have the tree roots, making it more inviting.

“In other areas, it just doesn’t come up.” McClellan Sain’s ordeal was the topic of much discussion at the Fourth Street median Friday morning. Several people working out, as well as neighbors, had heard about it or had seen it on television.

Sam Araghi, who has been working out at the stairs for four years,said he has seen officers in the area “every once in awhile,” but he has never received a ticket.He believes issuing citations is “extreme” and believes the city should lighten up and let people sweat in peace.

“This area has really become a landmark, with the stairs and the medians,” he said. “It has become a little community and something special to people. Most people here are respectful of the residents, they aren’t loud and I really don’t see what the problem is.”

At least one resident agrees.She said she likes the interaction she has with those who visit the area and believes a few residents have gone overboard by requesting a police presence.

“It’s a good thing to be healthy,” said the neighbor, who did not want to give her name.“There are women out there who have just had babies and are trying to lose that baby weight and we should be encouraging them. Giving them tickets, that’s just insane.”

Ron Hankey doesn’t think so.A resident of the area for nearly 40 years, Hankey said he has seen his quiet neighborhood turned into a gymnasium where personal trainers bring classes of four or more students, lay down mats and conduct classes, all within a few yards of people’s homes. The area has become so popular that Hankey often has a hard time finding parking when he comes home from work or running errands around town.

And then there’s the trash.

“It’s frustrating,” he said.“Sometimes people are out in the street or are using the sidewalks. Sometimes it’s hard to drive or walk through here because there are so many people. There are plenty of other places to go.”

Antonio Decicco can sympathize, however, he will still continue to exercise on Fourth Street with his wife and their two children.

“If I lived here I would be opposed to anyone working out here but the locals,” Decicco said as he played soccer with his son, Julian, and daughter, Lauren. “It gets really crowded and there is an issue of privacy and having one’s peace and quiet.

“I’m sure some kind of compromise can be made.”

![](https://storage.ghost.io/c/55/9f/559f9abc-8372-4a2e-8c2d-27386da4e363/content/images/2026/10/050507-03_01.jpg)

SOME HAPPY FEET: This Sunday’s second annual Santa Monica Classic will feature a 5K and 10K run through scenic Santa Monica, with both races culminating at the Santa Monica Pier. (Photo: Photo courtesy)

![](https://storage.ghost.io/c/55/9f/559f9abc-8372-4a2e-8c2d-27386da4e363/content/images/2026/10/050507-03_02.jpg)

SOME HAPPY FEET: This Sunday’s second annual Santa Monica Classic will feature a 5K and 10K run through scenic Santa Monica, with both races culminating at the Santa Monica Pier. (Photo: Photo courtesy)

*Originally published in the Santa Monica Daily Press print edition on May 5, 2007.* [Read the original PDF.](https://s3.us-east-1.amazonaws.com/smdp%5Fbackissues/050507.pdf?ref=smdp.com)