By Michael J. Tittinger
An ancient Chinese proverb states: “Least said soonest mended.” In the case of a defiant street performer, Santa Monica officials have taken that saying to heart.
He who shouts loudest is usually the one who gets heard. This is increasingly true today, in an age when cable news anchors debate the day’s issues in a manner more reminiscent of a Jerry Springer-dwarf, she/male argument than a topical give-and-take involving Ted Koppel and David Brinkley. But when only one side is doing all the talking, the argument wouldn’t seem to be much of a face-off at all.
And so the fabled “Farook” case continues, with an area game inventor and retailer, Stewart Lamle, continuing to set up shop on the Third Street Promenade, all the while amassing fines in excess of $16,000 and jail time amounting to eight years. City officials, including Santa Monica Deputy City Attorney Linda A. Mills, have been eerily quiet as to the reasoning behind their targeting of Lamle, who admittedly hawks his invented board game without a business permit. He claims the city refuses to grant him one.
The city responds … Lamle and his attorney have inquired as to what law on the current books would preclude him from selling and playing his game under the guise of a “street performer” along the Promenade.
The city retorts … Lamle and his lawyer claim the city is smarting from Lamle’s beating the rap on 34 previous citations issued him by Santa Monica police officers.
The city counters with …. Sometimes silence can be deafening.
City officials need to get their ducks in a row and either let Lamle off the hook or find a reason to finally book “Farook.” Lamle’s attorney, Paul Mills, claims “the reason they are having trouble answering … is because no such municipal code exists.” And it’s hard to argue with that logic when that’s the only logic being batted about.
Meanwhile, Lamle can operate his business on the Promenade — license free — until at least Sept. 20, when he is due to appear again in Santa Monica Superior Court. The original trial date was postponed after the city’s legal team requested a postponement as they attempt to answer questions asked by Lamle and Mills. Namely, on what grounds is the city denying the inventor and entrepreneur a license?
And the city claims … As the city regroups and discusses how to save face on this one, Lamle is getting all the free publicity an entrepreneur could hope for, with his name and Chinese checker-like game getting print on a consistent basis. As the saying goes, “There’s no such thing as bad press.” Ask basketball star Allen Inversion, whose jersey sales continue to soar after an arrest on weapons charges, or actor Robert Downey Jr., who picks up Emmys and Golden Globes between rehab stints. Unwittingly, it seems the city has done Lamle a huge favor, putting his name and product on the front pages, not quite the desired effect if they are indeed “picking on” Lamle like his lawyer suggests.
The problem seems to be that there is nothing in the law’s wording to preclude an inventor from playing his invention and selling his product under the guise of “street performer,” a broad description to be sure. But the city needs to present its case soon. If not to the court, then to the public because Lamle and company are doing all the talking here, and, therefore, winning the trial of public opinion.
Nothing said nothing mended. Mike Tittinger is a freelance writer living in Santa Monica. You can reach him at
Originally published in the Santa Monica Daily Press print edition on September 12, 2002. Read the original PDF.