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# Free speech along Venice boardwalk a work in progress
- URL: https://www.smdp.com/free-speech-along-venice-boardwalk-a-work-in-progress/
- Published: 2005-07-06T15:00:00.000Z
- Updated: 2026-10-25T00:19:56.000Z
- Author: Ryan Hyatt
- Tags: Government & Politics, Venice, #archive-import

*Artists say new laws governing them ‘stinks’*

VENICE BOARDWALK — A recent experiment to manage freedom of expression while preserving other peoples’ rights has become a touchy subject on this world-famous stretch known for its celebration of individualism.

Several artists, political activists and general expressionists argue an updated Venice Boardwalk ordinance, which went into effect several months ago, takes an unneeded step in regulating how the free spirits conduct themselves in front of millions of visitors who come to experience the legendary spectacle of the one-and-a-half mile strip.

Meanwhile, officials who helped craft the new rules contend that conditions for residents have improved as a result of the changes, while acknowledging that they are far from perfect.

For decades, the Venice Boardwalk has been a free-for-all for those who regularly use it to express themselves. But as the area has transformed into more of a flea market setting, Los Angeles City Hall put a clamp down on people who use the boardwalk as their storefronts. Now, vendors and artists who sell their wares are subject to routine patrols, checking to make sure they have a permit and are not using illegal structures like canopies or tents. Expressionists also are subject to a weekly lottery, when they may or may not be selected for a predetermined space on the boardwalk.

Those involved say a question of liberty is at stake in which several groups have a claim in the outcome.

Bill Tompkins, a painter, is one of a dozen boardwalk contributors who said they are dismayed by the new rules.

“It has killed the spirit of freedom to display the creativity of those that gather to make the atmosphere of the Venice Beach experience,” Tompkins said. “We shouldn’t be managing the artists, we should be managing the drunks and doping bums that are really causing the problems.

“In short, it really stinks.”

EVOLUTION OF AN ARTIST/FREE- ENTERPRISE ZONE The east side of the Venice Boardwalk is allotted for commercial vending, much of which consists of restaurants, bars and shops that offer up a medley of fares and wares ranging from low-priced cuisine, to CDs, lingerie, sunglasses and T-shirts.

The west side of the Venice Boardwalk is known as the free speech area. Unlike the east side, it was not intended for commercialization. For decades, that meant the only vaguely enforceable rule was the need for west side expressionists to have an intrinsic artistic, philosophical or spiritual message tied to the “exhibit.” Expressionists would often arrive early to stake out the parcel where they presented their work to the masses. It was a system of “every man for himself,” and it worked, or at least it worked out, according to long-time participants.

William Yaeger, a Green Party member who for years has been distributing political literature on the west side of the Boardwalk, said the old way had its obstacles, but was the best method yet devised.

“There were disputes over space, sometimes the cops had to be called,” Yaeger said. “There was definitely a need for some sort of regulation, but nothing like we have now.”

In more recent years, merchants discovered they could set up shop on the west side of the boardwalk merely by slapping a religious symbol onto the wares they hawked. Artists say merchants have since started to take advantage of the boardwalk’s spirit, selling less art and more junk.

“It used to mean something to say you are an artist selling your work on the boardwalk,” Tompkins said. “Not any-more.”

Tompkins, who lives in Torrance and makes his living solely off the art he sells, has a myriad of work which includes folk, landscape, nude and religious art. One of his pictures is of superheroes such as Batman, Spiderman and the Hulk, hunched over at a bar. The costumes are worn and dirty, some are smoking cigarettes and all of them have beer guts. Another picture is of Jesus Christ, paying a coin to a clerk, with Judas eyeing him suspiciously from behind. It is an astonishingly realistic picture Tompkins said was inspired by a movie.

Strolling the boardwalk on a Sunday afternoon, a quick visual survey showed the majority of boardwalk artisans today are selling beaded necklaces, stenciled pictures and photographs, and clothing. They are wares that, if not hand-made, at least have some sort of intrinsic artistic, philosophical or spiritual message embedded into them — depending on who you talk to.

“It’s a fine line trying to decide what’s art and what’s not,” said Valerie Punzal, a recreation and parks supervisor who helps oversee the boardwalk for the city of Los Angeles. “That’s why we say if there is a message tied to it, they can sell it.”

During the term of former Councilwoman Cindy Miscikowski, whose 11th District seat jurisdiction includes Venice, an increase in residential complaints prompted her and other city officials to re-evaluate the rules of the boardwalk.

For more than a year, city officials, resident groups and artists batted around ideas for new rules. The Los Angeles City Council approved the new ordinance last October.

Before the law took hold, expressionists, who mostly were artists and vendors, were arriving as early as 3 a.m. to guarantee their spot. Residents, trying to sleep in on a Saturday or Sunday morning, were waking up to the sound of bickering. Police were called out, draining regular patrol resources, in order to meddle in disputes which might have been avoided if a system were in place that addressed the issues that were being argued over, officials said.

RISE OF THE NEW RULES “The ordinance change was intended to regulate the time, place and manner individuals operate on the boardwalk,” said Sandy Kievman, former field deputy for Councilwoman Miscikowski.

Kievman said Los Angeles Police Department personnel, residents and business owners were trying to solve problems related to excessive fighting, noise and commercial vending abuses occurring on the boardwalk. They designed a plan, which called for greater regulation of the boardwalk.

The new system, administered by the recreation and parks department, requires all expressionists who wish to exhibit to apply for a permit, which costs $25 and is good for life. By applying, permit holders agree to abide by the new rules of the boardwalk. With permit in hand, a person goes to 1800 Ocean Front Walk on Tuesday the week he or she wishes to display on the boardwalk, in order to take part in a lottery by which that permit holder may then be allotted space.

The lottery for those who wish to exhibit during Monday through Friday is held at 8:30 a.m., followed by the weekend lottery, which is held at 9:30 a.m.

Those who exhibit or take part in the lottery without a permit — or violate any of the rules — are considered to be in violation of the ordinance. They qualify for up to three warnings, administered by recreation and parks monitors, who walk the boardwalk to ensure people are in compliance. Each of the warnings may be appealed, but the third citation means the permit is revoked and the person is banned from applying for a permit for life.

So far, there have been approximately 70 citations issued, according to the recreation and parks department. Few licenses have been revoked.

Lydia Ritzman, a recreation and parks manager for the city of Los Angeles, said the appeals process has been put in place so violators have many opportunities to conform to the new rules.

“Revoking the permit is the last thing we will do, hoping that by receiving these citations people will correct themselves and agree to the terms when they signed the piece of paper (for the permit),” Ritzman said.

Having a permit, however, will not guarantee a win in the lottery for a boardwalk space.

Performers are allocated a space on the boardwalk that measures 10 by 20 feet, and there is usually a surplus of performance space available after the lottery is held. Artists-vendors, on the other hand, are currently allocated smaller sections, 10 by 8 feet. In order to display as much of their work as possible, they frequently use the back of pick-up trucks parked at a nearby beach parking lot or set up large tents on the boardwalk, which is not allowed.

There are sometimes 30 to 40 artist-vendors who are not able to exhibit because there aren’t enough permitted spaces available for them in the lottery.

Recreation and parks officials said they will be re-evaluating the number and size of permitted performance space they dole out, in order to accommodate the higher demand of artist-vendors.

Gita Isagholian, deputy city attorney for Los Angeles and a neighborhood prosecutor for the westside, said her office looked at several cities when crafting the updated rules, including Santa Monica.

In Santa Monica, permitted performers on the Third Street Promenade are rotated every two hours, a policy which Isagholian said her office may soon explore to see if it might be appropriate for the boardwalk, since it seems to give everyone a chance to have preferred spaces and may please east side businesses.

Stephen Bradford, the venue manager who oversees the rotation for the Third Street Promenade and Santa Monica Pier, said the local system has been instrumental for City Hall to deal with disputes over space.

“In my opinion, rotation is the key to making it work,” Bradford said. “Performers and musicians will all get a chance at prime spots, and business owners will only have to tolerate some individuals for a short period of time.”

This year, a total of 900 permits are expected to be issued in Santa Monica, on track with last year.

Venice artists said such a system would never work on the boardwalk. Many who are artists, not performers, want the same space in order to drum up repeated business among patrons.

“I have people who come here, knowing this is where I will be,” Tompkins said, who prefers to be in front of the Waterfront bar.

A WORK IN PROGRESS Capt. John Incontro, who works in the Los Angeles Police Department’s Pacific Division, said the new rules have reduced the number of complaints from residents and business owners while freeing up his officers to tackle more crime in Venice, since they are no longer required to manage boardwalk space.

Incontro noted the new rules have been updated several times since they went into effect and the process would likely be needed again to ensure the rights of those involved.

“It’s a work in progress,” Incontro said. Meanwhile, some recreation and parks employees charged with enforcing the new rules said it continues to be a daunting task. Punzal said many monitors are college students who don’t know what they are getting into when they sign on for the job.

“It’s one thing to walk up and down the boardwalk all day, it’s another thing when you try to enforce some of these rules,” Punzal said.

Punzal said her monitors are frequently insulted and harassed by expressionists when they attempt to enforce rules. Unlike the expressionists, the monitors are required to keep a professional demeanor, often under trying circumstances.

She said one new hire in particular seems to have been traumatized by a recent boardwalk encounter.

“I think I’m going to recommend to the city counseling for her,” Punzal said.

Nonetheless, Punzal noted the new rules have been effective in reducing some resident and business concerns.

“There has definitely been no serious talk about repealing the new rules,” Punzal said. “It is definitely a program that intends to be continued.”

City Councilman Bill Rosendahl, who was recently elected to the 11th District, may have another say in the matter.

“I want to reach out to the other side of the boardwalk and listen to what the artists have to say,” Rosendahl said. “I feel we can modify things so that all sides are comfortable.”

![](https://storage.ghost.io/c/55/9f/559f9abc-8372-4a2e-8c2d-27386da4e363/content/images/2026/10/070605-01_01.jpg)

(Top right) One of the many performers who sprinkle the bohemian boardwalk of Venice. (Photo: Fabian Lewkowicz/Daily Press)

![](https://storage.ghost.io/c/55/9f/559f9abc-8372-4a2e-8c2d-27386da4e363/content/images/2026/10/070605-01_02.jpg)

(Top right) One of the many performers who sprinkle the bohemian boardwalk of Venice. (Photo: Fabian Lewkowicz/Daily Press)

![](https://storage.ghost.io/c/55/9f/559f9abc-8372-4a2e-8c2d-27386da4e363/content/images/2026/10/070605-01_03.jpg)

A visitor to the Venice Boardwalk stops to learn about his future from one of the many psychics stationed there. (Photo: Fabian Lewkowicz/Daily Press)

*Originally published in the Santa Monica Daily Press print edition on July 6, 2005.* [Read the original PDF.](https://s3.us-east-1.amazonaws.com/smdp%5Fbackissues/070605.pdf?ref=smdp.com)