City punishing ‘Farook’ inventor, his attorney says
The trial of a street performer facing eight years in jail and up to $16,000 in fines for working on the Third Street Promenade without a business permit has been postponed.
Stewart Lamle and his attorney Paul Mills appeared in Santa Monica Superior Court Friday to answer to 16 misdemeanor charges of operating a business without a license. Each citation carries a maximum sentence of six months in jail and a $1,000 fine.
But Santa Monica Deputy City Attorney Linda A. Mills asked the trial be postponed for 30 days while the city tries to answer questions posed by Lamle’s attorney.
Paul Mills wants to know what municipal code prohibits the city from issuing a business permit to Lamle.
The city has refused to issue Lamle a business permit for setting up an impromptu table on the Third Street Promenade from which he sells an invented game called “Farook.”
City officials say Lamle needs either a store front location or he must rent an $1,800 a month cart from the city before it can issue him a license.
Linda Mills didn’t return repeated calls since last Thursday seeking comment. City Attorney Marsha Moutrie also wasn’t available for comment.
Paul Mills believes there’s nothing in the municipal code that warrants Lamle’s arrest and that’s why the city hasn’t responded.
“The reason they are having trouble answering my request is because no such municipal code exists,” he said.
Until another trial can be held on Sept. 20, Lamle will be allowed to work on the Promenade without a business permit.
Paul Mills expects the city to continue to delay Lamle’s court proceedings and not offer reasons why it keeps denying his application for a business permit.
“Nobody knows why none of these guys don’t qualify and the government isn’t going to tell us why,” he said. “It’s secret government. When you ask them for an answer and they won’t tell you, I don’t know of a better definition of a government operating in secrecy.”
And Paul Mills continues to believe the city is “picking on” Lamle for contesting — and winning — 34 other citations issued to him by Santa Monica Police officers for not having a performer’s permit.
“It’s pretty obvious what’s going on here,” he said. “They don’t like these guys and they are trying to shut them down and make them into criminals.
“And they are trying to get away with it by operating in complete secrecy,” he added.
Originally published in the Santa Monica Daily Press print edition on August 28, 2002. Read the original PDF.