The Santa Monica City Council adopted an emergency ordinance Tuesday expanding the list of items prohibited at public assemblies and community events, adding leaf blowers, traffic cones, hammers and frozen water bottles to enhance public safety.
The amendments to Santa Monica Municipal Code Section 4.08.780 were recommended by the Police Department based on observations from recent protests, including demonstrations in downtown Los Angeles where these items were used to disrupt law enforcement or escalate violence.
"These additions are based on direct observation, intelligence reports, and widely circulated videos of recent events," said Sgt. Robert Paschal, acting lieutenant for the department's Intelligence Unit, during the council meeting.
The newly banned items include electric and gas leaf blowers, which protesters have used to redirect tear gas away from crowds and toward officers; traffic cones and A-frame barricades used to trap tear gas canisters; hammers and mallets employed to break concrete into projectiles; and frozen water bottles that can cause serious injury when thrown.
However, the ordinance sparked controversy over existing restrictions on bicycle helmets, which remain prohibited at protests unless the person is actively riding a bicycle.
Council member Dan Hall raised concerns about the helmet provision, noting that someone who bikes to a protest and wants to carry their helmet while walking could technically face misdemeanor charges punishable by up to $500 in fines, six months in jail, or both.
"I don't want people riding their bikes to a protest to see a bicycle helmet on the prohibited list as they approach the protest and be like, 'Oh, I can't go to the protest because I'm carrying my bike helmet and I don’t have a lock.' It feels like we're doing something that discourages their participation, and we should be actively supporting community participation,” he said.
Police officials emphasized that enforcement would be discretionary and that officers would use common sense when encountering people with prohibited items. In defending the helmet ban, officers said that the rule acts as a conversation starter that provides a reason for officers to approach people and ask them to comply with the rule.
The ordinance requires officers to issue warnings before enforcement when feasible, excluding emergency circumstances.
Council member Jesse Zwick expressed concern about the broad language of the law, noting that technically possessing any prohibited item at a protest could result in criminal charges.
"There's nothing wrong with owning a helmet or a cone, and I don't know why we need to make it illegal," Zwick said.
The comprehensive prohibited items list includes weapons such as knives, baseball bats, and projectile launchers; protective gear including gas masks, impact-resistant helmets, and body armor; materials like glass bottles, metal containers, bricks, and rocks; and tactical equipment such as laser pointers and load-bearing vests.
The ordinance also bans umbrellas except during rain, when they must not exceed 16 inches when collapsed, and aerosol sprays including tear gas and pepper spray.
Mayor Pro Tem Caroline Torosis suggested the city consider banning ski masks at protests, citing concerns about people impersonating law enforcement, though City Attorney Doug Sloan noted potential First Amendment issues with such restrictions.
Councilmember Ellis Raskin suggested removing traffic cones from the banned list, arguing they can promote public safety by redirecting traffic away from protesters, but the idea was abandoned when staff said city officials could possess a banned item if doing so was necessary to their job, such as traffic officers deploying cones for safety purposes.
The council ultimately approved the ordinance with direction for the Public Safety Reform and Oversight Committee to review the bicycle helmet restriction and return with recommendations.
City officials emphasized that the restrictions are intended as content-neutral time, place and manner regulations that don't infringe on First Amendment rights while ensuring public safety.