> ## Content Index > Fetch the complete content index at: https://www.smdp.com/llms.txt > Use this file to discover other available public pages before exploring further. # Protection issues in question at market - URL: https://www.smdp.com/protection-issues-in-question-at-market/ - Published: 2005-07-23T15:00:00.000Z - Updated: 2026-10-23T07:30:51.000Z - Author: Ryan Hyatt - Tags: Business, Downtown, #archive-import *At least 63 civil suits set to follow Weller criminal case* DOWNTOWN — It appears barrier protection at the Santa Monica Farmers’ Market might be slacking. More than two years after Russell Weller, 88, killed 10 and injured dozens of people when he drove his car through the Santa Monica Farmers’ Market, some business owners believe City Hall is not doing what it can to make sure a similar tragedy is avoided in Weller still faces 10 counts of vehicular manslaughter with gross negligence for the July 16, 2003 crash. He traveled 995 feet through the market at speeds of up to 60 mph, avoiding parked cars and hurling pedestrians into the air before stopping, a 900-page California Highway Patrol report said. The 10 people killed ranged in age from 7 months to 78 years old. His trial will likely be held in March of 2006 (see related story). Meanwhile, at least 63 civil lawsuits have been filed against the city of Santa Monica and the Bayside District Corp., which oversees the market. Those civil proceedings are on hold until the criminal trial is complete. There also are dozens of civil lawsuits filed against Weller, as well as the Los Angeles County’s agricultural commissioner and the state of California. The city of Santa Monica said it has increased efforts to secure the Farmers’ Market for the past year in the wake of the tragedy. City Hall spokeswoman Judy Rambeau said a police car has blocked the entrance and exits, and there are additional traffic officers at the crossings. However, some business owners are concerned City Hall is not doing enough. One downtown merchant, who requested anonymity for fear of reprisals from City Hall, said he has noticed police cars parked further away from exit and entry points in recent weeks. On Wednesday, the merchant said a police car was parked to the side for more than an hour and a half to allow vehicular access. “Gathering so many people in the street, you should do what you can to protect them,” he said. “Santa Monica should be demonstrating it is conscious about promoting public safety.” He added that there was little point in having the police cars on hand unless they were used as the barriers intended. Laurie Levenson, a Loyola Marymount law professor, said the issue of barriers will likely have little impact in Weller’s criminal case, but it might have significant impact in the civil lawsuits set to follow. “It will be a hotly contested issue whether this crash was foreseeable,” Levenson said, indicating City Hall might have been able to do more to protect the public. “These farmers’ markets are held in a traffic zone. “It’s not completely unlikely someone might drive through them.” However, Steve Traylor, an attorney with the League of California Cities, said those blaming City Hall for the disaster might have a hard time proving their case in court. To be successful, Traylor said civil attorneys would likely need to prove City Hall was aware accidents might result without the barriers in place, and that it did nothing to address the issue before the crash occurred. Referring to a 1984 case Swaner vs. the city of Santa Monica, Traylor relayed how a motorist, driving illegally on the beach, struck and injured pedestrians. A suit followed that argued City Hall — aware it occasionally had problems with motorists driving illegally on the beach — should have taken better measures to prevent motorists from accessing it. Traylor said in Swaner vs. Santa Monica, City Hall had some prior knowledge of the problem, which may have made it more culpable in the case. However, the Farmers’ Market crash was a first of its kind. “What happened in this case is that a third party caused the injuries, and the question is, did the city have an obligation to erect barriers?” Traylor said, to his knowledge, it is not common for cities that have farmers’ markets to put up barriers. Before their turn at trial begins, Levenson said civil attorneys might scramble around the country to find examples showing otherwise. ![](https://storage.ghost.io/c/55/9f/559f9abc-8372-4a2e-8c2d-27386da4e363/content/images/2026/10/072305-01_01.jpg) barriers existed at the entrance point to the Farmers’ Market just west of Second Street on Arizona Avenue on Wednesday for more than an hour. (Photo: Photo courtesy No) *Originally published in the Santa Monica Daily Press print edition on July 23, 2005.* [Read the original PDF.](https://s3.us-east-1.amazonaws.com/smdp%5Fbackissues/072305.pdf?ref=smdp.com)