City attorney drops milk crate possession charges
The criminal trial of a local game inventor has been delayed until February so he can argue in federal court that it’s his constitutional right to do business in the city.
Stewart Lamle has set up an impromptu card table on the Third Street Promenade and sold copies of his game, which is a cross between Chinese checkers and a tic-tac-toe, for the past three years. Since then, Lamle has racked up more than 35 misdemeanor charges levied by the city for playing his game.
Sixteen of the charges against Lamle were still pending on Monday, when he was scheduled to go to trial. But the city attorney’s office decided to drop eight charges for illegally possessing a milk crate, which leaves only eight misdemeanor charges of operating a business without a license. Lamle faces up to four years in jail and $8,000 in fines if convicted.
“That was to make it easier to settle the business charges when it comes back in February,” said Deputy City Attorney David Fairweather. “Hopefully by then it will have run its course through the higher courts.”
Lamle’s attorney, Paul Mills, has appealed an earlier state court decision that ruled that the city’s policy is valid. Those appeals are still being considered by state and federal courts.
Mills said the state court may not allow him to argue the constitutionality of the city’s policy before a jury.
“I think that we really want to get to the constitutional issues as soon as possible because that’s what the case is really about,” he said. “There seems to be some issues as to whether the state court will allow us to put those issues before a jury. I think they will resist it and we’re not sure we’ll be able to get them in front of a jury otherwise.”
“I think that we really want to get to the constitutional issues as soon as possible because that’s what the case is really about.” — — PAUL MILLS Attorney
Lamle’s demonstration of the game is not considered a performance by the city, which refuses to grant Lamle permits or a business license.
Lamle has argued when it comes to selling his invented game on the Promenade, the city is accusing him of breaking laws that don’t exist. And because nearly half of all the milk crate citations issued by local police in the past two years are against Lamle, he believes the city has targeted him for prosecution.
It is illegal to possess a milk crate in California because it is the property of the company that purchased it.
So far, neither Lamle nor Mills have persuaded a judge to agree with their arguments. And because Lamle refuses to settle, the case is likely headed for a jury trial.
Fairweather said he hopes with the milk crate citations out of the way, Lamle will plea bargain with the city. The city attorney’s office has said it would drop seven of the eight business license violations if Lamle pleads guilty to the remaining charge.
Under that scenario Lamle could avoid a long jail sentence and the city would win by preventing Lamle’s return to the Promenade.
Lamle hasn’t expressed interest in the arrangement.
“I think if we could get the city to change their licensing practices so that the city wasn’t leaving itself in control of who can say what on Third Street... then yeah, I think we might be able to settle it,” Mills said.
Mills said Lamle is in a Catch 22 situation because the city will not issue him a performer’s permit unless he has a business license, but city officials refuse to give him a business license unless he has a storefront or a cart.
Without that issue being addressed by the city, a settlement isn’t likely, Mills said.
107,“We have never gotten any sensible, legal justification for his repeated arrests and refusal of granting him a business license,” he said. “If they get right with the Constitution, it’s true we could settle the case.”
Originally published in the Santa Monica Daily Press print edition on December 3, 2002. Read the original PDF.