Performers in Venice Beach fight proposal
VENICE To an audience of Los Angeles city officials and senior police officers, a man donned in paint-stained clothing began banging on a bongo drum, his head swinging wildly as a free-spirited man nearby joins the performance, rhythmically waving a red flag in the air, caught in the trance of the music.
It was a short-lived concert on Thursday night, held during a town hall forum on a proposed ordinance regulating street performers and vendors on the famous Venice Beach boardwalk, but it nonetheless provided a flavor of what was to be expected for the rest of the evening. The meeting was meant to get a pulse of the public and its thoughts on the proposed ordinance.
It was a town hall forum that seemed to have pulled nearly every single boardwalk mainstay, an eclectic cast of characters, from a self-named “King Solomon”who welcomed meeting-goers with his guitar melodies to a man draped in a long robe, his snow-white beard seemingly never-ending in length.
Given the nature of the subject, an ordinance that tackles the inherent American rights of free speech versus the issue of overcrowding and rampant commercial vending on the boardwalk,it was a contentious meeting at best.
“Venice is the last free spot in the world,” King Solomon said.
Various versions of the ordinance have been challenged in court since it was first introduced in 2005 and was subsequently litigated against by long-time vendors of Ocean Front Walk, calling the law a violation of first amendment rights. The 2005 iteration was the ordinance that put into effect the controversial lottery system for performers. A second version was enacted in 2006 and was challenged once again on the same grounds.
Los Angeles city officials, who have been working with a federal district court judge in the mediation process, formulating a draft ordinance that would meet a middle ground with opponents, hope that the third time will be a charm.
“This is an opportunity for the community to interact with leaders up in the city as to where we are and where we’re going,” LA City Councilmember Bill Rosendahl, who sponsored the town hall meeting and whose 11th district includes Venice, said. The proposed ordinance splits the west side of the boardwalk into so-called “P” and “I” zones, the former dedicated to performers and vendors selling “pure speech” items such as newspapers and leaflets,the latter for the vending of items that are created by the vendor.
The “P” zone will be established between 17th and Paloma avenues, offering a minimum of 120 spaces, most of which will be about 10 feet by 8 feet. About 10 unassigned spaces in the performers zone will be allocated on a first-come first serve basis.
The “I” zone, which will be located in Windward Plaza, will have at least 100 spaces that are considerably smaller than the performer’s plots, about 6 feet by 6 feet. Another 75 spaces that are slightly larger — 6 feet by 8 feet — will be located between Paloma Avenue and Navy Court.
While “P” zone performers and vendors will only need to show a full permit — one that includes the name, contact information and a statement of the description of goods and services — during the peak season, those in the “I” zone will have to exhibit the full permit year round.
Noise will also be regulated under the proposed ordinance, restricting amplified noise to certain areas and banning it between sunset and 9 a.m. The ordinance also seeks to regulate noise, whether it’s amplified or not, to 75 decibels, measured from a distance of 75 feet, or 96 decibels, measured from a distance of a foot.
The restriction of amplified noise was an issue for many of the speakers who questioned how it would be regulated and how the sounds from one performer, meshed in with background noise, could be measured.
“The boardwalk is a noisy place,” said Venice resident Paul Carey, who said there are flaws in the noise provision. “How are police officers going to make a judgment where the source of the noise is.”
Catherine Townsky, a Venice resident who once performed on the boardwalk, said if the ordinance is going to regulate against amplified sound, it should also restrict the businesses on the boardwalk.
Some residents who live near or on Ocean Front Walk spoke in favor of the noise regulation, arguing that noise on the boardwalk has gotten excessive in the past few years.
Lisa Smith,who has lived in Venice since 1980 and on Ocean Front Walk since 1984, said the noise travels up her block and into her home, even when the windows and doors are shut.
The Venice resident added that she has a hard time taking naps during the weekends because of the level of noise.
“I can hear the music inside my bedroom, inside my bathroom, all weekend,” Smith said.
Smith added that some of the performers disregard the residents, mentioning that she had approached an unnamed performer on several occasions, asking they turn down the noise just to receive a disrespectful response.
“I didn’t need to 10 years ago because it was a peaceful place,” Smith said. “It’s gotten out of hand.”
Some performers and vendors criticized city officials for what they believe was a lack of citizen participation in the drafting of the ordinance. Some called for Venice to secede from the city of Los Angeles.
“This is a perfect example of why we need a city of Venice again,”Venice resident Jim Smith said.“A lot of people in power don’t understand that process is as important as the product.”
Originally published in the Santa Monica Daily Press print edition on February 9, 2008. Read the original PDF.