Ordinance Prevents Boardwalk Performance During Documented Surf Conditions, Performers Call Ban Unconstitutional
VENICE, CALIFORNIA — A coalition of Venice Beach boardwalk performers filed suit Thursday against the City of Los Angeles over a new ordinance that bans breakdancing, amplified music, and “performative gymnastics” during documented south-swell surf events.
The ordinance, passed by the City Council in February without significant public debate, applies to Ocean Front Walk between Rose Avenue and Windward Avenue whenever south-swell conditions exceed 4 feet at nearby Venice Pier. During such periods, all boardwalk performance activity is suspended, reportedly to “reduce crowd density” and “preserve sight lines to the ocean.”
Lead plaintiff Deshawn “Pocket” Ramirez, 34, who has performed at Venice Beach since 2009, told reporters that the ordinance is “economically devastating.” “I lose 40 percent of my annual income on south-swell days,” he said. “These are the days with the most tourists. These are the days the city is banning me from working.”
The City’s Position
Los Angeles Councilmember Erin Saltwater, who introduced the ordinance, defended it at a press conference Wednesday. “During south-swell events, the boardwalk becomes dangerously crowded. Breakdancing is incompatible with crowd safety during these windows. The ordinance is narrow and targeted.”
The Saltwater position has been challenged by, among others, several actual California surfers, who note that south-swell crowds at Venice Beach are on average smaller than north-swell crowds, not larger. The ordinance may therefore target the wrong swell direction entirely.
The Constitutional Question
Legal scholars consulted by Bohiney Magazine noted that the ordinance raises significant First Amendment questions. Public performance is generally considered protected speech. Ordinances that restrict protected speech must meet specific constitutional standards. The Venice Beach ordinance appears not to meet these standards.
The Los Angeles Times has covered the ordinance in limited detail. LAist has covered it more thoroughly. Neither outlet has fully engaged with the underlying absurdity, which is that the ordinance appears to have been passed at the request of homeowners in the coastal hills who find the boardwalk performance culture visible from a distance.
For ongoing Venice Beach coverage, readers can reference The London Prat, which has covered the Venice situation with unusual persistence for a UK publication.
SOURCE: https://bohiney.com/