Lessons from Venice Beach

BILL LEARY
St. Augustine
Publication Date: 08/09/09

So I'm in Los Angeles anyway to give a speech when I'm asked to visit the Venice Beach Boardwalk to see how they regulate the sale of art and other stuff in that public place and if it might work for St. Augustine.

The boardwalk is a mile-long stretch of sidewalk near the ocean and there are shops all along the landward side. The controversy was over the beach side where vendors, performers and persons expressing their views competed with one another for space, which, as of late, had led to violence.

Last year, the City of Venice Beach passed an ordinance regulating the beach side by creating performance zones and commercial zones with 100 numbered spaces each. You need a permit to occupy those paved spaces and each week you enter a lottery to win a space for either the upcoming weekend or Monday through Friday. In the performance or P-Zones, permitted venders can perform or sell newspapers, buttons, leaflets and the like or books or recordings they create.

In the commercial or I-Zones, they can also sell "expressive" items they create or expressive items "inextricably intertwined" with their religious, political, philosophical, or ideological message.

All other selling, including food and beverage, is prohibited in those zones.

How it works

A stroll down the bustling boardwalk revealed some talented musicians in the P-Zone and others opining about local and national issues. In the I-Zone, there were people selling all kinds of hand-made stuff. From jewelry and sculpture to kaleidoscopes and magic wands. There were booths selling Rastafarian items and others featuring peace symbols.

You could sell oil and incense if tied to your religious, philosophical or ideological beliefs.

You could sell clothing if it was intertwined in your message, but not if it was simply clothing.

You could get a henna tattoo that lasts two weeks, but not a massage because of health code restrictions.

You could get a tarot reading or a caricature, but not a pair of sunglasses.

You could even get "your name engraved on a grain of rice." There were some nice original paintings, prints and photographs.

The ordinance is run by the city's recreation department, which issues a plastic photo ID card that serves as the permit. It's good for one calendar year and costs $25. Annual renewals are $10. You can have your permit thrown in the lottery barrel each Tuesday, lottery day. Once the spaces are full the lottery stops and you can request a specific space if available.

Recreation staff monitor compliance and seek police help if necessary. Violators are subject to suspension from the lottery or fines for repeat violations.

There are also time, place and manner restrictions on that portion of the boardwalk not in these zones. In those areas, one can do what is allowed in a P-Zone or sell expressive items inextricably intertwined with the message of the vendor. Limits are placed on the size of tables, easels and umbrellas in those areas of the boardwalk outside the zones.

It's California and all a little "crunchy," if you get my drift, but it seems to be working.

At least there has been no recurrence of violence and no one has sued the city over it. Occasionally a vendor complains about lack of sales, but the city staffs' view is that true artists are primarily interested in the freedom to express their message.

Could a similar permitting and lottery program work for activities in the Plaza de Constitution?

Perhaps. But it's probably going to require the level of goodwill I found in the very relaxed atmosphere of Venice Beach.

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Bill Leary is a member of the Planning and Zoning Board of the City of St. Augustine. He invites your thoughts and comments to The Record at letters@staugustine.com or at bill.leary4@yahoo.com.

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