August 3, 2021 #1 Local News, Forum, Information and Event Source for Venice Beach, California.

OFW Vendor Sales Pitches Not Protected by the First Amendment

From The Courthouse News Service, Tuesday, March 22, 2011:

Sales pitches from vendors along Los Angeles’ famed Venice Beach boardwalk are not protected by the First Amendment, the 9th Circuit ruled Tuesday, finding that a city ordinance properly limits the expression of the hawkers, performers and artists who crowd the colorful walkway.

After being arrested for illegal vending, Michael Hunt and Matthew Dowd challenged the city’s ordinances requiring Venice Beach peddlers to hold a “public expression participant permit” and to confine their sales to “merchandise constituting, carrying or making a religious, political, philosophical or ideological message or statement which is inextricably intertwined with the merchandise,” according to the ruling.

Hunt told passers-by that homemade shea butter he sold on the boardwalk had healing properties, and Dowd sold homemade incense and incense holders engraved with various religious and cultural symbols.

U.S. District Judge Dean Pregerson found that the city’s 2004 incarnation of the ordinance was unconstitutionally vague, but that a 2006 version clearly spelled out what a legal vendor could and could not sell on the boardwalk.

The judge ruled in the city’s favor on the challenge to the 2006 ordinance, finding that Hunt and Dowd had failed to show that they were engaged in the kind of speech that it protected.

A three-judge appellate panel in Pasadena agreed on Tuesday.

“Hunt and Dowd could easily sell their wares without reference to any religious, philosophical, and/or ideological element, and they could also express any noncommercial message without selling these wares,” U.S. District Judge J. Michael Seabright wrote for the 9th Circuit.

The panel also ruled that the city had failed to properly appeal a jury’s award of $264,286 in attorney’s fees to Hunt.

Click here to continue reading the rest of this article.

Related Posts

Millions of Gallons of Partially Treated Sewage Continue to be Discharged From Hyperion Plant

August 2, 2021

August 2, 2021

Hyperion Water Reclamation Plant still not operating at full efficiency following July spill  By Sam Catanzaro Three weeks after a...

20-Year-Old Fresno Man Killed in Venice Shooting, Crash

July 30, 2021

July 30, 2021

No arrests made in connectio to Tuesday incident By Sam Catanzaro. Officials have released the identity of a 20-year-old man...

Uovo Pasta Opens in Marina Del Rey

July 29, 2021

July 29, 2021

Soft opening for popular restaurant at Pier 44 By Kerry Slater  Popular pasta restaurant Uovo is now open in Marina...

Police Investigating Fatal Crash, Shooting in Venice

July 28, 2021

July 28, 2021

Details remain murky surrounding Tuesday morning incident  By Sam Catanzaro Police are investigating a fatal car crash and possible related...

Venice Community Housing Receives Honor From American Institute Of Architects: YO! Venice Show – July 27, 2021

July 27, 2021

July 27, 2021

Local news and culture in under 5 minutes. * Venice Community Housing Receives Honor From American Institute Of Architects *...

Homeless Advocate Arrested Near Venice Bridge Home Shelter on Suspicion of Dealing Drugs (UPDATED)

July 26, 2021

July 26, 2021

65-year-old Garry Featherstone accused of selling meth, PCP By Sam Catanzaro A self-described homeless outreach advocate was recently arrested near...

Bonin’s Encampment to Home Moves 131 Homeless Into Housing: YO! Venice Show – July 19, 2021

July 19, 2021

July 19, 2021

Local news and culture in under 5 minutes. * Bonin’s Encampment to Home Moves 131 Homeless Into Housing * LAFD...

Petition for Recall of Councilmember Bonin Approved for Circulation

July 13, 2021

July 13, 2021

Signature gathering phase now set to begin after Tuesday approval by City Clerk  By Sam Catanzaro The Los Angeles City...

Deadline Extended For Unhoused To Move Belongings Off Boardwalk: YO! Venice Show – July 12, 2021

July 12, 2021

July 12, 2021

Local news and culture in under 5 minutes. * Deadline Extended For Unhoused To Move Belongings Off Boardwalk * Pedestrian...

Hyperion Spill Discharges 17 Million Gallons of Raw Sewage Into Santa Monica Bay

July 12, 2021

July 12, 2021

Sunday night spillage occurs 1-mile offshore from Hyperion Water Reclamation Plant By Sam Catanzaro 17 million gallons of raw sewage...

IPO Cosmetics Launches The World’s First 4Step Facial Kit

July 10, 2021

July 10, 2021

It’s Perfect On Introduces a New, Convenient, Portable and Eco-Friendly Skincare Option By Staff Writer What if you could get...

Marina Drive-In Movie Summer Series Underway

July 9, 2021

July 9, 2021

Gather with your family and friends to watch movies by the sea in Marina del Rey. Marina Drive-In Movie Nights,...