[PICTURED: Left - "Sorry Mr. Dogg, you may NOT sell your T-shirts, anymore. Now go sleep on the streets. Right - Mr. Dogg wearing said shirt and warning, "on-the-record."]MOTION FOR SUMMARY JUDGMENT: Zuma Dogg, et al vs City of Los Angeles (Pt. 1) -
Zuma Dogg is a Venice Beach performer and speaker. As a popular public access cable TV show host and performer, he was well-known throughout the City of Los Angeles and Los Angeles County. (Imagine L.A.'s own, real life, "Wayne's World" character. Known throughout the city, everywhere he goes, as he is celebrated for his TV show performances.)
Zuma Dogg is known as a live singing and dancing performer; along with sharp-witted, improv-zinging political and cultural commentator. Mr. Dogg is known to have his own "Zuma Dogg" T-shirts, CD's & DVDs that he is always pushing on his cable TV show and on the beach as part of his shameless, self-promotion routine.
On Mr. Dogg's public access show, he would promote that he would be performing LIVE @ Venice Beach THIS WEEKEND, AFTER THE SHOW. (Then would set up after the shows that aired on Saturdays.)
Getting to see Zuma Dogg perform LIVE on Venice Beach is a pretty exciting opportunity, not only for his fans to have a chance to see him perform live who know they can show up, having a good chance of seeing him perform live on most any nice day; but for tourists and general passers by, cause it's a funny routine and Zuma Dogg has worked a decade to create a unique "brand" like the group KISS fought to forge for themselves in the 70's.
So people would buy the Zuma Dogg shirts, DVDs and CD's as they would hang out for a while and then support Zuma Dogg by buying a Tshirt or other Zuma Dogg product.
I was prevented from selling my Tshirts, DVD's and CD's even though I made them all myself, and they are of my own video content of my own shows and CDs are of my own originally recorded songs with me playing the instruments and singing the songs that I wrote.
In Summary Judgment, Zuma Dogg will have a chance to argue to Judge Dean D. Pregerson, that although he found the plaintiffs did not have standing on the "commercial vending" portion of the lawsuit, that ZUMA DOGG was selling HIS OWN SHIRTS, DVDs & CDs...I don't know if he knows that? Also, that TONY B. CONSCIOUS was selling his own hand-made spray paint art?
So perhaps the Judge will find that Dowd/Dogg, et al. DO HAVE STANDING on the commercial vending aspect. First Amendment expression goes beyond merely the spoken medium to include canvas, postcards and T-shirts.
DAMAGES not only economic, for for what endured due to loss of income; including homelesness and physical pain suffered in neck and back due to sleeping in car and then on the sidewalk; along with other related physical side-effects. Also, a disability "work-exemption" has been granted.
END OF PART ONE
COMING NEXT: "Code of Conduct" - The "Code of Conduct" may be legal, but as applied, Zuma Dogg was kicked out for calling a councilman, "one of the shadiest, most problematic councilman in city history." We'll see if the judge thinks that "Code of Conduct" applies. Plus, will add in summary judgment, NEW VIOLATIONS, like the time ZD was called off topic for calling into question Alarcon's transfer of funds as he is under 32 indictments (and Zuma Dogg found some questionable issues) - BUT, Dennis Zine called me off topic and I was cut off and ejected.
AND, the VERY recent one, where Zine interrupted me and then cut me off, demanding I address council as a whole, after I started the sentence with, "I want EVERYONE to know..." (How can that TWICE be interpreted as addressing a councilman, specifically.) This was on the same day that Zine also called another speaker off topic during public comment, not realizing it was not an agendized item. Even after the speaker said, "It's general public comment, not an agenda item," Zine STILL interrupted again and said, "Stay on topic." (It appeared as though Zine had a hearing problem or was having some other kind of problem that day and didn't know where he was?)
That's a good preview of Part 2 of ZD vs LA Summary Judgment (Code of Conduct portion). There's more...but there really doesn't even need to be.
RELATED POST (DAMAGES PHASE & FUTURE LITIGATION):
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