[I WONDER IF ROSENDAHL EVEN KNOWS WHAT HE JUST PASSED?: "Handmade jewelery is still allowed, under new Venice boardwalk laws." @BillRosendahl on radio stations. HANDMADE JEWELERY IS BANNED, BILL!]
If ZD sang in front of Staples Center, before all concerts, and ticket sales went down in down economy, could they ban ZD for hurting sales?
Why not? LAMC 42.15 (Venice Beach boardwalk regulation, passed by L.A. Council on 12/13/11, awaiting Villaraigosa's signature) bans constitutionally protected items like crystals, ALL handmade jewelery, certain handcrafts, some kinds of handmade art, a face-painting a kids face with clown makeup; HOW you may produce your own art -- ALL IN THE NAME OF PROTECTING THE ECONOMIC INTERESTS OF THE EAST SIDE/RETAIL STORES ON THE VENICE BEACH BOARDWALK!
It's not like a handmade stuffed teddy bear, Zuma Dogg Tshirt, handmade/one-of-a-kind, unique art of a certain street artist, or A MILLION ZUMA DOGG BOBBLE-HEADS...ALL EXACTLY THE SAME...PRODUCED AT THE WORLD'S LARGEST FACTORY is the reason stores are closing on the east side...and if ZD t-shirts are the reason...THE STORES ON THE EAST SIDE, BETTER INNOVATE AND UPDATE THEIR PRODUCT LINE!!!!
Give Zuma Dogg ONE retail space on the East side...it won't have ONE, "Do You Have Tickets To The Gun Show," or "I Put Ketchup On My Ketchup" Tshirt...OR ONE THING THAT IS OFFERED...ANYWHERE ALONG THE ENTIRE BOARDWALK! Because if I am operating a brick and mortar store, why would I sell things that people outside on a folding table, that can get rained on, offer? (L.A. City should offer, "economic innovation marketing" programs for the people in the east retail stores, to go along with the "homeless outreach programs," you are offering people on the west side. Then maybe we could all get along!)
OK, here's the REAL legal argument:
TRUTANICH/ROSENDAHL'S LOSING ARGUMENT (As In Will Lose IN Court): Zuma Dogg is against commercial vending @VeniceBeach more than probably ANYONE reading this, as one impinged; prevented from space; and attacked by commercial vendors -- and I do believe the version of LAMC 42.15 (Venice Beach boardwalk regulations) addresses some real concerns.
However, it is my belief that this version, as approved by L.A. City Council on December 13, 2011 (12/13/11), is in violation of the U.S. Constitution/Federal Law. (And ZD would let a few little things slide...but this is SEVERELY RESTRICTIVE, AMBIGUOUS, VAGUE AND IRRATIONAL.
And here is what I would like to note, in THIS tweet (in an upcoming series of tweets on legal concerns regarding 42.15):
In a discussion on food trucks, at an L.A. City Council meeting, the City Attorney told council, they were not allow to make any attempts to tilt economic market scales via municipal ordinance. In other words, the city couldn't pass any laws to ban food trucks for the reason that they were hurting the business and economy of "brick and mortar" restaurants.
There are, however, OTHER reasons/laws that can be passed to address issues concerning food trucks, as City of Santa Monica, recently has, last month.
Similarly, there are issues regarding commercial vending that need to be addressed and enforced upon, on the east side of the Venice Beach boardwalk:
But Zuma Dogg believes a Federal Judge will say, "Where is it written in the U.S. Constitution, that it is L.A. City Council's job to try and preserve the economy of one side versus the other? Where is it written that a municipality has authority to pass law, tilting economic scales of the market?"
[To say, "Eleven stores have closed on the boardwalk, this year, because of the people selling handcrafts and handmade jewelery and custom items," is not a legal argument. The entire local, county, state, national and global economy has hit hard times, and many retail stores and businesses have gone out of business.]
Additionally, I do not think a judge will agree that you can ban ANY form of HANDMADE CRAFTS OR JEWELERY, because the stores on the other side are being economically impinged by the constitutionally protected expressions (crafts/art/clothing/jewelery/etc) made and offered by the artists and performers at Venice Beach. And courts have rules Tshirts/sweatshirts/hats ARE PROTECTED forms of expression. They are the medium of expression/canvas/walking flier/walking billboard...AND THE CITY KNOWS THIS! LIKE MUCH OF THIS ORDINANCE: IT BANS ALL, OVER THE POSSIBLE ILLEGAL ACTIVITY OF SOME. [Ex: Ban ALL shirts (Zuma Dogg's handmade, 1st Amendment protected shirt), cause someone else might sell a NIKE shirt. That is the reason Rosendahl's office gave me. ILLEGAL!]
If there are any public safety issues relating to events that are occurring on the boardwalk as a result of any of this: HAVE LAPD ENFORCE CRIME UNDER MUNICIPAL CODE. There is a already a code for every violation we are complaining about. And and anything SPECIFIC that needs additional municipal code to address, NEEDS TO BE specific and able to pass constitutional muster; not unconstitutional, ambiguous, vague AND irrational (an actual legal term, I just found out, from my attorney!), of which this ordinance is. That will be clearly and easily proven. The city already knows it. But they are just playing the game. Rosendahl is up for re-election. They DO have to do SOMETHING...but they BLEW the REAL chance, over the past year, by over-reaching and going too far...and they figure, Hey, it'll be another year, or so, before we're back in court; and Rosendahl will already be re-elected for his lame duck term. (AND YOU THINK HE'S LAME, NOW! Wait until he's in his final term, awaiting retirement, and becomes even more useless.)
You may not take a souvenir statue of L.A. City Hall or The White House and paint it Red, White and Blue. You can't take a figure of George Washington and paint his face like Gene Simmons of KISS? Because you can't customize something you didn't make from scratch! Can't bedazzle a cigar box! You can offer something you sculpted, but not a carving?
Read Venice Beach Boardwalk law that bans crystals, handcrafts, handmade jewelery, kids' face painting, teddy bears/stuffed animals at large and allows SOME kind of art, but not other kinds...AND, Bill Rosendahl and Carmen Trutanich get to decide.
Read Venice Beach LAMC 42.15: Exhibit One.
READ "STREET/SLANG TRANSLATION" for Courtyard Low-Incomers, HERE: