City Council
Report
City Council Meeting: July 21, 2022
Agenda Item: 10.A
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To: Mayor and City Council
From: Douglas Sloan, City Attorney, City Attorney's Office, Administration Subject: Introduction and Adoption of an Emergency Ordinance to Amend Santa Monica Municipal Code Section 4.08.780 to Promote the Public Safety and Welfare by Prohibiting Certain Items at Public Assemblies and Community Events
Recommended Action
The Police Department recommends that Council re-adopt an emergency ordinance amending Santa Monica Municipal Code Section 4.08.780 relating to restrictions on carrying, using, or possessing specified items during community events or public assemblies to promote public safety and welfare.
Summary
This ordinance contains the same language as the emergency ordinance adopted by Council on August 24, 2021, which also superseded the existing language in Section
4.08.780 but which expired on June 30, 2022 (one additional word was inserted, “scooters” along with bicycles, etc.). The rationale for the language of this emergency ordinance is explained in the August 24, 2021, City Council staff report.
In light of continuing and potentially violent protests, as further discussed below, staff recommends adoption of the attached emergency ordinance (Attachment A) with a sunset date of June 30, 2023. This ordinance supersedes the existing language in Santa Monica Municipal Code Section 4.08.780 relating to restrictions on carrying, using, or possessing certain specified items during community events or public assemblies to promote public safety and welfare.
Discussion
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The City of Santa Monica supports peaceful protests, public assemblies, and community events, and the free speech and assembly rights of individuals to engage in expressive activities in public forums such as the City’s sidewalks, streets, and public parks. The City also recognizes the need to promote the safety and welfare of those who engage in peaceful protests, public assemblies, and community events, as well as the safety and welfare of City residents, City businesses, and City visitors who encounter and are affected by such peaceful protests, public assemblies, and community events.
In recent years, there has been increasing concern about violence at public events, as numerous public protests, demonstrations, marches, and rallies conducted throughout the nation in cities such as Washington, D.C.; Charlottesville, Virginia; St. Louis, Missouri; and Portland, Oregon; and throughout California, in cities such as Berkeley, Laguna Beach, Long Beach, Los Angeles, Oakland, and Santa Monica have erupted in violence between demonstrators and counter-demonstrators and violence against law enforcement personnel. Participants and counter protestors have adapted to local law enforcement’s attempts to keep demonstrations peaceful and free of violence. They have changed their tactics and methodology by employing apparel and equipment to intimidate and violently engage opposing factions. Thus, at many of these events, devices such as wooden sticks, plastic and metal pipes, bats, chains, and various types of projectiles (e.g., rocks, concrete, pellets, glass bottles, and ball bearings), as well as certain types of containers, including, but not limited to, glass bottles, metal containers, balloons, super soakers and toy or replica guns, filled with flammable or noxious substances (such as gasoline or urine), as well as aerosol sprays deployed to cause flames or attack olfactory systems, and other items have been used as improvised weapons resulting in injuries and property damage. Demonstrators, counter-demonstrators, and others have also carried shields, worn gas masks, helmets, and body armor, thrown objects at police, shined laser lights into the eyes of police, used accelerants to light fires, and used large sticks as weapons to threaten bodily harm and attack businesses. Recent examples of these types of intentionally violent protests include a series of protests in the Los Angeles area surrounding the mandatory vaccinations, mask wearing, and businesses requiring proof of vaccination 3 of 5
status before allowing patrons to enter, as well as protests in response to the overturning by the United States Supreme Court of the 1973 decision Roe v. Wade, legalizing abortion.
Recent protests occurred on July 4, 2022 in the Venice neighborhood of Los Angeles, and on July 9 and 16, 2022 in Santa Monica, specifically targeting the Planned Parenthood Office in downtown Santa Monica (see July 16, 2022 Los Angeles Times articles “Dueling abortion rallies keep their distance in Santa Monica and “Far-right groups continue anti-abortion demonstrations near Santa Monica Planned Parenthood”). Similar protests have occurred in Portland, New York, Chicago, Phoenix, and Washington D.C., among other cities. Many of these protests have turned violent and/or included vandalism of businesses (see, e.g., 6/26/22 New York Post Article, “Abortion Protests in Portland turn violent, businesses vandalized”).
At the most recent protest in Santa Monica on July 16, 2022, officers of the Santa Monica Police Department observed protestors wearing body armor and carrying straight knifes exposed, pocketknives, flags with wood, metal and PVC poles, large canisters of pepper spray, and goggles. Protestors included organized groups involved in other violent protests nationwide, including AmericanMade Patriots (“Babies’ Lives Matter”), the Proud Boys, and Coalition to Defend Affirmative Action, Integration & Immigrant Rights, and Fight for Equality By Any Means Necessary (BAMN).
On August 10, 2021 in Salem, Oregon at a Planned Parenthood location, militia dressed participants came wearing gas masks and carrying an axe (see photo below). 4 of 5
In light of these and similar circumstances, to protect public safety and welfare, a number of California cities, including Berkeley, Laguna Beach, Los Angeles, Modesto, and Oakland, have adopted permanent ordinances prohibiting, or authorizing issuance of regulations prohibiting, the carrying at protests, public assemblies, and community events of items of the type listed above that can readily be used as weapons. Santa Monica adopted a similar emergency ordinance to supersede Santa Monica Municipal Code Section 4.08.780 on August 24, 2021, but this ordinance expired on June 30, 2022.
The City has been advised of future planned protests in July 2022 and later this year.
The City’s police department is aware that these have been or will be promoted on social media platforms including Facebook, Twitter, and Telegram. The City must be prepared for the possibility that these protests will be seen as opportunistic moments at which individuals may choose to participate in violence occurring recently and in the last two years in Los Angeles, West Hollywood and Santa Monica. For this reason, the Santa Monica Police Department has requested the adoption of an emergency ordinance similar to the one that expired on June 30, 2022. Given the anticipated protest and the high risk that it will be accompanied by volent conduct of the type 5 of 5
intended to be addressed and mitigated by this proposed ordinance, staff recommends Council adopt the proposed emergency ordinance (Attachment A) so that its provisions take effect immediately. Adoption as an emergency ordinance requires at least five affirmative votes. See City Charter Sections 615, 619. A sunset date of June 30, 2023 is also recommended to allow for input on the language of the emergency ordinance from the Public Safety Reform Oversight Committee (PSROC) before a permanent ordinance is adopted.
Alternatives for Consideration
The Council could consider a number of alternative actions:
(1) Leave in place current SMMC 4.08.780. Council could leave in place the current version of Santa Monica Municipal Code Section 4.08.780; however, it does not address at all a host of other items that can readily be weaponized and serve no legitimate purpose at a peaceful protest.
(2) Adopt a permanent ordinance. Council could require that the proposed emergency ordinance be adopted as a permanent ordinance. (3) Modify particular provisions of the proposed emergency ordinance.
Council could modify particular provisions in the proposed ordinance to adjust the scope of any particular prohibition.
Prepared By: Douglas Sloan, City Attorney
Approved Forwarded to Council
Attachments:
A. EORD-ord-Weapons