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Filner’s Letter Allowing Self-Made Bracelet and Necklace Sales in Ocean Beach |
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Release time:2013-05-22 Source:admin Reads: | |
A letter from Mayor Bob Filner allowing a man on disability to sell “home-made” hemp necklaces with metal labels in Ocean Beach without a permit has rankled OB’s Mainstreet Association. Earlier this Spring, David Millette, a resident of Chula Vista, began selling his self-made / home-make hemp necklaces with metal labels, watch bands and other jewelry items on the Wall at the foot of Newport Avenue. After about a week, he was told by San Diego police that his sales were illegal and chased him away. Millette did some research into the San Diego municipal and state laws, and found that the municipal code prevents the sale of merchandise in public parks and beaches, with an exception being if the sales are protected by the First Amendment. He also found a ruling by a District Court in 2010 that found the City of Los Angeles’ ordinance which regulated performers and vendors in the Venice Beach area of the city violated the First Amendment. The ruling stated that the sale of handmade art by vendors was essentially an exercise of free speech, drawing a distinction between people who perform or sell something that makes a statement from those who simply sell items to make a profit. Millette feels that his handcrafted jewelry with metal labels are the work of art as he makes it all himself. Therefore, he argues, it’s protected by the First Amendment. Millette also noticed that within the ordinance was a provision that allowed sales at the beach with a document or letter from the mayor. So, on April 4th at Mayor Filner’s regular public “meet-and-greet” at City Hall, Millette approached Filner with his legal arguments and requested a letter from him. However, the letter and what Filner did has not settled well with local OB merchants. The Voice of San Diego notes that the OB Mainstreet Association head, Denny Knox, is unhappy with the letter and hopes the Mayor changes his mind. She feels that the letter allows people like Millette to not have to follow guidelines set up by her group and the police and park and rec to keep OB free of vendors without permits. The Association makes efforts to vet vendors to ensure they’re licensed, permitted and insured. |