Laguna Beach Opens Park to Krishna Displays

Wary of possible renewed legal challenges from the Hare Krishna sect, Laguna Beach officials have decided to make an exception to a city ordinance and allow the religious group to erect tents and displays at a festival at Main Beach Park this weekend.

The officials said Thursday, however, that laws governing beach and park use will be strictly enforced in the future and neither the Krishnas nor the city’s Arts Commission, which holds a annual dance exhibition, will be permitted to put up any structures at the park after next month.

A Krishna lawsuit, filed last May in U.S. District Court in Los Angeles and settled out of court two weeks ago, challenged the city’s earlier denial of a request to put up tents and displays at its festival. While allowing the festival itself to proceed, the City Council denied permission for the tents on the ground that they would create congestion at the beach.

The settlement reached two weeks ago does not oblige the city to permit the structures on the beach beyond this year, but it requires the City Council to reexamine its policy by next June, according to City Atty. Phil Kohn. If the policy study does not occur, the Krishna group automatically will be entitled to erect its tents at Main Beach Park again next year.

City Manager Ken Frank said the city settled with the religious group partly because of the expense of fighting a lawsuit that it might not win. “It would have cost us a hell of a lot of money to fight the lawsuit, and the Krishnas appeared to be willing to spend the money,” he said.

Additionally, Frank said, the city decided to settle because the Laguna Beach Arts Commission had been given permission to hold a 2-day dance exhibition at Main Beach in September.

Not willing to force a last-minute relocation of the exhibition, city officials decided to permit both events to be held at Main Beach Park this year, but put the Arts Commission on notice that this is the last year they will be permitted to use the park.

Although not formally adopted until after the Krishnas asked to use Main Beach, Kohn said the basic rules governing structures have been followed since 1971.

“When the Krishna organization came in and said what they wanted to do, we told them they couldn’t and they said, ‘Show us where it’s written,’ ” Kohn said. “It would be betraying the facts to say that the two were not connected.”

Park-Use Policy

Laguna Beach Mayor Bobbie Minkin said the park-use policy is not intended to restrict religious freedom but to preserve the “normal and serene use of the park.”

“Everyone has the right as guaranteed by the Constitution to free speech,” she said. “There’s nothing in our municipal code to prevent anybody from standing on Main Beach and proselytizing.”

The Krishnas, Minkin said, can hold the festival at the beach next year if they choose to but will not be allowed to erect any kinds of structures. “Anything that can take place without a structure probably will take place,” she said.

Despite the fact that the out-of-court settlement doesn’t require the city to change its rules on park use, David Liberman, attorney for the Krishnas, said he hopes Laguna Beach will be more receptive to allowing the sect to use the beach next year.

Can Refile Next Year

“As part of the settlement, we will be able to present a written proposal to the city manager and the city attorney,” Liberman said. “The dismissal was without prejudice, so if things don’t work out we can refile next year.”

The Krishnas, he said, prefer Main Beach because of the large number of people who frequent the area. “It’s crazy to put yourself where there aren’t any people,” he said.

Mike Gunning, a spokesman for the Laguna Beach temple, said the festival, which will last from 9 a.m. to 6 p.m. Saturday and Sunday, will include free food, art exhibits, music and booths promoting vegetarianism.

Gunning also said temple members will be proselytizing and passing out literature. “The devotees definitely will be preaching,” he said.