Many Cities See Fortunetelling in Their Futures

Cities across Orange County that ban fortunetelling, crystal gazing, spirit photography and other such practices are taking another look at their ordinances after a recent state Supreme Court decision.

In Fullerton, which had banned fortunetellers, City Council members last Tuesday passed an urgency ordinance recognizing the court’s ruling and giving the council time to decide where to allow fortunetelling in the city.

The same night in Brea, council members passed their own urgency ordinance striking down a ban on fortunetelling and allowing the practice, effective immediately, downtown and in commercial areas.

In Cypress, Costa Mesa, Laguna Beach, Los Alamitos, Placentia and Yorba Linda, officials said last week that they are planning to do away with their bans on fortunetelling. Most said they had had at least one inquiry from fortunetellers interested in setting up shop.

The Supreme Court ruled Aug. 15 that an Azusa ordinance banning fortunetelling violated the state Constitution’s free-speech protections.

Although officials from all cities contacted said they plan to rewrite their ordinances, not everyone was happy about it.

“Cities have an inherent right to try to keep forms of businesses that are consciously fraudulent out of their communities,” Cypress Mayor John Kanel said.

In the Supreme Court decision, Justice Stanley Mosk, writing for the majority, conceded that “many persons practicing the ‘art’ of fortunetelling are engaging in fraudulent activity.” But, he said, “it is also true that some people believe that they possess the power to predict what has not yet come to pass.”

When “such people impart their beliefs to others,” he wrote, “they are not acting fraudulently. They are communicating opinions that, however dubious, are unquestionably protected by the Constitution.”

Fullerton City Manager Bill Winter said he hopes the ruling does not open the gates to a flurry of such businesses, but that “only time will tell.”

“People who represent fortunetellers say these things are self-regulating. They don’t tend to sprout on every corner like gasoline stations,” he said.

Still, Fullerton Mayor Allen Catlin said he wants fortunetelling establishments excluded from the city’s downtown district, where zoning ordinances also forbid businesses such as thrift shops. Fortunetelling and palm reading would not contribute to “the image we’re trying to portray downtown,” Catlin said.

In Cypress, it did not take long for word of the ruling to get around. Assistant City Manager Dave Barrett said he received “a call from someone who was interested in applying” a few hours after the high court ruling was announced.

Laguna Beach City Atty. Phil Kohn, who said he received inquiries from three fortunetellers last week, said he does not expect the court ruling against fortunetelling bans to affect his city or its tourism.

“I don’t think any tourist is going to come to Laguna Beach because there’s fortunetelling here, or once here, will go to a fortuneteller,” Kohn said. The tourists, he said, will instead opt for the city’s beaches and art festivals.

In Anaheim, where city officials in May repealed a 40-year-old ban on fortunetelling, three people have requested permits to open shops.

Two applications are pending in Los Alamitos, whose city attorney plans to recommend lifting the ban and restricting the fortunetellers to shopping center areas.

In addition to Anaheim, other cities that had repealed bans in anticipation of the Azusa ruling are Huntington Beach, Newport Beach and San Juan Capistrano.