ACLU Challenges Law on Santa Monica Park Use : Government: The ordinance was designed to ban several programs that feed the homeless. The city is already defending another suit.

The American Civil Liberties Union filed a federal lawsuit Thursday challenging a new Santa Monica law that in effect bans a number of programs that feed the homeless in parks.

The lawsuit is the latest action in a battle over the treatment of homeless people in Santa Monica.

The city is already defending an earlier lawsuit challenging another new law that prohibits living in the parks and public places.

Both laws were part of a master plan to balance the rights of the needy and the rights of the residents. Despite Santa Monica’s reputation for liberalism in government, many residents have become angry over the number of homeless people in parks and public places.

The struggle has been painful. City Atty. Robert M. Myers, a staunch defender of civil liberties, was fired in the fall after refusing to write and prosecute new laws that he deemed unconstitutional.

The ACLU suit attacks an ordinance enacted last month that requires permits for groups of 35 or more and limits any group to two permits a month. Although it does not mention food or the homeless, it would end a number of homeless feeding programs in the parks and is part of an effort to move such programs indoors. Three indoor programs feed several hundred people a day in Santa Monica.

The shift from the city’s trademark City Hall feeding program was a key recommendation of a citizens’ task force on homelessness that was adopted by the City Council more than a year ago. Social service providers say sit-down, indoor dining is more humane and more likely to help people in the long run by serving as a conduit to other programs.

But the ACLU lawsuit contends that the law violates 1st Amendment guarantees of the rights of free speech and assembly and 14th Amendment rights to due process.

“You can’t punish someone who engages in 1st Amendment activities,” ACLU attorney Carol A. Sobel said.

The lawsuit was filed on behalf of Venice activist Jerry Rubin, whose group, Alliance for Survival, holds events in Santa Monica parks. The other plaintiff is homeless organizer Leonard Ducette, who publishes a newsletter on the plight of the homeless.

“There are a lot of hungry people in Santa Monica who are not being fed,” Ducette said in a phone interview.

Sobel said she will be in court March 29 to seek an injunction prohibiting Santa Monica from going forward with the parks regulation. The law is set to go into effect March 10. City officials said the reservation system is not in place, so there will be a delay in any case.

City officials expressed confidence that their law will pass constitutional muster, and said that if necessary they will change it until it does.

“Certainly we should be cautious about constitutional rights,” City Councilman Ken Genser said. “But that doesn’t mean I feel it’s appropriate to back off on a policy regulating large groups that use the parks.”

Councilman Robert T. Holbrook called it unfortunate that a city renowned for compassion should be sued for trying to regain the use of the parks for all residents.

Holbrook’s comments were echoed by one of the hired attorneys involved in writing the law.

“I can’t believe the ACLU wastes its time suing the most progressive city in the United States,” said Christi Hogin.

City Councilman Paul Rosenstein called upon advocates for the homeless to join with the city to expand its services.

“There are lots of useful things to do besides fight with the city of Santa Monica about where the homeless will be fed,” he said.