Parks Law and the Homeless in Santa Monica

A federal court recently threw out Santa Monica’s ill-conceived park-use law. Judge Lourdes Baird, a conservative Republican, said Santa Monica’s frenzied attempt to sweep homeless people out of sight violated the First Amendment. I was not surprised. But the decision did cause me to think about the attorney hired by the city and about the one the city lost.

The decision also reminded me of the Grand Canyon and mules. Apparently, those who ride down into the Grand Canyon always use mules rather than horses. Mules are apparently smarter because they will not go where it is too dangerous to walk. It does not matter how many times you hit or kick the mule--it just will not walk in a dangerous place. Horses, on the other hand, though more satisfying to ride, can be persuaded to go just about anywhere--even where the footing is precarious.

Like the Grand Canyon, the politics of homelessness can be treacherous. Once the city of Santa Monica was blessed with a great lawyer named Bob Myers. He is widely praised as one of the foremost municipal law experts in the nation. And he was a little like a mule. When the City Council wanted to walk down a constitutionally perilous path, he refused. They threatened him with a big stick--job loss. He still refused. So the council used the stick. They fired Myers and hired a high-priced, high-stepping show horse of a lawyer from a private firm. They spent big money on their flashy mount. Then, in fine style and with great fanfare, they rode their high-priced steed right over a constitutional cliff.

Now, after the big crash, it is time to face facts. Hungry people exist in our community. We cannot constitutionally or ethically make them invisible. The societal degradation that allows for homeless and hungry citizens is bad enough. The City Council’s carelessness with the First Amendment just amplifies the tragedy.

The idea of driving homeless people out of parks in the name of an imaginary consensus was never a good one. As it turns out, it is not even good politics. The city fired a great lawyer. It authored an unconstitutional ordinance. It spent tens of thousands of dollars on attorney fees. And it has achieved nothing of value for its money. If the city had spent the lawyer’s money on lockers for homeless people, there would be less clutter in our parks. If it had spent that money on housing, there would be fewer homeless people in our parks.

We need to start over. But this time, let us not punish poverty. Let us not assail the efforts of charitable workers. Let us not waste resources in courtrooms defending vague political compromises. Let us not chastise courageous civil servants who warn us of constitutional dangers. Instead, let us provide lockers. Let us dispense food. Let us furnish housing. Let us encourage governments to be creative. Let us do whatever it takes to end homelessness.

MICHELE P. SARTELL

Santa Monica