Opinion: Public space and your rights

I am an advocate for the use of public space by the public. I’m also a performer who uses public space as my stage.

“That’s not public property the city owns it.”

“You can tell the city owns it because it’s called Eisenhower Park.”

These are just a couple of the ridiculous statements made to me by city officials. My response to these statements are simple. “OK, would you please give me the name and phone number of the person who owns the city so I can ask if I can use their park?”

The courts have been very clear on this. Even if the property is privately owned but is being used as a public gathering place where people can assemble to meet and exchange ideas it must be governed under the same rules as public space. Your right to access public property is strongest when the areas you wish to access has historically been open to the public for exercise of speech, public debate and assembly. These are known as public forums and include spaces such as sidewalks, parks and town squares. You have the same right of access to public property as the general public. This matter has been ruled on many times all the way to the Supreme Court. So many times, in fact, the court will no longer hear arguments on this subject.

The rulings are clear, you must leave space for traditional use which includes but not limited to street performers and public assembly. I will not be arguing this, Federal and Supreme courts have already done that. You can find numerous court rulings on public space at www.buskersasadvocate.com; there are too many to list here. Good place to start is Berger vs Seattle a 9th circuit Federal Court ruling in 2009. The 1st Amendment is the cornerstone of the constitution and should not be marginalized, have corners cut or brushed aside. The 14th Amendment allows the public the right to assemble and to be heard or to listen. Many local governments are increasingly infringing on this right. Public space is slowly disappearing with very little public discussion. Here are just a few examples here in Old Town:

1. The debacle known as the “Blue Shack.”

Result, space taken away from the Red Car Museum that the museum was entitled to by contract. A foundation was laid rather quickly and quietly. Then, after complaints, relocated approximately 20 feet away. Public space gone with very little public discussion. It’s still an eyesore.

2. Bluff Park at Eighth Street and Ocean Avenue:   A beautiful piece of art paying tribute to fallen community members from Salon Meritage. I’m sure I can speak for anyone in town when I say, “if you were here during this horrific tragedy you will never forget it.” An awesome display of love from the community.

Result:  Approx. 1/3 of Bluff Park taken.

3. Pier Forecourt: The Centennial Clock and tribute bricks. This was originally slated to be erected at Founders Square corner of Main Street and Electric Avenue. As far as I know there wasn’t any or very little public discussion about this re-location.

Result: Approx. 1/4 of prime public space gone. The clock is nice but you can’t sit on it and watch the sunset. Three park benches removed and never returned. Bicycle racks relocated to other side of the pier in front of Community Safety Building, ya know the place, where the Police Volunteers park the cars. Very safe. There are so many issues with this one space. Don’t be complacent, demand compliance.The biggest affront we have in regards to blatant abuse of public space and freedom of expression is the use for events.

There are numerous events in which both sides of Eisenhower park and the pier forecourt are utilized leaving zero space for the public members who wish not to attend the event but would still like to enjoy the pier and its surroundings. The Arts & Crafts Faire is a perfect example. Eisenhower Park from Eighth Street-10th Street and the pier forecourt are utilized. The Supreme Court has been crystal clear, you must leave an area for traditional use which includes, but not limited to, street performers and the public right to assemble. Vendors cannot block park benches and deny the public’s right to access. The performers must be given a legal space to express themselves.  The city and event producers are aware of this, yet they refuse to comply and are in direct violation of Federal and Supreme Court rulings. Refusal to comply is direct affront of your constitutional rights.

When city governments and local interest groups start acting like they are more important than the community and the residents they serve, or a lot of this stems from a small group of people who sit on numerous boards and run every event. When they become entitled and self-serving with total disregard to the rights of each and every individual it is time for change in leadership.

Seal Beach, it is time! Know and exercise your rights or lose them. Speak up, Seal Beach!