Legal status of a Playhouse

By Oliver Lukacs
Staff Writer

In the next scene over what has become a three-year legal saga over a child’s playhouse in Santa Monica, lawyers for the city and the family that built the backyard structure delivered oral arguments before a state appeal court Wednesday.

The three-judge panel will rule on whether the case should be dismissed or go to trial. The lawsuit alleges that former Santa Monica Mayor Ken Genser improperly suggested to city staffers that the Levy family playhouse was out of compliance with city codes.

City officials contend the suit is without merit and violates a state law that shields those who speak out to government -- in this case an acquaintance of Genser complained to the former mayor about the playhouse -- and prohibits punishing people for exercising their First Amendment rights.

“We claim that he (Genser) crossed the line, the City says he did not cross the line,” said Chris Harding, the attorney representing the Levy family. “The case is kind of about where the lines is and what’s appropriate for council members.”

"They should throw out the entire lawsuit,” said Assistant City Attorney Joe Lawrence. “The position Harding is taking is kind of an extreme position… For three years the city has said ‘Look, you can keep the tree house,’ and they've been acting like the city has a bulldozer ready to tear it down."

David and Beth Levy filed their suit in September 2000 after city officials revoked their approval of a playhouse the couple built for their son. The reversal came after a neighbor complained to a business associate, then-mayor Genser, who forwarded the complaint with a suggestion that the structure was out of compliance because it is two stories.

Since The Lookout broke the story of the battle of wills over Jacob Levy's 12-and-a-half foot playhouse, city officials have repeatedly contended that the lawsuit is a political vendetta by Harding, whose dislike of Genser is no secret at City Hall.

Harding has countered in the past that the case illustrates a longstanding practice of city councilmembers of micro-managing city government and pressuring staffers.

The lawsuit seeks a clarification on the legal status of the playhouse (which the City is allowing to exist despite the fact that it is non-conforming), a determination that the Levys were denied due process when they protested the last-minute approval reversal and monetary compensation for damages, Harding said.

Once the verdict is issued, either side can appeal the decision to California Supreme court, Harding said.