By Jonathan Friedman
Staff Writer
September 25, 2009 -- Those affected by the ordinance already foresaw its passage, but the City Council on Tuesday night let the general public know that fortune telling and other similar activities would no longer be restricted to the pier.
The council unanimously voted to expand fortune telling rights, which had been restricted to the pier, to the tourist friendly portions of Santa Monica Boulevard, Lincoln Boulevard and Ocean Front Walk.
The California Supreme Court ruled in 1985 that fortune telling is a constitutionally protected right because of free speech issues. This decision resulted from a suit filed by a fortune teller challenging the City of Azusa’s outright ban on the practice.
City Attorney Marsha Moutrie wrote in her report to the council that although Santa Monica’s restricting fortune telling to the pier was not equivalent to an outright ban, it still presented a legal risk for the City.
“Its practical effect may be the same because the pier is so small and because it is owned and controlled by the City,” Moutrie wrote. “The legal risk created by this situation may be addressed by specifying other areas in the City where fortune telling is authorized.”
No council members discussed the ordinance prior to the vote. Public comment was limited to one speaker who said he did not approve of fortune telling.
The council had passed an interim ordinance in 2000 to allow fortune telling on Ocean Front Walk, but it had expired.
The new law must be finalized by the council at the next meeting, then will go into effect 30 days later.
