R116081
City Council Meeting: July 23, 2024 Santa Monica, California
RESOLUTION NUMBER 11608 (CCS)
(City Council Series)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA
DISAPPROVING OF SIGNS PLACED ON THE THIRD STREET PROMENADE THAT
STATE THE CITY MANAGER APPROVES THE COUNTY’S “FREE NEEDLE AND
METH PIPE PROGRAM
WHEREAS, the City of Santa Monica and the City Council are respectful of
everyone’s First Amendment rights to free speech; and
WHEREAS, the City Council also has a First Amendment right to express views
on matters of public interest under the “Government Speech” doctrine; and
WHEREAS, in some instances harm can come from expression that is false and/or
counter to the public interest, and therefore the City Council may feel compelled to
express its disapproval of harmful and/or counterproductive speech; and
WHEREAS, temporary banner signs have been placed upon a building along the
3rd Street Promenade that falsely state that the City Manager approves of the County’s
“free needle and meth pipe” program; and
WHEREAS, in fact the program is implemented by a contractor of Los Angeles
County pursuant to state law, and the City Council and City Manager play no role in
authorizing the program; further, to the extent that there is City policy on the program, the
City Council is the source of any such City policy on the subject, not the City Manager;
and
WHEREAS, the City Council has taken numerous actions to attract and retain
businesses and support the City’s economic recovery and revitalization of the Third Street
Promenade including, but not limited to: (1) reducing the cost of outdoor dining, (2)
expanding allowable uses, (3) adopting changes in zoning to encourage a more active
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nightlife and entertainment presence, and (4) authorizing a variety of administrative
changes that streamline the permit process and provide commercial uses greater
flexibility in the downtown area; and
WHEREAS, at a time when the City is still recovering from the pandemic and the
resulting economic losses to both City government and local businesses, the signs are
harmful and may result in further economic harm to the City and especially to those
businesses located on the 3rd Street Promenade; representatives of many of the
businesses have publicly expressed their views that the signs are harmful, as well.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA
DOES RESOLVE AS FOLLOWS:
SECTION 1. The City of Santa Monica City Council hereby expresses its
disapproval of the banner signs placed on the 3rd Street Promenade that falsely state
that the City Manager approves of the County’s “free needle and meth pipe” program,
and therefore the Council urges that the signs be removed, as they are counter to the
public interest and the City’s stated goal of economic well being as they may deter people
from visiting and shopping in Santa Monica at a time when the City’s retail, travel, and
entertainment businesses are still recovering from the pandemic.
SECTION 2. This Resolution shall be posted on the City’s website for so long as
the referenced signs remain.
SECTION 3.The City Clerk shall certify to the adoption of this Resolution, and
thenceforth and thereafter the same shall be in full force and effect.
APPROVED AS TO FORM:
_________________________
Doug Sloan, City Attorney
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Adopted and approved this 23rd day of July, 2024.
__________________________
Phil Brock, Mayor
I, Nikima S. Newsome, City Clerk of the City of Santa Monica, do hereby certify
that Resolution No. 11608 (CCS) was duly adopted at a meeting of the Santa Monica
City Council held on the 23rd day of July, 2024, by the following vote:
AYES: Councilmembers Torosis, Davis, Parra, Zwick,
Mayor Pro Tem Negrete, Mayor Brock
NOES: None
ABSENT: Councilmember de la Torre
ATTEST:
_____________________________________
Nikima S. Newsome, City Clerk
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