David Millette selling his self-made handicraft at the Wall in Ocean Beach. Screen shot from 10News.
A letter from Mayor Bob Filner allowing a man on disability to sell “home-made” hemp necklaces in Ocean Beach without a permit has rankled OB’s Mainstreet Association.
Earlier this Spring, David Millette, a resident of Chula Vista, began selling his self-made / home-make hemp necklaces, watch bands and other jewelry items on the Wall at the foot of Newport Avenue. After about a week, he was told by San Diego police that his sales were illegal and chased him away.
Millette did some research into the San Diego municipal and state laws, and found that the municipal code prevents the sale of merchandise in public parks and beaches, with an exception being if the sales are protected by the First Amendment.
He also found a ruling by a District Court in 2010 that found the City of Los Angeles’ ordinance which regulated performers and vendors in the Venice Beach area of the city violated the First Amendment. The ruling stated that the sale of handmade art by vendors was essentially an exercise of free speech, drawing a distinction between people who perform or sell something that makes a statement from those who simply sell items to make a profit.
Millette feels that his handcrafted jewelry is a work of art as he makes it all himself. Therefore, he argues, it’s protected by the First Amendment. He told VOSD:
“Art is First Amendment speech. Just because you sell your art, that doesn’t diminish your First Amendment rights.”
Millette also noticed that within the ordinance was a provision that allowed sales at the beach with a document or letter from the mayor. So, on April 4th at Mayor Filner’s regular public “meet-and-greet” at City Hall, Millette approached Filner with his legal arguments and requested a letter from him.
Filner told the 10News:
“I thought he made a great case for it and he apparently just needed a letter from me.”
Mayor Bob Filner’s letter on behalf of David Millette.
So, the mayor penned a short letter allowing Millette to sell his work at the beach or other parks, on April 29th, and sent it off to the Director of Park and Recreation for the City, Stacey LoMedico.
Millette has taken his letter from Filner and had it laminated for protection. He says he has not been bothered by police even since he has had it.
However, the letter and what Filner did has not settled well with local OB merchants. The Voice of San Diego notes that the OB Mainstreet Association head, Denny Knox, is unhappy with the letter and hopes the Mayor changes his mind. She feels that the letter allows people like Millette to not have to follow guidelines set up by her group and the police and park and rec to keep OB free of vendors without permits. The Association makes efforts to vet vendors to ensure they’re licensed, permitted and insured.
Knox told VOSD:
“There will be repercussions from this, believe me. This gives the idea that people can just do it, and they’ll just do it as long as they can before getting busted.”
“When you have people selling and there’s no relationship to the community, there’s nothing. It’s just a takeaway, and in the long run it really hurts the community.”
Meanwhile, Millette is selling his wares, and he wants to organize other vendors so they can set up at the foot of the Newport on Farmers Market days, plus he wants to rewrite the City’s ordinance.
{ 37 comments… read them below or add one }
Yea, way better for the community if people buy their useless vacation trinkets from Wings. Get real main street association.
What is the “jurisdiction” of the OBMA anyway? Does it extend past their storefronts onto the public sidewalks and parks? Onto the sand? Were they elected by anyone?
I’ve been in OB 25 years and this group of self appointed busy bodies has always mystified myself and those residents here I know. Look at the way they address the Mayor of San Diego in this article?? As if he is beneath them! Just wow.
Curious.
Seems much more innocent than the wares that were commonly peddled at The Wall when I was a teenager back in the ’90s…
The O.B.M.A. & the O.B.T.C. both have events selling arts and crafts on the grass area next to the Veterans Memorial WITHOUT permits , both the police & park & rec. look the other way, even with advance notice.
The leeches at the O.B.M.A. just want their commission, they think they own the parking lot & the boardwalk.
As long as the payments on the trailer are kept current police will protect the O.B.M.A. and it’s illegal activities, for only $ 600 a month !, what a deal.
The O.B.M.A does not have ANY jurisdiction, they just take what they can and hope to get away with it for as long as possible, like leeches.
No other beach community in San Diego County allows a private organization to completely shut down all access to public parking and beaches for 24 hours much less 48 hours like the leeches have been doing in our PUBLIC beach parking lot for way too long.
Looks like David Millette spent more time and effort looking for a way to circumvent agreements than it would have taken him to get a business license. Why would anyone want to force themselves on a town? Why not be legal? While the OBMA and the OBTC might not have everyone’s 100% approval for the work they do; they are two groups that consistently work long range to increase commerce, fun activities, and community in OB. This situation prejudicial and sets up a free for all for art merchants down by the sea wall. I would rather look at the disadvantaged as capable of success not feel sorry for them for their disability. This whole situation is disempowering and trouble making. mayor Filner should know better than to circumvent our agreements.
What does the O.B.M.A. or the O.B.T.C. do to improve the quality of life in Ocean Beach ? nothing ! just the opposite, they represent local business, they don’t care about the residents.
Who represents the RESIDENTS of the village ?
What does the O.B.M.A. or the O.B.T.C. do to improve the quality of life in Ocean Beach ? Answer: They bring commerce and opportunity. It is up to the residents to take advantage of their opportunities.
Who represents the RESIDENTS of the village ? Answer: I represent myself; so the answer is OB residents represent themselves. I know I do. No one can speak for me but me. Vroom-vroom. :)
Commerce and opportunity is earned by the hard work of local merchants, good food or good service earns a good reputation and return customers.
I support local merchants as much as possible.
If the O.B.M.A. closed up tomorrow, local business would be just fine.
We all speak for ourselves, however, the O.B.M.A. & the O.B.T.C. represent local business , both require membership, both are run by local business owners.
As residents we need a colabortive voice that prtotects the interests of residents and property owners.
Click-click ; )
We would all be just fine if the world ended tomorrow. We have two choices; give -up or try. Clearly the OBMA & the OBTC do something that benefits the community or the community would not be part of their membership. Every week we can thank the OBTC for organizing our Farmer’s Market. Folks flock to town for the events these two organizations produce. Even though they have their fans and foes they do their best in their niche and at least they are trying to make a difference.
Back to the original issue of this article; we do not need a free for all of hand made craft venders flocking to our streets. Our agreements are good for us and benefit us when we keep them. Our word is everything. Life works beautifully when we make and keep agreements.
Back to your knowing that we the people need representation; I agree. The OBMA and the OBTC serve their mission. We can not expect them to be everything for everyone. We need to share the responsibility for the well being of our community. We sorely need resident and property owner representation. I have been around B for 15 years. My partner has been around OB for 30 years. Personally I have never in my life seen such an apathetic group of people. It pains me to hear my drunk neighbors drink themselves to sleep night after night after night. Not a night goes by that herd of grazers descends on our communities spaces and drinks and drugs themselves to sleep. They won’t work. They cram themselves into small cottages and sublet to travels. We have a constant stream of strangers that don’t care about our town they are just looking for a place to dink and drug their issues away. Those issues are not going anywhere they are getting worse. We can’t walk down the street without smelling human urine and feces. While we are sleeping creeps come out and steal anything that isn’t nailed down. Who lives like that? Why do we live like that?
OB is very clicky. They don’t want any new ideas or new ways of doing anything. They don’t seem to care that we have the Homeless Highway stretching from Dog Beach to mission valley. We have thousands of people living in the flood control channel and it has gone on for years. No one does anything. It is never on the news. San Diego apparently likes to hide their nasty news. On Saturday there was some dude laying in the middle of the bike path urinating all over himself refusing to move. Who lets that stuff go on in their community? We better hide our news because we are an embarrassment to ourselves and our community.
A year ago there was the Respect OB one-off. I thought that might make a difference but nothing was ever seen or heard of those folks after their big night. Who is committed to the well being of OB? I see a lot of looking the other way. I see a lot of nasty attitudes towards anyone that wants to raise standards. You get something going. You get the word out. I will come help. I care. But I can not care all alone.
I would like to have more than food, booze, drugs in my community. Where is our playhouse? Where is our art center? Where is our garden club? Where is our afterschool drop-in center for youth? Where is anything that feels healthy and wholesome?
There is certainly truth and though in these posts. Yet, I don’t really see the problem with a guy selling handmade stuff in OB. Who cares? The problems that you are talking about aren’t caused by him.
Yet, the flipside (at least for me) in respect to the “undesirable” elements of Ocean Beach is also what attracts me and inspires me. Whether is it the young transient, the “homeless highway” people as you put it (good one by the way), the bracelet vendor that finds a loophole for something so innocuous, the drunk, the mentally ill, and more…. they are all a part of our imperfect community in OB.
This is called tolerance (though I’m in no way condoning criminal behavior). You do not find this kind of tolerance in La Jolla or Encinitas.
It sounds to me that you are frustrated by many of the issues (theft, public safety, cleanliness of the neighborhood, etc) that other OB residents, including me, are as well. You aren’t alone and your ideas for more culture and a healthy wholesome environment are great. I’d be interested in helping out with a music center.
I’ve started a Facebook group called Ocean Beach Betterment (https://www.facebook.com/groups/oceanbeachbetterment/) where we can exchange ideas and organize. Please join up and we can start to make a difference.
Thanks a lot John O. I am glad that there are some folks speaking up in an impassioned and sincere way. I like that there are some folks out there that want more for themselves and their community. We are the sum of our words and it might be quite helpful to get the words we want to be, in our daily living.
I would never want to teach the guy selling beads to break agreements. SD doesn’t have a business license per say they have a tax certificate. I feel that having that tax certificate which costs $52.
http://www.sandiego.gov/treasurer/taxesfees/btax/btaxhow.shtml
San Diego has business opportunities through SCORE. They will help anyone that asks. It is easy to look into any face and say sure just do whatever you want. As an artist I guess this means I can make as much of my art as I want and sell it on a blanket in my front yard and I don’t have to worry about that $52. Someone could put together a street vendor co-op. Might as well just go downtown for the $52 and some services. He could be the next Razzler-Dazzler gazillionaire. We each have to carry our own weight or society falls apart. He is just one of millions. Seems weird he could get an audience with Filner but he couldn’t go over to third street and spend $52. Life works when we keep our agreements.
We each have our own life. As an artist, I very much enjoy the vast variety we have on our super cool planet. We are beautiful. I can be cordial to anyone. I like people. I am not cool with crime. I owe it to myself to be honorable. I think everyone does. When I see pictures of the poor on the streets of other countries, they are not devoured with substance abuse. They look great and all their cool wares look beautiful on their blanket; and they are handmade. As a former prevention specialist it pains me to see folks devoured with substance abuse living in our flood control channel. It used to be The Black Forrest before it was the Homeless Highway. They built that nice concrete path for the folks. Poor souls. I wish I could say a prayer big enough to make everything alright for everyone. I can’t. Maybe if we each just try our best. Maybe we could help each other try our best. I think culture is the answer. A place where there is culture and people are welcome. They have to mind their manners, but they are welcome. No substances. Be able to be with our own mind. If we had an arts drop in center with a store attached we could do arts and music and self-care. It would be nice to sit there listening to the musicians practice while making art. It would be cool for any person to sell their art in the store. It would be spiritually nourishing to have groups and talk about caring about oneself and learning ways to care and explore oneself. Learning to be responsible for one’s self. Being welcome where we’re at and moving forward as individuals coming together.
It would be cool to make a creative place that transformed our community. Thanks for setting things up for us. I will dream big for us. Oh, and we need a tax certificate.
replying to your second comment. a tax license restricts you to one spot,,, when you get the license they make you give an address where you are working… this is where it gets tricky, because you have to have a license for every spot that you work in the city. but… the first amendment says that a artist and performer is protected by free speech.. so who do we listen to, the federal government or the local government on this issue? the federal government has said many times that the artist is in the right to work on the street and sell his/her art.. here is the wiki on busking laws http://en.wikipedia.org/wiki/Busking_(U.S._case_law)
So you are suggesting get a business license, and work the one spot they tell you to work, or go rent a store front spending more money, that we don’t have to do what you think is right, rather than what is written as being write by a council of people who all agreed what free speech ment. You are making this into something its not, about the homeless, and the transients, which really, they have rights too. yes they all flock to san diego to live in san deigo.. because its comfortable here, you can sleep outside almost all year round.. so he homeless come from everywhere that is freaking cold to take advantage of our city.; No one is really doing anything to help them.. they are on their last leg, in a desperate situation, so they flock from where ever they are at to come here… Because at least they can help themselves and live somewhat comfortably considering their situations. Most of these people, have problems, and probably wont ever make it off the street unless someone helps them and even then its unlikely. The people who want off the street will find a way off it… But they are few and far between, I can understand why, everyone wants you to go out and work your ass off to give it all to some government official who is taking that money and building bombs, then they kill little children in other countries With said bombs… Thats a heavy load to think about.. Your tax dollars, whether you pay an income tax or a sales tax some of that money goes to building bombs, and those bombs sometimes fall on children.. you helped pay for that… Now I realize that its not relevant to the article or to busking in general, but neither is all the points you have been making… You talk about what matters to the people of ocean beach… When really it has nothing to do with the beach at ll, it has to do with a man fighting for his right to survive, Now he has the written permission to do so, not just at ocean beach, but at any city park or beach… But really, by the constitution he was already protected anywhere free speech is allowed… We can go way out to left field and talk about the rover on mars, but thats not what this article is about,, its about free speech, and having to get special permission to continue with a 1st amendment protected activity. All that is needed is to actually educate the community what is and what is not protected, then enforce the law on those who are not protected.. Example if I show up with a box of china, that i bought from china, and sell it on the streets I am not protected, but if i show up with a box of china, paint a design on each piece, and sell that on the streets then it is protected… simple rules to follow.
Smuffy, actually you should read the article,,, David among other artists are just asking for what is right.. Look up us busking laws… Also look up art and free speech.. 1st amendment protection.. David like many other artists in san diego get harassed by police for doing something that the constitution protects them… Yet the police still harass people like this… You say get a business license.. Well I myself and artist in san diego, had all the licenses, and it still didn’t matter. Police still harassed me and ran me out of the areas I worked. I have had the business license the sales permits, it did not matter to those who where in charge.. But you also have to take into account, that street artist are extremely poor people, most of us, make less than the average person. we work long hard hours to entertain the public basically for free, and we live off tips… Meanwhile rich people like the OBMA for example. want us to, follow their rules and give them a percentage of what keeps us going.. In ocean side, they ask the street performers to give a ten percent tilth at the end of the farmers market.. its not a forced thing, and its for clean up.. They don’t make you get a license, or anything else.. OBMA charges 40 dollars for performers if they ask for permission to be there.. Unless you step up and explain to them that by charging a performer someone who works on tips 40 dollars, you are violating their rights, because they have a right to be on the street
in a public place, doing their performance without being charged… again look up us busking laws.. also look up the word busker. Associations like this mesing with a street performer, or an artist will only find themselves in lengthy court battles if these kinds of rights violations keep occurring. All it would take is the ACLU getting wind of something like this, and next thing you know OMBA or any other organization that harrases street performers. Also by sending cops to harass first amendment protected individuals, time, money and manpower is being wasted. It shows a general lack of concern for the public, because the police are violating someone’s rights rather than protecting and serving the people. Not to mention all the time and money spent in court just for said individuals to have their cases dismissed. The city, should just take the time to educate the officers and business associations about first amendment protected activities and how to tell the difference between an artist/ performer or busker, verses o someone who is buying and selling goods on the street… For example. a guy who makes balloon animals is a busker , while a guy selling brand name rolex watches is a vendor. Its usually fairly obvious whats been made by hand verses whats been made in a factory.
Hi there William.
I will read the article again for you William. I will also hold an investigation and see what do I as an artist need to do to be compliant when 1) Selling my art in my yard, 2) Selling my art in a park (city & state), and 3) Selling art on a city street; which will be different for each city, town, village, etc. I have personally heard officers notifying their piers that so and so with the blue shirt was approved to be selling on the PB board walk. So I know there is a way to sell and be compliant. Also, one time when I was riding my bike in Mission Bay Park I saw a man pushing his ice cream cart around. I asked the life guard if people can walk around selling things. He said yes if they have the right permit. I personally think complying with permits protects people from products that might hurt them. It puts some background and accountability into the agreement. I suggested the Art drop in center because I thought that making art would be a lot more fun to sit with all kinds of people from all walks of life and make art and sell it through the co-op store than for folks to be out on the street risking harassment or hauling their supplies around. A co-op could manage photo permits that on street vendors can show to validate their intentions. This sounds like a great opportunity for an activist like David to continue working with Mayor Filner to put together and artist vendor packet. Our work with the OBMA to create one. What do the artist alley artist do to comply when selling at farmers market and jazz fest? Artists are under appreciated and over utilized. Nearly every job I have ever had has been artist. I am owed a big tax return. I will be happy with an artist vendor packet. We have the very same rights that any of our local groups have to do business in our village. I want to make sure I am paying my fair share of taxes. My community needs those dollars. If I don’t be official, my village loses out.
For as old as buskering is I would think they would have managed a permitting process by now. OB has a lot of transient traffic. To start handing out letters to select individuals or instigating unauthorized street vendors is not in the best interest of OB. David is vending more than selling his art. Artists usually make one copy of something unless it is a multiple copy process. We have seen items like his in many tourist shops and mini-marts. It would probably be more economical and social to put together a vendor permit packet for artists than to enflame community groups. I think it makes life less hectic to commit to a community and live within the law of the community. It would be fun to have a Buskerville store. People can go in and get the full busker experience.
lets start at the end no no no to a buskerville store it just goes agianst what buskering is about
an i am not an art o mat machine i am giving out love with each unique item I make and thats your real reason for not liking my art is that you compare it to the chinese imported junk they sell at the mini marts and tourist shops my art is made in the USA with hemp and materials from the USA i only buy USA made products and i dont know any time that my art has hurt anyone do you And i tried to work with the OBMA but they said i had nothing they needed and they would prevail.
No smuffy I just followed the law as written BTW bussiness lisences are not required for artist .And i dont force myself on anybody unlike a drunk old lady I know.lets increase bussiness in OB by turning the boardwalk into an art haven it will bring more tourist into OB
Hi there Rocky, I’m investigating what I need to be legal to sell my art. There are a lot of artist doing tax return. Why would they do that if they didn’t have to comply with laws in order to sell? The boardwalk isn’t big enough to have art vendors. It is barely wide enough to walk by and stop here and there. We don’t need anymore tourists. We already have so many visitors we have no time or place to be a community.
the artist can set their tables up on the beach right beside the seawall or maybe its time to make the boardwalk a boardwalk an not a side walk also the pier has plenty of room
and i do have my sellers permit BTW
If you have your permit then talk to the police and ask what you need to have. Why force oneself on the seawall if a community doesn’t want it? Sure we can do anything we want to do, but do you want too do just anything?
How about we turn the Newport parking lot into a swap meet and not let anyone use the beach unless they buy from street vendors? Our pier is a fishing pier. Our boardwalk is not wide enough to facilitate and properly manage street vending. Our beach isn’t big enough to facilitate vending. Why not go over to Mission Beach? Why not talk to the folks at the permit department of the Police Department and find out what is required? Why not work graciously within a community rather than pushing to circumvent? Why not offer your products to the stores in OB? Why not spend $40 bucks for a booth at the street fair? Why not work with Filner to make an artist vendor pack? We have enough free-for-alling going on in OB. Why no desire for accountability or community respect?
the stores in OB buy there cheap crap from China an put a 1000% markup on them like i said before mine is made in the USA from USA materials our pier is a 1/4 of a mile long they only fish at the very end of it. an more people go out there for a stroll then to fish .you are just a sad old lady working for your precious OBMA an you dont want to lose any of your misconcieved power over the community.an it seems OBMA is the one doing the free for allling I check with your artist who pay 40 $ not one has a lisence an not one has insurance like you said Denny
Rocky you do not even know who I am. If I was Denny over at the OBMA I would not want to help you either. She is a member of our community. It is ugly for you to be abusive and dismissive of her. She matters, too.
She was rude to me on the phone She thinks she is Queen Of OB .She is obviously on a power trip
Good morning to you Rocky. I’m sorry anyone has ever been mean or rude to you. I’m the Queen in my life. Step aside. LOL! Seriously, it is never cool to be mean or rude to others. I am more inclined to think that people that are rude and poor communicators are not feeling too powerful. A powerful person responds appropriately and effectively to any and all situations. We can’t let others take our power just because they want to exclude us. Abe Lincoln didn’t give up. I know at least five people that have moved out of OB and San Diego because they felt that this area was cold and lacked a sense of community. No one needs the permission of other groups or clubs in OB to create something for themselves and their community. You just need to work with the city and police department. If you act and speak appropriately they will be very helpful. Based on Filner writing David a letter, Filner may be a friend to artists. Enlist him in creating opportunities for the way underserved art community. I have been making art all my life. I know people use us to get what they want and to make them look good and then toss us aside. They don’t realize that if you look around everything was created by an artist. Everything took someone creative to think it into existence.
you can have your community meetings at dog beach plenty of room there denny oh i mean smuffy
Rocky you want the OBMA to care about you and you want the community to let you have your way, but you do not seem to care about the community. Dog beach is no place for a community meeting. I don’t know how many times I have been there and heard people complain about the stench. I myself have held my breath many times over there while I ride away. It stinks. I am assuming that when you say the name Denny you are slamming the OBMA. They can’t be everything to everyone and they can’t like and be liked by everyone, but they care. They get up everyday and they make their life about caring for the business well being of OB. Join and help them care about our village. Otherwise Rocky you come across as not caring about our community anymore than fishing our pockets. Forcing oneself on a community or person creates animosity and separation. So what if the village doesn’t want vendors by the seawall. I would not want to go sell my art where it was not wanted. Perhaps you should do some market research and find spots that you can’t keep the buyers away from your stuff and you are legal. Koby swap meet is every week for three days. We have street fairs and farmers markets. After reading a few comments it seems like people don’t want to try and keep agreements they would rather complain and try to find a way around agreements. If they agreement isn’t working; update it, recommit. I like seeing respect in my community. I am not a supporter of lawlessness. I love to make and work fun plans.
you dont care about OB just the bussinesss people I am wanted in Ob by the residents. an i dont support lawlessness either I am following the rules as written an I tried to Join OBMA an they said I had to be a brick and mortar person to belong thet are the ones who cant adapt an live an let live
David got a ticket the other day. He went home called Western and complained , a SDPD Sergeant was dispatched to drive to Chula Vista to his home and get the ticket for disposal. You have to love that he fought the law AND HE WON !!!
Smuffy you miss the point of all of this… and you are making things out to be what they are not… is not like david is buying and reselling stuff, he makes his work,, if you make your art then by all means go out and sell it on the street,,, if you get harassed, know that they are violating your fist amendment rights… and they are not complying with an age old law… BTW one of the writers of that law, was a busker Learn about ben franklin
William, I will never agree with forcing oneself on people or communities. It creates division. When my own family wants me to be quiet because they can take no more of me I respect them and be quiet. We have forget more about the past than we remember. If I find things in my community I am interested in and I find cold shoulders there, I don’t go back. I don’t want to be where I am not welcome and there is not enjoyment. As I work to get myself properly permitted to sell art in my yard, I will be talking to the city and to the police. I will make myself known and I will make and abide by legal agreements before I sell my first amendment wares. Why would David want to try and force himself somewhere he was not welcome? Why would he engage Filner in the chaos? Filner didn’t do us any favors with his letter. Should all artists line up at his door for a letter now? Calling all artists flash mod at Filner’s office Tuesday morning at 9AM. We want our permission letter. I think only the OB Planning Board has any official capacity in OB. Work with them to get an artist vendor packet.
Its the first Saturday of the month At 8 am to get your letter smuffy an you keep saying I am forcing myself on the community when you are the only one doing that BTW there is no artist vendor packet.
Work with your community to create an artist vendor packet. Be our hero.
an artist vendor packet is not needed just change the unconstitutoinal laws
i play bucket drums around san diego and have one question…how do you sell drum beats of out a store? bucket drumming cd’s?? lessons?
not happening… i already feel like a nuisance to the communty….
stuffy is not helping the confidence that people need to actually put themselves out there..
not everything is as simple as it seems…OBMA seems to be like the mafia of ocean beach…
hey that fits!
ocean beach mafia association
I think Smuffy has a great idea in regards to working with the O.B. Planning board, perhaps we ( the community ) can designate an area where artist of all types can assemble.
I would suggest the unused area next to the boardwalk south of the pier.
Plenty of space for 10′ x 10′ booths with out blocking access to the boardwalk.
The pier and the tide pools attract tourist to the boardwalk .
Tourists would hear soft acoustic music as they visit the pier or walk down the steps , and see a variety arts & crafts along the boardwalk to the tide pools.
“Artist Cove ” ?
thats a great idea we need a sunset festival to