Chief withdraws protest law

Jenny Marder

Huntington Beach Police Chief Kenneth Small has surrendered the fight

for an ordinance decried by many as unconstitutional in the wake of

harsh criticism from residents.

The ordinance, which passed a first reading Jan. 16, would have

prohibited certain materials such as metal poles, PVC pipes and hard

plastic from being used in demonstrations.

The proposal would have given officers the tools to respond to

violent situations at rallies, Small said. But shortly after dozens

spoke out in protest at a City Council meeting on Jan. 27, Small

decided to pull the item, claiming that “it wasn’t worth the effort

it was taking to get it enacted.”

“In a cost-benefit analysis, it was costing more than the

perceived benefit,” Small said.

Critics said that the ordinance was drafted to target the pickets

and accused the city of taking sides in the supermarket strike. They

called it an abuse of free speech rights designed to intimidate

activists. People carrying batons, flags and umbrellas at any

organized rally, including a parade, would have been breaking the

law.

Derek Bercher, a Huntington Beach resident and Westminster-based

criminal defense attorney, said he was shocked and pleasantly

surprised when he heard that Small had withdrawn the proposal.

“Someone obviously heard the concerns of that broad range of folks

that came up to speak and realized that they were barking up the

wrong tree,” Bercher said.

Similar ordinances have been passed in many surrounding cities,

including Los Angeles, Beverly Hills, Santa Ana, Santa Monica and

Fullerton. The first section, which outlines the length of lumber or

wood that can legally be used was modeled after an ordinance that

passed in Los Angeles.

“I think if we had tried to bring it forth at a time where they

was no strike or picketing, it would have been less controversial,”

Small said. “It wouldn’t have seemed like we were targeting the

supermarket workers.”

But the Police Department has no plans to bring it back at all.

Instead, police will find other ways to handle violence if it occurs,

Small said.

Bercher applauded Small for his choice.

“Everyone knew that they weren’t going to arrest masons walking

down the street carrying flags in the Fourth of July parade,” Bercher

said. “[Police] did the right thing.”

* JENNY MARDER covers City Hall. She can be reached at (714)

965-7173 or by e-mail at [email protected].