Free Speech? Santa Monica City Council Wants to Decide What is "Harmful" for You

UPDATE JUNE 24 2025: Emails provided us substantiate the claims made in the sign on the Promenade that Santa Monica City Manager David White co-wrote a Joint Statement regarding the needle program with the County Department of Public Health with the specific aim of addressing those who "want to dig in" and "take a step back in how this is framed."

June 23, 2024 - An item on the agenda for the next meeting of the Santa Monica City Council requests the creation of a resolution expressing the elected officials' disapproval of a sign that condemns them on the Third Street Promenade. The sign has been erected by the Santa Monica Coalition, a group of residents, property, and business owners who want public safety restored to the city.

Santa Methica is not safe sign on the Third Street Promenade

The requested resolution comes from Mayor Phil Brock, Vice-mayor Lana Negrete and former Mayor Gleam Davis. They claim that although they respect free-speech rights, "in some instances harm can come from expression that is false and/or counter to the public interest." The sign, that says "Santa Monica is not Safe" and adds "Our city manager supports the needle & meth pipe distribution program in our parks and public spaces." It is located on a block of the Promenade with multiple empty storefronts.

The request from Brock and the others claims that the sign falsely states "that the City Manager approves of the County's 'free needle and meth pipe' program, as 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."

It is unclear who is stating falsehoods, however. A statement posted on the city's public website last June that came from the city manager's office and bore the stamp of the City of Santa Monica apparently expressed approval and agreement with the county health department's harm reduction program. The statement made it clear that needle distribution was involved and would take place in three city parks. In a phone interview, Brock said had had no idea of the existence of the Joint Statement or its appearance on the website until sometime last summer. He called City Manager David White to take the statement down.

However, the Statement is still prominently featured on the website of the LA County Department of Public Health. It was revised in February of this year and, admittedly, no longer claims to be "joint." (http://publichealth.lacounty.gov/sapc/docs/public/overdose-prevention/DPH-Statement-on-Harm-Reduction-Services-in-Santa-Monica-City.pdf)

In the original Joint Statement, titled "Joint Statement from the Los Angeles County Department of Public Health and City of Santa Monica Regarding Harm Reduction Services," the alleged benefits to harm reduction are discussed, the specific activities of Venice Family Clinic in reaching out to the addicts in Reed Park, Tongva Park, and Palisades Park, and the approval of the city. The revised version also claims that discussions occurred with the city:

"This program has been discussed extensively with Santa Monica City officials and is informed by community feedback," and, "LA County transitioned the overdose prevention program and services from the parks themselves to the nearby vans following extensive discussions with the City," reads the original version.

It seems clear that some government official or elected body entered into some agreement with the health department that they should conduct harm reduction in Santa Monica's city parks. That 'harm reduction' has mostly consisted in the distribution of drug paraphernalia, including needles and meth pipes.

However, Brock claims that no one from the city, elected official or city manager, ever approved of the county's needle distribution program. He said he has no control over what the county chooses to put on their website. However, there is no city other than Santa Monica who has ever issued a Joint Statement with the county health department.

Brock claims the protest sign lowers leaseability on the Promenade. Rents and property values have lowered significantly on the Promenade, to a degree that could not be attributed to any one sign, no matter how off-putting. In any case, it is difficult to see how it could be appropriate for an elected body to call for the take down of free speech that specifically protests that elected body's and their appointed officials' actions.

LA County Department of Public Health

Link to a statement, originally the Joint Statement, regarding Santa Monica

Full text of the request for resolution:

Request of Mayor Brock, Vice Mayor Negrete, and Councilmember Davis that the City Council direct the City Attorney to prepare a resolution for Council consideration that recites that, while the City of Santa Monica is respectful of everyone's First Amendment rights to free speech, in some instances harm can come from expression that is false and/or counter to the public interest. The resolution should reflect the Council's disapproval of signs 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, as 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. Finally, the signs also may be counter-productive to the community's stated goal of economic recovery 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.

Full text of the request for resolution:

Request of Mayor Brock, Vice Mayor Negrete, and Councilmember Davis that the City Council direct the City Attorney to prepare a resolution for Council consideration that recites that, while the City of Santa Monica is respectful of everyone's First Amendment rights to free speech, in some instances harm can come from expression that is false and/or counter to the public interest. The resolution should reflect the Council's disapproval of signs 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, as 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. Finally, the signs also may be counter-productive to the community's stated goal of economic recovery 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.