You might want to stock up on straws. And spoons. The Santa Monica City Council voted to ban them in most of Santa Monica. That’s not all. The Council got so slap-happy at the end of their lengthy meeting last week that they also decided to outlaw the city’s two hospitals and most of the pharmacies. "For kicks," said Mayor Phil Brock.
Was it truly the Council’s intention to criminalize the majority of the medical and commercial establishments in Santa Monica? Who knows? Maybe they thought they were entitled to political free throws after midnight. Or maybe they were too busy with election-year posturing to pay attention to minor details like the legal ramifications of their actions.
Their stated goal was to rid the city of the controversial needle exchange program, which some Councilmembers — and many residents — believe is responsible for bringing homeless addicts to Santa Monica. There's an obvious flaw with this argument, and that’s the fact that there were many unhoused people addicted to drugs in Santa Monica prior to the needle exchange, which is why it was initiated. But that’s not proof the program is working.
There are numerous studies that show "harm reduction" programs save lives and reduce disease for vulnerable members of society. However, the data doesn’t address how much harm is done to others in the process. There needs to be a balance between protecting unhoused people and protecting the rest of the city’s residents. The needle may have swung too far in one direction when taxpayers are afraid to go into Reed Park, and when there are increasing reports of children getting stabbed by used syringes. A truly honest discussion by all Councilmembers would be welcome.
Unfortunately, four of the Councilmembers prefer leading a vigilante pitchfork brigade against the LA County Department of Public Health, bringing back uncomfortable memories of attacks on officials like Dr. Anthony Fauci during COVID. Councilmember Oscar de la Torre was singled out for praise in this effort by John Alle, the co-founder of the Santa Monica Coalition, which is currently suing a nonprofit health clinic. The medical professionals who choose to work at such clinics often sacrifice financial security for old-fashioned notions of duty and integrity. That doesn’t mean that everything they do is right, but disparaging people who devote their lives to the welfare of others is a questionable tactic if you're seeking the moral high ground.
It was De la Torre who proposed the Council motion prohibiting the needle program, seemingly forgetting that the program is mandated by the state. Well, not exactly forgetting, because City Attorney Doug Sloan informed him and the entire Council that the motion violated state law. But the majority voted for it anyway.
Councilmembers Gleam Davis, Jesse Zwick and Caroline Torosis did not, and Davis said "It's incredibly inappropriate to vote for something we’ve just been told is absolutely illegal."
But only the part that attempts to override state statutes is illegal. De la Torre’s poorly conceived measure goes much further, forbidding the distribution of "any and all drugs, opioids, needles, syringes, glass pipes, straws, rolling paper, [and] miniature spoons" within 1000 feet of any school, church, senior housing, or youth center, which covers a great swath of the city. If the ordinance were to be enacted, both UCLA Medical Center and Providence St. John’s Health Center would run afoul of its overreaching proscriptions. And forget about getting your hands on nefarious baby spoons.
De la Torre isn’t a lawyer, so he can’t be expected to know how to craft perfect legal code. But he can be expected to have enough respect for the law — and the voters — to come up with something coherent, and that goes for all of the Change Slate Councilmembers who fully supported this reckless act.
The only saving grace is that it’s unlikely to ever become law. Though the City Attorney is sworn to produce civic ordinances based on the Council’s directives, the only action taken so far in this case is a memo reiterating the unlawfulness of the request. Left unsaid is its absurdity. Rather than take meaningful action on a serious issue, the Council voted for performance art to distract frustrated and gullible residents.
This isn’t about needles or spoons or even the tragedy of unhoused addicts on our streets. This is about elected officials actively choosing to disregard the law, or worse, determining that their interests trump it. Those who think the country needs more disruptive leaders who don't get hemmed in by pesky facts should applaud their actions. The rest of us should consider sending a message in November through a vote of our own. For kicks.
Devan Sipher
