sybil and the new york times

on the heels of my 2 second appearance (at 1:19) on friday on tv (cbs2/kcal9) extolling the nickel diner's bacon donut, i found myself today on the pages of the new york times.

to be exact, there was a picture of people stretching/jogging and some photographer shot a picture of me bending/stretching. no one can see my face but i know my pony tail and my outfit (second from left).

this is no admission of guilt. the law says no one can stretch on the median, i.e. the grassy strip. i was on the street. with no grassy strip in sight. so there.

that being said, here are my two cents:

my understanding is that the santa monica ordinance prohibits any activity on grassy strips in santa monica except for walking and jogging. that means that those doing ab exercises or stretching exercises on the grassy strip are violating the law.

is this ordinance constitutional given that the grassy strip is on public property?

well, methinks that the city can regulate the use of public property based on time, place and manner (TPM). so, for example, i would think that if the ban is enforced at noon or 1 pm when no one in the neighborhood is reasonably expected to be asleep and not be bothered by the exercisers, the ban is probably too restrictive. the idea is that while people have a first amendment right to associate whenever and wherever, the government can still restrict that right based on TPM regulations.

but hey, what do i know?

oh right, i guess i have 14 minutes and 50 seconds of fame left...