Laguna Beach, CA: City Imposes Unconstitutional Restrictions on Street Performances

In 2021, the City of Laguna Beach, California, adopted a policy banning street performances on the Forest Avenue Promenade — a pedestrian mall in the city’s downtown — outside of a small “performance deck,” which is accessible only to performers who obtain a permit. In April 2023, a police officer enforced the policy against professional musician and street performer Mike Bolger while he was busking on the promenade. A city official later told Bolger the city schedules permitted performances on the performance deck three nights per week, and it was booked for at least the next 6 months.

On August 14, FIRE wrote the Laguna Beach City Council, explaining that the promenade policy’s broad restrictions on street performances violate the First Amendment. The city responded on August 18, noting that a new city attorney would review FIRE’s letter after coming on board on September 11. After receiving no further response, FIRE sent a follow-up letter to the city on October 10.