In 1936, there were no video games keeping children inside. Most households didn’t have televisions.
Amid concern that kids playing in the streets would get hit by cars, Los Angeles made it a misdemeanor to play baseball, basketball, soccer or any other ball game on a street or sidewalk.
Nearly a century later, when kids spend half as much time outside as their parents did, City Councilmember Bob Blumenfield wants to cut the obscure law from the books.
Blumenfield, who authored a motion to start the process, called the law, along with its punishments of a $1,000 fine and up to six months in jail, “uncommonly silly.”
It’s illegal for a parent to play catch on the sidewalk with a child in front of their home, said Blumenfield, who represents the southwest San Fernando Valley. Nor can a group of children kick a soccer ball on a quiet residential street without violating the law.
The law also prohibits throwing a “stone, pellet, bullet, arrow or any other missile, in, over, across, along or upon any street or sidewalk or in any public park.” It prohibits playing ball games in public parks, except on designated courts or fields.
“Let kids play,” said Olsen Ebright, who is on the Los Feliz Neighborhood Council. “Why in God’s name would we be having the city try to curb playing soccer or throwing a football? “
The benefits of exercising on public land, when done safely and under supervision, outweigh the risks of injury or property damage, such as a baseball going through a neighbor’s window, Ebright said.
Blumenfield’s motion, introduced last August, was supported unanimously by the City Council in a January vote, for which only Blumenfield was absent, as well as by the Los Feliz Neighborhood Council. For it to move forward, the city attorney’s office needs to draft language codifying the change.
Blumenfield’s staff unearthed the 1936 law while researching public rights of way, said Kristine Cajulis, a communications deputy for the council member. Cajulis said she is unaware of anyone who has been penalized under the law.
One instance of enforcement occurred in 2006, when a former city council field deputy reported her Sherman Oaks neighbors for having basketball hoops near their curbs, according to the Los Angeles Daily News.
In addition to the anti-ball playing ordinance, the neighbors were accused of violating an ordinance prohibiting structures on sidewalks or grassy strips next to curbs.
Nate Brogin had set up a basketball hoop that drew neighborhood kids for pickup games and helped his then-18-year-old son lose 30 pounds.
Brogin, who said at the time that the law was akin to fascism, fought the city, unsuccessfully. He said he never paid his fine — he doesn’t remember how much it was — but he eventually pulled the hoop down.
“That’s a long time to let something so backwards go on,” Brogin, now 77, said of the law.
In newspaper stories from the 1930s, local officials warned parents to keep their children from playing in the streets to avoid being struck by cars.
Children should be allowed play in vacant yards or empty spaces but should not be permitted “to risk injury by playing their games in the path of moving vehicles,” said George Hjelte, then-superintendent of Los Angeles playgrounds, in a Feb. 3, 1936 Daily Breeze article.
In today’s L.A., the road safety groups Streets For All and Streets Are For Everyone see Blumenfield’s proposal as a positive step. Safety starts with drivers paying attention to people in the streets, whether biking, walking or playing, they said.
Some drivers in Los Angeles believe the road belongs to them, said Michael Schneider, founder and chief executive of Streets For All.
“Changing that takes a lot more than repealing a law,” he said.
Kids still play in the streets in Brogin’s Sherman Oaks neighborhood. He said that fewer than 10 cars pass through in a typical hour, and drivers stop for children to pause their games and move out of the way — just as he did when he was a boy.
“It’s a great social exercise,” Brogin said. “I don’t see any negative to it.”
