CITY SINGS NEW TUNE; VENICE PERFORMER WINS CAMPAIGN TO SELL TAPES.

Byline: Patrick McGreevy Daily News Staff Writer

Harry Perry - the turbaned, roller-skating street performer of Venice boardwalk - beat City Hall out of more than spare change Tuesday.

Perry sued the city after he was cited for illegally selling tapes and CDs of his spiritual songs after boardwalk performances and recently won an appeals court ruling that the city's 7-year-old street vending ordinance violated his First Amendment rights to free speech.

On Tuesday, the City Council called off its legal dogs and bowed to the street performer who is recognized worldwide through films, rock videos and city tourism brochures as one of the colorful characters of Los Angeles.

Instead of appealing to the U.S. Supreme Court, the council directed City Attorney James Hahn to draft an ordinance that would allow artists and entertainers to make their work available to the public if they only ask for donations.

Perry took the decision over his 1995 citation in stride.

``Of course, I felt it was a violation of everyone's rights,'' he said. ``That's why we filed a lawsuit.''

Perry said he and his attorney would have to study the impact of the council action, which appears to allow entertainers to seek donations.

A devotee of the Sikh sect of the Hindu religion, Perry records tapes carrying songs with titles such as ``Practice Yoga'' and ``I Wonder What A Man Might Do On Mars,'' and go for up to $10 apiece.

Perry said his goal is to use some of the proceeds from tape sales to build a religious temple at Venice Beach.

Perry's image has become synonymous with the beachfront area known for attracting eccentrics and bodybuilders. He has appeared in films and on television doing his performances and the city has used a photograph of him in a brochure it sends out to potential tourists from all over the world.

``They thought enough of me as a tourist attraction to print my face in a brochure,'' he said.

Councilwoman Ruth Galanter, whose district includes Ocean Front Walk in Venice, said her proposal is meant to clarify the vending ordinance so that the city still can crack down on for-profit businesses that are selling wares without city permits.

``Everybody is trying to figure out where the line is between illegally running a business and protected free speech,'' Galanter said. ``This ruling moved the line over.''

At issue was a 1991 city ordinance aimed at prohibiting unlicensed street vendors from competing unfairly with licensed merchants.

The ordinance allowed ``solicitation of donations by nonprofit organizations; or the sale of merchandise by nonprofit organizations whose merchandise constituted, carried or made a religious, political, philosophical or ideological statement.''

However, Galanter said the court decision said the city could not constitutionally ban solicitation by unregistered charitable groups or individuals like Perry and co-plaintiff Robert ``Jingles'' Newman.

Newman operates a ``Meat is Murder'' booth where he sells bumper stickers and T-shirts promoting his vegetarian philosophy.

After the court ruling, unlicensed commercial vendors have sprung up all over the west side of Ocean Front Walk, ``crowding street performers and threatening the cherished ambience of the area,'' Galanter said.

Assistant City Attorney Byron Boeckman said Galanter's proposal will bring the city ordinance into compliance with the court ruling and attempt to distinguish between ``commercial'' ventures and those set up for charitable or artistic purposes.

Galanter acknowledges that Perry is a special case.

``He is part of what draws people to Venice,'' she said.

She hopes the council can adopt the new ordinance before the weather turns warmer and draws hordes of tourists and vendors to the boardwalk.

``I want to make sure that by the time we get to summer at Venice Beach that everybody knows what the rules are,'' she said.

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PHOTO (color) Venice Beach mainstay Harry Perry has gained the council's OK to peddle his musical wares for a nonprofit project.

Myung J. Chun/Daily News