A staple of the Santa Barbara waterfront, sand sculptor Scott Dosch, also known as “the sandman,” is leaving town after being fined $120 for using the dolphin fountain to assist in the creation of his work. The ticket, originally for $550, was decreased due to Dosch’s physical handicap, which reputedly leaves him unable to access ocean water. Dosch was cited under a statute that includes damaging or, in his case, “interfering with” government property.
According to Harbor Patrol Supervisor Steve McCullough, Dosch’s use of the fountain leaves sand in the pumps, which not only takes the wharf maintenance staff time to clean out, but also has the potential to damage the fountain pumps. Dosch refutes the claim that his use of the fountain causes any damage, stating that he uses his tip collection bucket, which contains no sand.
Dosch describes his sand statues as “realistic interpretational pieces, with the occasional social piece.” He has been building them at the base of Stearns Wharf three to five times a week for the past 15 years, he said.
Dosch questioned the timing of the ticket. “If it’s against the law, why didn’t they say something back in 1992?” he asked. McCullough stated that he does not know whether or not Dosch has been using the fountain for 15 years, but the issue was only recently brought to his attention. Dosch said that he felt the citation was unmerited, saying, “Everyone uses it, but I’m the one that gets targeted.”
According to McCullough, wharf maintenance staff spends an average of 45 minutes a day cleaning sand from the fountain pumps. Dosch was asked to stop using the fountain but refused to do so, allegedly challenging the officer to cite him. Following this, Dosch was issued a ticket by the Harbor Patrol. According to Dosch, he was originally issued the citation in early September, and pled not guilty at an arraignment in November.
Dosch went to trial on December 20, 2010, initially confident that he would be found not guilty, he said. He claimed that he was only found guilty due to testimony by a Harbor Patrol officer who stated that there was sand on the bucket that was dipped into the fountain. Dosch said he plans on leaving town in hopes of finding a new community where his art will be well received.
“I don’t want to go up against the city,” said Dosch, “If they don’t want me here, which they have expressed, then I don’t want to be here.” Currently in his third year attending Santa Barbara City College, where he is studying studio art, Dosch said he intends to bid farewell to Santa Barbara once his class schedule is sorted out. Without access to the fountain’s water, he said, he would be unable to create his statues. He added that he would like to sculpt “without hindrance to the right of [his] expression of public art.”
Although his next destination remains unknown, Dosch remains optimistic, voicing that he has always gotten positive feedback throughout his years as a nomadic street artist. He simply wants the community to know that the sandman is leaving.



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Unfortunately, there has always been some 'Barney Fife' types with the Harbor Patrol. They seem write tickets just because they can with no common sense. They also have a list of people they don't like and tend to spend their time harassing them. How about filling out 100 incident reports on a cat in a year? Or spending the night trying to find someone sleeping in a car in the paid parking lot...Or even sleeping too many nights on their own boat. It's just another day with the SBHP.
I have a small claims judgement that says 'I won because the SBHP was harassing me' ... So I understand what's up ...
tireater (anonymous profile)
January 14, 2011 at 4:06 a.m. (Suggest removal)
Score one for the good guys!
People - this is the kind of enforcement and reaction that we are looking for. Don't blame the SBHP - they are here for a reason.
Use of public property - non taxed. Use of public resources(water fountain) - no fee paid. Collecting tips (no taxes paid)
NON SUSTAINABLE MODEL
Goodbye Sandman... pass the word to your friends and let them know what Greyhound # you're leaving on.
We need to stand up to these vagrants.... shielding him under "handicapped" or other monikers doesn't work for the educated masses here that are working to turn this city around. Gone are the days of your past... the new reality is here. Be a part of it - make a difference.
BeachLivin (anonymous profile)
January 14, 2011 at 6:30 a.m. (Suggest removal)
Wow BeachLivin, that's pretty messed up!
I think that this is incredibly sad... so many people enjoy what he does and he isn't hurting anyone. How much water does he actually need? Maybe someone could get him a bucket of ocean water when he is down there. I am totally blown away that he was fined and that nobody offered a solution, nobody cares to help but they enjoy seeing what he makes. I am ashamed of Santa Barbara right now...
santabarbarasand (anonymous profile)
January 14, 2011 at 6:43 a.m. (Suggest removal)
Yeah I understand that there may be a bit of a problem here but in the context of the seriousness and timing it is obvious that this is part of the SBPD On Patrol "This Is My Town" public relations campaign.
DonMcDermott (anonymous profile)
January 14, 2011 at 7:05 a.m. (Suggest removal)
I've seen this guy and his work.... some darn good work, BUT he's an aggressive panhandler. While he is pleasant to people who ask questions or compliments his work, if someone looks and doesn't leave a tip, he makes remarks ie... I'm glad you enjoyed my art but I do this for tips, I'm glad I could bring a little joy to your life, can't you bring some to mine? I can't work and this is my only income...... These remarks are said in a rude manner. I've heard these remarks from standing by the newspaper boxes which is probably about 30 feet away. Aggressive panhandling! No different that those on State Str.
retprotector (anonymous profile)
January 14, 2011 at 9:13 a.m. (Suggest removal)
Retro is spot on, this Sandman character expects you to walk past him with a blindfold on if you aren't going to tip! Sure he is "colorful" and artistic, but he's also flat-out rude if you don't have your wallet out. Wow, big threat - "I'm moving away." Adios.
Scooter (anonymous profile)
January 14, 2011 at 9:20 a.m. (Suggest removal)
Isn't there a bathroom with a sink right next to the dolphin fountain?
rhw (anonymous profile)
January 14, 2011 at 9:47 a.m. (Suggest removal)
Obviously this is a deeper story than minor sand into the fountain from his secondary bucket, but that is the legal hook just like a cop stopping a driver as an excuse for a search after failure to use a turning signal.
And good luck with moving away, as I am not so sure that any other coastal community will be as tolerant of the rude comments to beach visitors who choose not to throw money at this guy.
David_Pritchett (David Pritchett)
January 14, 2011 at 9:50 a.m. (Suggest removal)
He's panhandling - call it what it is
See ya later... don't forget to tell your friends when you leave the state.
I don't want to see your fee based on art on my public beaches.
BeachLivin (anonymous profile)
January 14, 2011 at 10:27 a.m. (Suggest removal)
While this guy was sometimes pleasant, sometimes hostile, the sand-in-the-fountain excuse is lame. Maybe it's more a way to nudge him elsewhere after 15 years of squatting for tips? That area has become rough, despite the fact that it's a tourist gateway. It ought to sparkle instead of stink and feel dangerous.
But sand in the fountain is partly due to wind, and more to the fact that the closest fresh water for beach goers to rinse true grit off their feet is the East Beach bathhouse. Realistically, what tired tourist or entitled kid is likely to trek there or search around the harbor to de-sand at end of a beach day? There's not even a low-slung spigot on a concrete pad nearby the dolphin fountain. We've seen them rinsing their feet (and their kids') in the sinks in the bathrooms, but most just overlook the pigeon poo and dip in the fountain. The outrigger paddlers who stop off for a foot bath in the fountain after their exercise are regular contributors.
If the HP is going to start ticketing, then post a sign saying "no foot washing" and enforce it equally. At $550 a pop, that will maintain the pump, pay for turning the State Street benches sideways, and maybe build a foot rinse by the restrooms like you'd expect at any decent public beach?
anemonefish (anonymous profile)
January 14, 2011 at 10:36 a.m. (Suggest removal)
From the article: "Currently in his third year attending Santa Barbara City College, where he is studying studio art, Dosch said he intends to bid farewell to Santa Barbara once his class schedule is sorted out.”
Dude, I know MANY SBCC students that finished their AA in art in the 2 yrs. it takes to get an AA degree. This guy's going on year 3? Life is good here in SB :) henry
hank (anonymous profile)
January 14, 2011 at 10:53 a.m. (Suggest removal)
Glad to see people had the good sense to point out the real problem here. While the "sand in the fountain" claim may have been a bit of a stretch, the bottom line is this guy is a pretty surly panhandler who feels its his right to use public property for his own benefit.
Can't wait to see him there in a six months still trying to "sort out" his class schedule. No way this guy leaves town. I'm also guessing he doesn't stop dipping his bucket into the fountain.
WilliamMunny (anonymous profile)
January 14, 2011 at 11:07 a.m. (Suggest removal)
HUH? He can bend over and mold wet heavy sand into life-sized figures but he can't GO GET OCEAN WATER twenty steps away??
eddiekd (anonymous profile)
January 14, 2011 at 11:52 a.m. (Suggest removal)
Can we all agree that this was chickens**t, regardless if the guy acts like a douche sometimes?
AZ2SB (anonymous profile)
January 14, 2011 at 11:54 a.m. (Suggest removal)
Must have an issue w/ the NaCl content in the water. NOT! :) henry
hank (anonymous profile)
January 14, 2011 at 11:55 a.m. (Suggest removal)
too bad - tho I never saw his art, it looks awe inspiring
missp (anonymous profile)
January 14, 2011 at 2:56 p.m. (Suggest removal)
I think there must be a technical solution to the sand problem, perhaps a filter or a properly designed and specified pump? Certainly this is not the only pump that has to deal with sand and siltation. This seems like a bit of a ruse to me. Encouraging people to be able to wash off in the fountain is a far friendlier approach, especially for a town that is trying to encourage visitors to have fun. The "get off my lawn" sign and ticketing is just mean-spirited and unnecessary.
Aggressive pan-handling (a subjective call, of course) is annoying, but I don't think it should be considered criminal. Most people, myself included, are annoyed by pan-handling of any sort, but this is most likely a simple reflection of our well-deserved collective guilt about the fact that people find it necessary to pan-handle to begin with (not that every pan-handler meets this criterion).
tegrat (anonymous profile)
January 14, 2011 at 3:09 p.m. (Suggest removal)
No doubt about the fact this guy does awesome art (a little too tragic for my taste, but awesome & talented nonetheless) & in a sort of way he does contribute. But then there's the attitude factor & that speaks volumes.
If someone's got something to offer, cool, but please, tone the tude down a bit for those of us who don't want to kick down :) henry
hank (anonymous profile)
January 14, 2011 at 4:16 p.m. (Suggest removal)
I appreciate his art and wonder about the necessity of the ticket. I also don't really mind this type of pan handling EXCEPT, I saw him almost assault someone who was taking his picture. The tourist did not speak English well and took a while to understand what the issue was. I was frightened enough that I never again gave him money or looked at his work except in passing.
valleygirl (anonymous profile)
January 14, 2011 at 4:50 p.m. (Suggest removal)
Artwork = Awesome.
Attitude = Outrageous
Combine the two, we have an issue. Choose between unfair and fair.... tough.
cspratt (anonymous profile)
January 14, 2011 at 5:08 p.m. (Suggest removal)
Here is a technical solution to the sand clogging the pump in the fountain:
STOP dipping a sand-covered bucket into the fountain!
David_Pritchett (David Pritchett)
January 14, 2011 at 5:19 p.m. (Suggest removal)
The days of tolerance for the homeless are coming to an end. Resort towns such as SB have to protect the view.
contactjohn (anonymous profile)
January 14, 2011 at 9:51 p.m. (Suggest removal)
What would sixdolphins, sevendolphins, or even eightdolphins have to say about this?
billclausen (anonymous profile)
January 15, 2011 at 1:33 a.m. (Suggest removal)
A musical tribute to Sandman:
http://www.youtube.com/watch?v=CX45pY...
billclausen (anonymous profile)
January 15, 2011 at 1:36 a.m. (Suggest removal)
Not gonna happen, AZ2SB. Many people in SB are too filled with rage, hatred, and self-entitlement to be able to handle that kind of concept. Like 2 year olds who have not learned to share, they want what they want and that's that. If anyone else wants some, they scream, kick, and throw things until they get their way.
Difference is, a 2 year old doesn't know any better.
The utter lack of gratitude for good health, good fortune, a home, enough to eat, a shower and a toilet has become de rigeur here. People EXPECT these things. They feel ENTITLED to them. Even with all their blessings, the level of resentment and anger shown by the haves against the have-nots in our society is truly terrifying and reminiscent of other times throughout history when we were far from our best.
Paradoxically, we not only tolerate, but we also encourage the kind of diva-like behavior Sandman is accused of expressing, in musicians, artists, and sports figures in our society. If someone has talent, we elevate him or her on the golden throne, sing praises and look the other way when s/he misbehaves or acts like a thug in real life. Then we pay him/her millions to sing, dance, act, or play a game or instrument.
However.... if that talented individual happens to be homeless, a whole nother set of rules apply. He is expected to sit quietly, eyes downcast, hands folded, and not offend anyone. Dance for us, fool, but don't talk to the women or think we are going to let you live in our neighborhood. Or even pay you for your efforts.
Interesting double standard.
Once again, SB's best and brightest gather here on the Indy forum to demand all the crayons and spew ugliness and self-entitlement. "I got mine and f*** you!"
Nice. And sadly, predictable.
Holly (anonymous profile)
January 15, 2011 at 2:36 a.m. (Suggest removal)
Beachliving= non-local. Also you say it so yourself "public beaches " . I've washed the sand off my feet 100's of time in that fountain. Big deal. Seriously would like to weed out all the non-local trash in Santa Barbara. That in its own right would go along ways to beautify the city.
805RunningCrew (anonymous profile)
January 16, 2011 at 12:07 p.m. (Suggest removal)
GOOD RIDANCE!
this guy, Sandman is a "sore eye" for the city. he is rude and
sometimes obnoxious to photographers. I always feel intimidated by him when walking down there. Its very good news that he is leaving [I'll believe when I DON'T see it [him]]
part of the problem: he does not like to work. its work to walk down to the ocean to get water. That why he does the sand castle begging. He claims that he works all day to sculpt...he doesn't work all day. he sculpts for a few hours in the morning, and then sits there for 2-3 days collecting tips to unsuspecting tourists; those of us that live here and know the area, ignore him as best we can.
silkspider (anonymous profile)
January 16, 2011 at 1:37 p.m. (Suggest removal)
Selective enforcement of this kind is unconstitutional. I must of used water from that fountain 30 or 40 times a yr ever since it was placed there. From rinsing off our little ones of sand or what ever ice cream goodies they got on themselves while we enjoyed the weekend Art Show to cooling off my own feet.
Santa Barbara used to believe its Art was meant to be enjoyed while used in practical ways. We built those beautiful benches along State St. as pieces of Useful Art yet many in this town complain if some sit there too long for their liking.
SmileySam (anonymous profile)
January 16, 2011 at 1:38 p.m. (Suggest removal)
May I suggest a remedy to the "Dolphin Fountain Crisis of 2011".
Let's build a multi-billion dollar "virtual" fence that will help people upgrade and deploy their natural virtues by abiding with and observing laws designed to protect our endangered city fountains.
Won't you please help Support the Cement Dolphins?
They need us.
Draxor (anonymous profile)
January 17, 2011 at 11:24 a.m. (Suggest removal)
So, did he leave yet?
Pinatubo (anonymous profile)
January 18, 2011 at 4:40 p.m. (Suggest removal)
one aggressive panhandler down; hundreds to go. 'bout time.
JohnLocke (anonymous profile)
January 19, 2011 at 7:57 a.m. (Suggest removal)
$550.00 for dipping a bucket into the fountain? That's really “interfering with” government property? Doesn't sound fair, even when reduced to $120.00.
I doubt that the maintenance workers will notice any difference in their sand removal operations once he's gone, but I'll miss his art.
Nitz (anonymous profile)
January 20, 2011 at 12:25 p.m. (Suggest removal)
Wow, that is really sad! I have known Scott for years. He used to do his incredible sculptures in provincetown on Cape Cod and everyone loved them! He is an amazing artist and an interesting guy! "BeachLivin'" sounds like a real dope!!!
jodice (anonymous profile)
August 9, 2011 at 10:19 p.m. (Suggest removal)