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RESOLUTION NO. 74-42 <br /> <br />A RESOLUTION OF THE CITY COUNCIL OF THE CITY <br />OF SANTA ANA DIRECTING THE CITY CLERK TO SEND <br />A LETTER OF SOLICITATION TO THE CITIES OF ORANGE <br />COUNTY, THE ATTOP~NEY GENERAL'S OFFICE, AND THE <br />LEAGUE OF CALIFORNIA CITIES URGING THAT THEY <br />JOIN US IN SOLICITING THE STATE LEGISLATURE TO <br />ENACT LEGISLATION ESTABLISHING "LOCAL" COMMUNITY <br />STANDARDS IN PLACE OF "STATEWIDE" STANDARDS IN <br />JUDGING ALLEGED OBSCENE MATTER; AND ALSO URGING <br />THAT THE STATE LEGISLATURE PASS AN ENABLING LAW <br />GIVING CITIES THE "LOCAL OPTION" TO ENACT THEIR <br />OWN OBSCENITY LAWS CONSISTENT WITH THE TEST SET <br />FORTH IN THE RECENT SUPREME COURT CASE OF MILLER <br />V. CALIFORNIA <br /> <br /> WHEREAS, the City Council of the City of Santa Ana has <br />become aware of the growing public outcry against the ever <br />increasing patently offensive material that is being peddled <br />on our city streets; and <br /> <br /> WHEREAS, the City Council of Santa Ana feels that the <br />presence of this material not only lowers the dignity of the <br />city's character, but presents a hazard to the children of the <br />community byway of being harmful material; and <br /> <br /> WHEREAS, the City Council of the City of Santa Ana is in <br />full support of the recent efforts by the United States Supreme <br />Court to stem the tide on the flood of obscenity that has been <br />gushing into our communities; and <br /> <br /> WHEREAS, the Supreme Court has provided new standards <br />for judging obseene matters, which standard no longer requires <br />that matters alleged to be obscene be "utterly without redeeming <br />social value", but only requires that such matters lack serious <br />literary, artistic, political, or scientific value; and <br /> <br /> WHEREAS, the Supreme Court's decision does not restrict <br />the state legislature from passing a law giving cities the "local <br />option" to enact their own obscenity laws, consistent with the <br />requirement~ laid down by the Supreme Court; and <br /> <br /> WHEREAS, the Supreme Court's decision did not make a <br />"statewide" standard mandatory, but only acceptable, in judging <br />whether certain material is obscene; <br /> <br /> NOW, THEREFORE, BE IT RESOLVED that the City Council of <br />the City of Santa Ana hereby directs the City Clerk to send a <br />letter of solicitation to the cities of Orange County, the Attorney <br />General's office, and the League of California Cities, urging that <br />they join us in soliciting the State Legislature to adopt legis- <br />lation which would make the size of the geographic o~unity, <br />whose contemporary standards are to be used in judging alleged <br />obscene matter, the judicial district in which the presecution <br />in commenced; and also urging that the State Legislature pass <br />enabling legislation, giving cities the "local option" to <br />enact their own obscenity laws consistent with the test set <br />forth in the recent Supreme Court case of Miller v. California. <br /> <br /> <br />