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EJC: adg 4/27/78 RESOLUTION NO. 78-50 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA SUPPORTING INITIATIVE LEGISLATION KNOWN AS "ABATEMENT OF MORAL PUBLIC NUISANCES LAW." WHEREAS, during the past several years, widespread dissemination of pornographic materials and the increase in commercial businesses dealing in hard-core pornography and in lewdness, assignation, and prostitution has created serious law enforcement problems in local communities throughout the State of California, and the failure of existing laws to pro- vide an effective means for controlling these local problems has become a matter of grave concern; and WHEREAS, a substantial number of the people of the State of California believe that indiscriminate dissemination of such materials, and continued toleration of businesses which degrade sex will, over a long period of time, have an eroding effect on the moral standards of local communities and will do irreparable harm to the family structure and family values of those communities; and WHEREAS, the California Supreme Court ruled on June 1, 1976, in People ex rel. Busch v. Projection Room Theater et al., 17 Cal. 3d 42,51, also known as the Busch decision, that "conduct offensive to a community's moral sensibilities is likewise subject to regulation" under the public nuisance statutes in the same manner as conduct which is offensive to the five physical senses of hearing, sight, touch, smell, and taste; and WHEREAS, the California Supreme Court also ruled in the Busch decision that it saw "no satisfactory distinc- tion which would justify differential treatment of the pic- torial representations in obscene magazines and films on the one hand, and 'live' performances on the other" and that "the presentation of either may fairly be described as 'in- decent' and equally injurious to public morals" and that the exhibition of obscene magazines and films is a "per se" public nuisance, which can be abated under the public nuis- ance laws of this state as a moral public nuisance; and WHEREAS, the United States Supreme Court has in- dicated in Miller v. California, 413 U.S. 15, 37 L.Ed.2d 419, 93 S.Ct. 207 (June 21, 1973) that the determination of com- munity standards is largely a matter for the local communities; and WHEREAS, the elimination of the abovedescribed evils from the communities is in the best interests of the moral and general welfare of the people in the local com- munities and it appears; 1. that this can most effectively be accom- plished by declaring the same to be a "munici- pal affair" which is more properly the subject of control by local governments, and