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RESOLUTION NO. 85- 58 PAGE TWO that 11 films viewed by the court during such lawsuit were obscene beyond a reasonable doubt as that term is defined in Penal Code Section 311(a) and that the defendants were engaged in the commercial exhibition of obscene motion picture films. C. On October 12, 1976, a copyright infringement lawsuit was filed in federal court against four members of the Santa Ana City Council and the City's special counsel, arising out of surveillance at the "Mitchell Brothers' Santa Aha Theater," conducted by the City's agents pursuant to Council Resolution No. 76-134. The copyright lawsuit was tried in December, 1978, and on December 14, 1978, the federal jury returned its verdicts in favor of the city, holding that there was no copyright infringement and that the films, "Behind the Green Door," "Resurrection of Eve," "Inside Marilyn Chai~bers," "The Autobiography of a Flea," and "Sodom and Gomorrah-The Last Seven Days," were obscene under federal standards. D. The attorney employed by the City Council to assist the City Attorney in conducting litigation to abate conditions within the City, which have been determined by the City Council to be public nuisances under Santa Aha Ordinance NS-1325, as amended, has reported to the City Attorney that he personally has administered and supervised the weekly surveillances of the "Mitchell Brothers' Santa Ana Theater"; that he has personal knowledge of the character and content of such films, and that all of the films which are identified in Enclosure "A" are of the same character and content as the motion picture films involved in the above described litigation, and meet and satisfy the test for "hard-core pornography" set forth in Zeitlin v. Arnebergh and ruling California obscenity law. Section 3. Pursuant to the provisions of Ordinance NS-1325, and based upon the evidentiary facts referred to in Section 2 above, the City Council of Santa Ana makes the following findings of fact concerning the character and nature of the aforementioned motion picture films which have been, and/or are being, exhibited at the "Mitchell Brothers' Santa Ana Theater": A. Each of the motion picture films and previews which have been exhibited at the "Mitchell Brothers' Santa Aha Theater" listed in Enclosure "A" is a lewd film as defined in Section 12-101 of the Santa Ana Municipal Code, in that: (1) the average person, applying contemporary community standards, would find that, when considered as a whole, said film appeals to the prurient interest, and (2) said film depicts and describes patently offensive representations and descriptions of ultimate sexual acts, and (3) is matter which taken as a whole is utterly without redeeming social importance and possesses no serious literary, artistic, political, or scientific value. Section 4. Pursuant to state law and the provisions of Ordinance NS-1325, as amended, and based upon evidentiary facts contained in the business records of the City of Santa Ana and other evidence on file with the City Council in matters pertaining to the "Mitchell Brothers' Santa Aha Theater," which are incorporated herein by reference as though set forth herein in full, the City Council of Santa Ana makes the following findings of fact with respect to the place commonly known as the "Mitchell