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BOW~RS MUSEUM DISPLAY OF BLACK ART Mrs. Harriet Tyler, EXHIBIT--INTERESTED CITIZENS OF 312 North Forest SANTA ANA Street, stated she had just received the communication and did not have an opportunity to review it or discuss it with anyene. She requested that the matter be continued until the next City Council Meeting on Oct- ober 7. On motion of Councilman Yamamoto, seconded by Councilman Evans, and unanimously carried, Council continued the matter to the next City Council meeting, October 7, and directed the Staff to meet with the Interested Citizens of Santa Ana to resolve the matter. (CA 85) PORNOGRAPHIC NEWSPAPER Mrs. Norma Wurzer, VENDING MACHINES 2301 North Wright, submitted a petition containing 313 signa- tures, requesting the removal of pornographic newspaper vending machines from the public right of way and enforce- ment of Ordinance No. NS-1175, pertaining to the subject, which was adopted on July 2, 1973. In addition, Mrs. Wurzer filed with the Clerk supporting letters from the following persons: o Mrs. Rose Merie Wojtkiewitz, St. Barbara's Church, 730 South Euclid; o Mrs. Weston Walker, 919 North Olive Street; o W. J. Kilgore and V. L. Kilgore, 1518 East 21 Street o Mrs. Wayne Watts, 1254 East 14th Street Mrs. Wurzer stated that the City of Garden Grove had adopted an ordinance to remove the vending machines and within a week's time the machines were gone; that there are none in Tustin; that Santa Ana is the county seat and should be able to enact similar legislation; that the Council is trying to make the City a better place to live through various programs and projects; and that these newspapers have no place in the public right of way, where any child can obtain them. The City Attorney reported that Santa Ana had pioneered the city legislation regulating pornographic news- paper vending machine sales, which was subsequently adopted by Los Angeles and San Diego; that First Amend- ment rights are of primary concern in the matter and there are some Constitutional problems. He reviewed case precedent on the subject. He added that a number of arrests had been made; and that several cases were pending. Mr. Withers also reported on the "Miller vs. California" case, stating that the U. S. Supreme Court had ruled that a city may establish community standards. He pointed out that the State of California has not enacted the legislation necessary to permit local communities to adopt local standards; that State Penal Code Section 311 is still the law in California; and that until the State redefines P. C. 311, the City has no alternative but to adhere to that legislation. CITY COUNCIL MINUTES 358 SEPTEMBER 16, 1974