10-06-1975 - Laserfiche WebLink

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Encouraged the Police Department to monitor the theater very closely for illegal acts of conduct; and Appointed~Councilman Yamamoto as the liaison representative between the citizens group and Council, and requested that the group make contact with Mr. Gow, City Attorney, informing him who the leaders are going to be so that status informa- tion may be exchanged, Prior to the approved motion, City Attorney Keith Gow advised the Council that the City's ability to proceed against theaters showing material objectionable to the residents has been preempted by State and Federal law; that the adoption of an ordinance prohibiting the showing of such films could be challenged and the ordinance held unconstitutional; that a zoning law designed to restrict theaters showing objectionable material to a certain area of the City would likewise present a constitutional problem; and that in view of the very stringent limitations that the law places upon the power of a city to regulate the content of pornographic materials, he recommended that the City urge adoption of Senate Bill 886 by the State Legislature. Persons appearing before the Council to speak in opposition to the Mitchell Brothers theater were: Lee Ogorek, 2202 North Pacific Dr. Norman Conner, Pastor Joy Ransdell, 2206 North Pacific 'Marty Huber, Huber's Happy House, 1515 West 17th Street Mel Duncan, representing Ralph's Market Rose Marie Wojtkiewiez, St. Barbara's Church Citizens for Decent Literature Matthew Ogorek, 2202 North Racific Ron Hartman Sharon Seropke, 1629 West Avalon Dan Salceda, 2618 Westwood Street Glen Rose, 2519 North Forest The opponents of the theater stated that they had been circulat- ing a petition, and that they had approximately 5,200 names to date; that the community is voicing its objection to having pornography as a community standard where they live and work; that they wish Council to go out on a limb and find a way to close this theater; that numerous case histories of crimes show that the criminal has committed the crime after viewing a pornographic film; and that they protest the fact that a small minority of people are allowed to trample on the decency of the majority. In addition, Council was informed that the City of San Bruno was successful in closing a pornographic theater and the Council was asked to contact the City of San Bruno to find out what means were used. Mr. Salceda informed Council that Senate Bill 886 is in the Assembly Judiciary Committee, and that the only Orange County legislator who sits on that committee is Mr. Bruce Nestande of Orange, who is trying to get it out of committee and on to the floor of the Legislature. One speaker made a statement in favor of the Mitchell Brothers Theater: Jim Boyer, 2010 Strand, Manhattan Beach CA 149 CITY COUNCIL MINUTES 432 OCTOBER 6, 1975