HomeMy WebLinkAbout74-042RESOLUTION NO. 74-42
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF SANTA ANA DIRECTING THE CITY CLERK TO SEND
A LETTER OF SOLICITATION TO THE CITIES OF ORANGE
COUNTY, THE ATTOP~NEY GENERAL'S OFFICE, AND THE
LEAGUE OF CALIFORNIA CITIES URGING THAT THEY
JOIN US IN SOLICITING THE STATE LEGISLATURE TO
ENACT LEGISLATION ESTABLISHING "LOCAL" COMMUNITY
STANDARDS IN PLACE OF "STATEWIDE" STANDARDS IN
JUDGING ALLEGED OBSCENE MATTER; AND ALSO URGING
THAT THE STATE LEGISLATURE PASS AN ENABLING LAW
GIVING CITIES THE "LOCAL OPTION" TO ENACT THEIR
OWN OBSCENITY LAWS CONSISTENT WITH THE TEST SET
FORTH IN THE RECENT SUPREME COURT CASE OF MILLER
V. CALIFORNIA
WHEREAS, the City Council of the City of Santa Ana has
become aware of the growing public outcry against the ever
increasing patently offensive material that is being peddled
on our city streets; and
WHEREAS, the City Council of Santa Ana feels that the
presence of this material not only lowers the dignity of the
city's character, but presents a hazard to the children of the
community byway of being harmful material; and
WHEREAS, the City Council of the City of Santa Ana is in
full support of the recent efforts by the United States Supreme
Court to stem the tide on the flood of obscenity that has been
gushing into our communities; and
WHEREAS, the Supreme Court has provided new standards
for judging obseene matters, which standard no longer requires
that matters alleged to be obscene be "utterly without redeeming
social value", but only requires that such matters lack serious
literary, artistic, political, or scientific value; and
WHEREAS, the Supreme Court's decision does not restrict
the state legislature from passing a law giving cities the "local
option" to enact their own obscenity laws, consistent with the
requirement~ laid down by the Supreme Court; and
WHEREAS, the Supreme Court's decision did not make a
"statewide" standard mandatory, but only acceptable, in judging
whether certain material is obscene;
NOW, THEREFORE, BE IT RESOLVED that the City Council of
the City of Santa Ana hereby directs the City Clerk to send a
letter of solicitation to the cities of Orange County, the Attorney
General's office, and the League of California Cities, urging that
they join us in soliciting the State Legislature to adopt legis-
lation which would make the size of the geographic o~unity,
whose contemporary standards are to be used in judging alleged
obscene matter, the judicial district in which the presecution
in commenced; and also urging that the State Legislature pass
enabling legislation, giving cities the "local option" to
enact their own obscenity laws consistent with the test set
forth in the recent Supreme Court case of Miller v. California.
RESOLUTION NO. 74-42
PAGE TWO
PASSED AND ADOPTED by the City Council of the City of
Santa Aha at its regular meeting held on the 1st
day of April , 1974.
ATTEST:
CLERK OF THE COUNCIL
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss
CITY OF SANTA ANA )
I, FLORENCE I. MALONE, do hereby certify that I am the
Clerk of the Council of the City of Santa Ana; ~hat the fore-
going resolution was introduced to said Council at its
regular meeting held on the 1st day of April ,
1974, and was at said meeting passed and adopted by the following
vote, to wit:
AYES, Councilmen:
NOES, Councilmen:
Griset, Evans, Yamamoto, Garthe
Ward, Patterson, Markel
ABSENT, Councilmen: None
CLERK OF THE COUNCIL