HomeMy WebLinkAbout75-152RESOLUTION NO. 75-152
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF SANTA ANA URGING PASSAGE AND ADOPTION OF
SENATE BILL 886, WHICH WOULD ASSIST LOCAL AGENCIES
IN THEIR ATTEMPTS TO CONTROL HARMFUL AND OBSCENE
MATTER.
WHEREAS, the language of existing Section 311 of the
Penal Code is based upon a 1957 Opinion of the United States
Supreme Court in a case known as the Roth decision, which decision
requires proof of three elements of obscenity, among which is the
required element that the matter in question "taken as a whole is
utterly without redeeming social importance", which must be proved
to obtain successful prosecution in obscenity cases; and
WHEREAS, in June of 1973 the U.S. Supreme Court rendered
an opinion in a case known as Miller v. California which allows
the states to replace said element of proof with a standard which
would require the material in question to be proven to lack "serious
literary, artistic, political or scientific value"; and
WHEREAS, the State of California now has the opportunity
to revise said section of the Penal Code to comply with the Miller
decision and thereby enhance the possibilities of local enforcement
against obscene materials; and
WHEREAS, there is presently pending before the California
State Assembly Committee on Criminal Justice, Senate Bill 886
(Carpenter) which has already been passed by the California Senate,
which incorporates said standard, among other things, from the
Miller decision and provides for certain civil remedies as well
as for criminal prosecution in obscenity cases; and
WHEREAS, this Council is of the opinion, that if passed
and adopted into law SB-886 will greatly assist the cities and
counties of the State in their efforts to create a better environ-
ment for all residents of the State.
NOWv THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
THE CITY OF SANTA ANA, as follows:
1. That this Council hereby urges upon the Legislature
and the Governor passage and adoption of SB-886, upon the grounds
that said measure is urgently necessary to enable the cities and
counties of the State to deal effectively with problems presented
to them by the uncontrolled distribution of offensive and obscene
matter.
2. That the City Clerk is hereby directed to cause copies
of this Resolution to be forwarded to each Senator and Assemblyman
in the Legislature and the Governor of this State, to each city
in Orange County and to the Board of Supervisors of Orange County,
together with a request that they support passage and adoption of
said Bill.
PASSED AND ADOPTED by the City Council of the City
of Santa Ana at its adjourned regular meeting held on the 13th
day of October , 1975.
ATTEST:
CLERK OF THE COUNCIL
RESOLUTION NO. 75-152
PAGE TWO
STATE OF CALIFORNIA )
COUNTY OF ORANGE )
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; that the fore-
going Resolution was introduced to said Council at its adjourned
regular meeting held on the !.3th day of 0c~o~er , 1975,
and was at said meeting passed and adopted by the following vote,
to wit:
AYES,
NOES,
COUNCILMEN: Ward, Yamamoto, Bricken,
Evans, Brandt
COUNCILMEN: None
0rtiz,
ABSENT, COUNCILMEN: Garthe
CLERK OF THE COUNCIL
APPROVED AS TO FORM:
KEITH L. GOW
CITY ATTORNEY