HomeMy WebLinkAbout78-050EJC: adg
4/27/78
RESOLUTION NO. 78-50
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF SANTA ANA SUPPORTING INITIATIVE
LEGISLATION KNOWN AS "ABATEMENT OF MORAL
PUBLIC NUISANCES LAW."
WHEREAS, during the past several years, widespread
dissemination of pornographic materials and the increase in
commercial businesses dealing in hard-core pornography and
in lewdness, assignation, and prostitution has created serious
law enforcement problems in local communities throughout the
State of California, and the failure of existing laws to pro-
vide an effective means for controlling these local problems
has become a matter of grave concern; and
WHEREAS, a substantial number of the people of the
State of California believe that indiscriminate dissemination
of such materials, and continued toleration of businesses
which degrade sex will, over a long period of time, have an
eroding effect on the moral standards of local communities
and will do irreparable harm to the family structure and
family values of those communities; and
WHEREAS, the California Supreme Court ruled on
June 1, 1976, in People ex rel. Busch v. Projection Room
Theater et al., 17 Cal. 3d 42,51, also known as the Busch
decision, that "conduct offensive to a community's moral
sensibilities is likewise subject to regulation" under the
public nuisance statutes in the same manner as conduct which
is offensive to the five physical senses of hearing, sight,
touch, smell, and taste; and
WHEREAS, the California Supreme Court also ruled
in the Busch decision that it saw "no satisfactory distinc-
tion which would justify differential treatment of the pic-
torial representations in obscene magazines and films on the
one hand, and 'live' performances on the other" and that
"the presentation of either may fairly be described as 'in-
decent' and equally injurious to public morals" and that the
exhibition of obscene magazines and films is a "per se"
public nuisance, which can be abated under the public nuis-
ance laws of this state as a moral public nuisance; and
WHEREAS, the United States Supreme Court has in-
dicated in Miller v. California, 413 U.S. 15, 37 L.Ed.2d 419,
93 S.Ct. 207 (June 21, 1973) that the determination of com-
munity standards is largely a matter for the local communities;
and
WHEREAS, the elimination of the abovedescribed
evils from the communities is in the best interests of the
moral and general welfare of the people in the local com-
munities and it appears;
1. that this can most effectively be accom-
plished by declaring the same to be a "munici-
pal affair" which is more properly the subject
of control by local governments, and
RESOLUTION NO. 78-50
PAGE TWO
2. that a situation exists wherein the initi-
ative power reserved to the electors of cities
and counties by Article IV, Section 1 of the
California Constitution, should be invoked for
the purpose of enacting general laws through
initiative legislation;
(a) to provide stronger controls over
such moral public nuisances for local
governments which are regulated by gen-
eral laws, and
(b) to restore to charter cities and
counties the home rule powers which are
needed to deal further with such munici-
pal affairs; and
WHEREAS, an initiative measure, known by the title
of "Abatement of Moral Public Nuisances Law," has been
drafted to accomplish the above stated objectives, and is
presently being circulated for qualifying signatures;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL
OF THE CITY OF SANTA ANA:
1. That the City Council fully supports the princi-
ples stated in the Initiative measure, known as the "Abate-
ment of Moral Public Nuisances Law" and recommends that the
same be placed on the ballot as an issue for the general
public to decide.
2. That the attention of all citizens of the City
of Santa Ana is invited to the efforts of the sponsoring
group, known as "Decency in the Environment Today," which
is seeking to obtain the necessary qualifying voter signatures,
and are urged to lend their support to such effort, so that
the matter may be placed on the ballot as an issue to be de-
cided by the voters of the State of California at the next
general election following its qualification.
ADOPTED this 1st day of May , 1978,
by the following vote:
AYES: COUNCILMEN: Yamamoto, Brandt, Bricken,
Garthe, Ward
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: 0rtiz~ ~vans
ATTEST:
FLOUNCE I. MALON~ //~/ ~
couNc ,
~YOR
APPRO~D AS TO FO~:
KEITH L. GOW
CITY ATTORNEY