HomeMy WebLinkAbout70-109 - Stop Flood of Smut and Obscenity186
RESOLUTION NO. 70-109
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA,
CALIFORNIA, REQUESTING ACTION TO STOP THE FLOOD OF SMUT AND
OBSCENITY IN OUR COUNTRY AND STATE.
WHEREAS, the decisions of the Supreme Court of California have
severely limited the ability of cities to regulate and prohibit immoral and
obscene activity under the Home Rule provision of Article XI, Section 11
of the California Constitution; and
WHEREAS, the Legislature has failed to take appropriate action to
offset the adverse effect of these decisions and has failed to enact meaning-
ful legislation to stem the tide of publications and smut movies; and
WHEREAS, the people of the City of Costa Mesa and people throughout
the Country have risen up to express their disgust of smut and obscenity
which is now permitted under the protection of the law; and
WHEREAS, blame for the present flood of smut publications and obscene
activities can and should be placed with the respective courts and with the
State and Federal Legislative bodies.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Costa
Mesa that the legislative bodies of the State of California take the necessary
steps to return to the people of California "Home Rule" and return the clear
meaning of Article XI, Section 11 of the California Constitution, by declaring
the legislative intent not to preempt the police powers of cities except in
areas specifically declared by the Legislature to be of state-wide concern
and specifically to return to cities the power to regulate obscene activities
not protected by the United States or California Constitution; and
BE IT FURTHER RESOLVED that the legislative bodies of the Federal r
Government take all action, not prohibited by the Constitution, to halt J
the flood of smut and obscenity in our Country today; and
BE IT FURTHER RESOLVED that the California Supreme Court and the United
States Supreme Court reanalyze their pronouncement of the law and the
Constitution as it pertains to obscenity and pornography and to recognize
the validity of those decisions of their predecessors which effectively
prohibited the flow of smut and obscenity throughout this Country for many,
many years; and
BE IT FURTHER RESOLVED that all citizens make known to their Legislators
and Judges that they will not tolerate the moral decay of our Country because
of the failure of the Legislature or the Judges to preserve the moral
principle upon which our Country was founded and has survived for almost two
hundred years; and
BE IT FURTHER RESOLVED that this resolution be forwarded to the
Legislators of the State of California, the Supreme Court Justices of
California, the Supreme Court Justices of the United States and to
Representatives in Congress and in the Senate from our local area.
UNANIMOUSLY AUTHORIZED AND ADOPTED by the City Council this 21st day
of December, 1970.
ATTEST:
City Clerk of the City of Costa M a
fsWOW j.
Mayor of the City of Costa Mesa
.a,;
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS
CITY OF COSTA MESA )
I, EILEEN P. PHINNEY, City Clerk of the City of Costa Mesa and
ex -officio Clerk of the City Council of the City of Costa Mesa, hereby
certify that the above and foregoing Resolution No. 70-109 was duly and
regularly passed and adopted by the said City Council at a regular
meeting thereof held on the 21st day of December, 1970.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the
Seal of the City of Costa Mesa, this 22nd day of December, 1970.
Ci y Clerk and ex -officio Clerk the
City Council of the City of Cas Mesa