HomeMy WebLinkAboutCC Res 1941 1971-01-05
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AGENDA ITEM X D
RESOLUTION NUMBER ~
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SEAL BEACH, CALIFORNIA, REQUESTING ACTION TO
STOP THE SALE AND DISTRIBUTION OF OBSCENE MATERIALS
IN THE STATE OF CALIFORNIA AND THE NATION.
WHEREAS, Decisions of the Supreme Court of the State of California
have limited the ability of cities to regulate and prohibit the
sale of obscene materials under the "home rule" provision of
Article XI, Section ll, of the California Constitution: and
WHEREAS, The Legislature has not taken appropriate action to
offset the effect of these decisions and has failed to enact
legislation to control obscene publications and movies: and
WHEREAS, People throughout the country have expressed a desire to
curb the sale and distribution of obscene materials which is now
permitted under the protection of law: and
WHEREAS, Responsibility for the existing situation is very diffi-
cult to ascertain, yet it seems probably that normal forces of
supply and demand may be of some consequence: and
WHEREAS, Regulation of these market forces may be best accomplished
at the local level:
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Seal Beach 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 ll,
of the California Constitution by declaring the legislative intent
not to preempt the police powers of cities except in areas specifi-
cally 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
government take all action, not prohibited by the Constitution, to
halt the sale of obscene materials: and
BE IT FURTHER RESOLVED that this resolution be forwarded to state
legislators and congressional representatives from this area.
PASSED, APPROVED, AND ADOPTED by the City Council of the City of
Seal Beach, California, at a meeting thereof held on the ~
day of January, 1971, by the following vote:
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