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70R-564 RESOLUTION NO. 70R- 564 . ,_....-. ----- - A P~SOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM 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 abilitv 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 ~rnEREAS, the Legislature has failed to take appropriate action to offset the adverse effect of these decisions and has failed to enact ~eaningful legislation to stem the tide of publications and smut movies; and t~EREAS, the people of the City of Anaheim 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 t~EREAS, blame for the present flood of smut publica- tions and obscene activities can and shoul.d 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 Ci t~, of Anaheim that the leqislati ve bodies of State of California take the necessary ste~s to return to the people of California "Horne Rule" and return the clear meaning of Article XI, Section 11 of the California Constitution by declaring the legislative intent not to rreempt the police powers of cities except in areas specifically declared by the Legislature to be of state-wide concern and s?ecifically to return to cities the power to re']ulate 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 flood of s~ut and obscenity in our country today, ~nd BE 11' FURri'HEF RESOLV:SD thi,t the: California Supreme Court and -che United States SUDreme Court re-analyze their pronouncement of the law and the Constitut.ion as it pertains to obscenity and Dornography and to recognize the validity of those decisions of tl-;ci r predccessors 'irhidl e-i=f2cti vely prohibi terl .the flow of smut anc. ObSCC}1jt.=~r t,ot"olh:;hont t.hi3 c'Yll:.tr:' for many ( [.~J.n~,r l"cars '; Ct'!J,c' '3E ri' FURTlE':? :s.r:;SGLV:r::D Un tall ci ti zens make knmvn to their L~qisl~tors and Ju~acs t~ot thev will not tolerate the rnor:l1. :'iec~v of::mr conntr-:' "hecc.u.':; ()f- .t'v-' failure of the Legis- lature or t.he LTndces to Drc:~st"rvc th: mnra.l ;?rinci?le u;?on which our country -das foundec'l and :has survi v (>''j for al'.~'.ost two hundred years; and BE IT FURT'JER RESOLVED th;J.t this resolution be forwarded to the Legislators of the state of California, the Supreme Court Justices of Californi~, the Supreme Court Justices of the United States and to :8.epresentativC's in Congress and in the Senate from our local area. -1- ,,....-.~.....-_ I - UNANIMOUSLY AUTHORIZED AND ADOPTED by the City Council this 24th day of November, 1970. ATTEST: ~)x~' < r.e3. d-~ C CLERK OF THE ITY OF ANAHEIM I, DENE M. WILLIAMS, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original of Resolution No. 70R-564 duly passed and adopted by the Anaheim City Council on November 24, 1970. Q~~ )t, ~~- I~<,,~~ City Clerk