HomeMy WebLinkAbout93-75 - Pornography to Minors Through Vending MachinesRESOLUTION NO. 93 -75
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF NEWPORT BEACH RECOMMENDING THE CALIFORNIA
LEAGUE OF CITIES DRAFT AND SPONSOR LEGISLATION
RESTRICTING OR PROHIBITING THE SALE OF
PORNOGRAPHY TO MINORS THROUGH VENDING
• MACHINES.
WHEREAS, the California Legislature has established a
comprehensive statutory scheme regulating the sale of pornography
and harmful matter to minors;
WHEREAS, California Legislature has preempted the right
of local entities to adopt ordinances regulating the sale of
harmful matter to minors but has granted cities and counties
limited authority to adopt ordinances requiring partial blockage of
the display of material harmful to minors (Blinder Racks);
WHEREAS, the City of Newport Beach has adopted a "Blinder
Rack Ordinance" and has done everything permitted by law to
restrict the sale of harmful matter to minors;
WHEREAS, the installation of blinder racks is not an
effective method of restricting or preventing the sale to minors of
harmful matter displayed in newsracks;
WHEREAS, recent court rulings have restricted the right
of cities and counties to adopt restrictions on newsracks
generally and many of the newspapers and periodicals displayed in
newsracks contain valuable information which should be available to
minors and adults alike;
• WHEREAS, the courts have ruled that the legislature has
the legal authority to adopt statutes restricting the sale or
display of harmful matter to minors that are broader and more
restrictive than those applicable to adults;
1
WHEREAS, the City of Newport Beach encourages the
California League of Cities to draft and support, and the
California Legislature to introduce and adopt, the most restrictive
statutes relative to the display and sale of harmful matter to
minors -that are consistent with constitutional, statutory and
• decisional law.
NOW, THEREFORE, be it resolved the City Council of the
City of Newport Beach hereby requests the League of California
Cities to draft and support, and the California Legislature to
introduce and adopt, legislation that will establish the maximum
permissible restrictions on the sale and display of harmful and
pornographic material to minors including, without limitation, the
sale and display to minors of harmful material though newsracks,
vending machines and other medium unsupervised by adults.
NOW, THEREFORE, be it further resolved that the City
Clerk and City Manager are hereby directed to send a copy of this
Resolution to appropriate representatives of the League of
California Cities and the California Legislature.
ADOPTED this 8th day of November, 1993.
ATTEST:
City Clerk