TUSTIN : Council to Consider News Rack Curbs

The City Council tonight will again consider regulating news racks.

In addition to requiring permits for all racks on public sidewalks and regulating their appearance and location, the newest measure before the council would entirely ban racks containing pornographic materials, which are defined in the ordinance.

Last month, the city suspended enforcement of a ban on sidewalk racks after The Times Orange County Edition, the Orange County Register and the Herald-Examiner threatened lawsuits. The council then directed City Atty. James Rourke to draft an ordinance aimed at sexually explicit publications.

The city has banned news racks from sidewalks since 1973. But the ordinance wasn’t enforced until August, when Councilman Earl J. Prescott discovered two racks selling adult publications with sexually explicit photos.

City Manager William A. Huston said the rewritten ordinance might be ruled unconstitutional because it makes a distinction between newspapers.

“There’s no question that there’s a risk if the council adopts it,” Huston said. “If the council adopts the ordinance and (the publications) sue us, we’ll just have to wait and see what happens in court.”

Rourke said it could cost the city $500,000 to defend the ordinance in court.

“I guess the best thing I can say is I think it’s going to be very difficult to defend,” he said.

“In view of the fact that there are some very legitimate concerns about sexually explicit materials, I think the ordinance a good compromise” if the city can withstand legal challenges, Mayor Ursula E. Kennedy said.