TUSTIN : Decision Postponed on News Rack Curbs

The City Council on Monday postponed a decision on regulating the distribution of news racks until Nov. 20, when it will compare three options.

The council was scheduled to consider an ordinance prohibiting from public rights of way news racks containing pornographic material. This ordinance would also require permits for and regulate the appearance and location of all news racks on public rights of way.

But City Atty. James G. Rourke, who drafted the ordinance at the request of the council, said it might be considered unconstitutional and could be difficult to defend in court if challenged.

The council’s second option is its present ordinance banning all news racks on public rights of way, regardless of what is being sold from them. Although the city has had such a ban since 1973, it was not enforced until August, when a councilman discovered two news racks selling sexually explicit publications.

After The Times, the Orange County Register and the now-defunct Los Angeles Herald Examiner threatened lawsuits last month if the city banned all news racks, the council suspended the ban. However, it is supported by council members John Kelly and Earl J. Prescott, who say the issue is one of vending on public rights of way.

The third proposal that the council will consider would require permits for news racks and regulate their location and appearance, but would allow the sale of sexually explicit publications from racks with opaque fronts that cover the explicit material.

This ordinance was considered by the council at its Oct. 16 meeting, which drew dozens of speakers who implored the council not to allow pornography to be sold on the streets of Tustin.