BUENA PARK : Council OKs Limit on Sexual Material

The City Council has given initial approval to an ordinance banning the display of sexually explicit material sold through news racks.

If approved, the ordinance would make it a misdemeanor to display matter containing descriptions, photographs or illustrations of explicit sexual acts. Violations of the ordinance would be punishable by a fine of up to $500 and up to six months in jail.

“The ordinance prohibits displaying the material in such a manner that you can see it when you pass by,” City Atty. Andrew Arczynski said.

The City Council’s 4-0 vote angered those whose publications are displayed in the news racks. Tony Kiss, publisher of Hollywood New Reality, said he wasn’t notified of the city’s intention to change the ordinance.

“Regardless of what they say, it comes down to First Amendment rights,” Kiss said. “They are trying to stifle personal freedom. We have to fight back and stay in business.”

Added another publisher, who asked not to be named, “It is ridiculous to cover up a photo. You see worse than that at the beach.”

Arczynski said the new ordinance does not violate First Amendment rights. The vendors can still sell from news racks if publications are folded so that sexually offensive material is not visible through news rack windows, he said.

City Manager Kevin O’Rourke said at Monday night’s council meeting that the ordinance was adopted because of a request by the Centralia School District.

Several members of a Parent Teacher Assn. had complained about the contents of news racks in front of the post office on La Palma Avenue. The parents didn’t want students who attend Walter Knott Elementary School, which is across the street from the post office, to see the publications in the news racks.

Of the 28 racks displayed in front of the post office, six of them contain magazines that would be considered explicit under the ordinance.

“I’ve been very displeased with the contents of the news racks,” PTA member Donna Shappy said.

Some parents said the City Council didn’t go far enough. Linda Suydam said she and others will push for the removal of news racks displaying sexually explicit material.

“We want them out of there,” Suydam said.

O’Rourke said it is unlikely that the city will consider further restrictions on news racks. He said the city will instead defer to state lawmakers who are reviewing a bill that would make it a misdemeanor to display or sell “harmful matter” in any coin-operated machine in a public place.

The Assembly passed the bill Jan. 29 which is now before a state Senate committee. The Buena Park City Council is scheduled to give final approval to the news rack ordinance late this month or in early March.