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BUENA PARK : Council OKs Ban on News Rack Nudity

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The City Council has given final approval to an ordinance prohibiting the display of sexually explicit material in news racks throughout the city.

Under the new ordinance, displaying such material is punishable by a fine of up to $500 or six months in jail. However, the vendors can still sell the publications as long as nudity is not visible through the news rack window, City Atty. Andrew Arczynski said.

Vendors protested the ordinance during interviews last week, but none attended Tuesday night’s meeting where the City Council voted 5 to 0 to adopt the ordinance.

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

The ordinance was adopted at the request of parents whose children walk by news racks displaying explicit mater on the way to Walter Knott Elementary School. Parents wanted the racks removed altogether, but City Manager Kevin O’Rourke said any further restrictions will have to come from the state Legislature.

The state Senate is reviewing a bill that would make it a misdemeanor to display or sell sexually explicit material from a vending machine in a public place. The measure passed the Assembly on Jan. 29.

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