TUSTIN : News Rack Permit Law Nears Approval

An ordinance requiring permits for news racks on sidewalks and blinder racks for sexually explicit material was tentatively approved Monday night.

The ordinance, scheduled for final approval May 21, will also regulate the number, size, construction, placement and appearance of the racks.

The city has had a ban on news racks on public rights of way since 1973, but it was not enforced until August, when Councilman Earl J. Prescott discovered two racks selling adult publications with sexually explicit photos. Enforcement of the ban was suspended while the council considered various options for regulating the racks.

In December, the four-member council deadlocked on the measure before it now. Prescott and Councilman John Kelly, who was not reelected in April, advocated a total ban. Mayor Richard B. Edgar and Councilwoman Ursula E. Kennedy, who did not seek reelection, opted for the measure approved Monday night. Councilman Ronald B. Hoesterey had already resigned by then, leaving the issue in a stalemate.

On Monday, Prescott alone voted against the ordinance, saying it will allow pornographic material on the streets. But Edgar said that a complete ban would expose the city to hundreds of thousands of dollars in legal fees and be difficult to defend.