COSTA MESA : Pornography Law Given Initial OK

Pornographic material in newspaper racks must be shielded from public view under an ordinance given initial approval this week by the City Council.

Following the lead of several Orange County cities, the council Monday night unanimously approved first reading of the law, which mandates that blinders be placed in front of material deemed “harmful to minors.” Under the law, the blinders must cover the lower two-thirds of the material if it is displayed in public places.

The council did not name any newspaper or magazines that would be included under the new ordinance.

Business owners who fail to comply could be charged with a misdemeanor violation.

“Pornography is not something we as adults like to talk about,” resident Wendy Leece said. “We want to keep the children from this horrendous exposure that can ruin their minds and innocence.”

The council’s action, which was requested by Mayor Sandra L. Genis, was prompted in part by parents’ complaints. Wanting to keep pornography out of the reach of children, residents have been lobbying city officials to regulate how pornography is displayed in everything from newspaper racks to video stores. The group has also kept a eye on shopkeepers who sell the material.

Leece, a member of a national anti-pornography group, told the council she has watched the number continue to multiply during the past few years. Although pleased with Monday night’s action, she would like the council to take the law one step further and ban pornography altogether.

“We just want to protect the kids,” she said.

However, because the material is protected under the First Amendment, that is not likely to happen, city officials said. Some council members, including Councilman Peter F. Buffa, expressed concerns about whether the blinder rack law went too far and could survive a legal challenge. City Atty. Thomas Kathe assured the council that the ordinance was a carbon copy of many others used throughout the state and should hold up in court.

During the last few months, several Orange County cities have passed similar laws to restrict the display of pornography by using blinder racks. Among them are Dana Point, Laguna Hills and Lake Forest.

The City Council is expected to give final approval to the ordinance at its next meeting Nov. 15. It will go into effect 30 days after formal approval.