City to Discuss Banning Sex Magazine Racks

Fresh on the heels of a federal court ruling handed down Wednesday, City Council members plan to pursue a ban on news racks that sell sex-oriented magazines.

Minors should not be exposed to the type of material sold on many of the street corners around this city, Councilwoman Elois Zeanah said Friday.

“I was so happy to hear about the judge’s decision,” she said. “It’s now a state law because the law has been upheld.”

U.S. District Judge Manuel Real on Wednesday upheld a state law that severely restricts the sale of sex-related publications through coin-operated news racks.

Passed by the state Legislature last year, the law requires that vending machines selling sex-oriented material be supervised by an adult, be located inside a store that prohibits minors or be rigged to accept tokens rather than change.

But Real barred the law from taking effect for 30 days, while attorneys representing the owners of several sexually explicit publications prepare an appeal.

In June, the Thousand Oaks City Council voted unanimously to incorporate the new state law into its municipal code, pending a decision by the federal court.

Now Zeanah doesn’t want to waste any more time.

“I’m going to request that it be placed on the agenda Nov. 7,” Zeanah said. “Then we can start banning the coin-operated news racks. That’s what this is all about, keeping adult materials out of the hands of minors.”

Mayor Jaime Zukowski said she would again support the ban when it comes up for a vote on Nov. 7. There is no reason the material should be so openly displayed, she said.

“It’s in your face when it’s right there on the sidewalk,” Zukowski said. “I think in looking out for freedom of speech, we have neglected the protection of young people.”

But officials from the American Civil Liberties Union argue the state law violates First Amendment protections, even if it does leave it up to cities to enforce.

“It’s content-based discrimination of legally protected speech,” said Francisco Lobaco, legislative director of the ACLU in Sacramento. “The stuff is not obscene and therefore it is legally protected speech.”

Among two dozen news racks outside the Thousand Oaks post office on East Thousand Oaks Boulevard, four dingy and beat-up vending machines offer eight different sex-oriented magazines.

Most of those asked outside the post office Friday about the potential ban said they supported the proposal.

“You can put them in a newsstand, but not on the street,” Westlake resident Terri Loewy said. “You can’t stop [pornography], but if you keep it in one place, at least it’s corralled.”

Another woman leaving the post office said sexually explicit material should be kept out of the reach of minors.

“I wasn’t even aware that they were there,” said Mary Knowd. “But I think it’s a good idea. Children don’t need access to that kind of material.

“If adults want it, they can find it someplace else,” she said. “It doesn’t need to be stuck right there on the corner.”

The news-rack ban to be discussed Nov. 7 is not the first foray into anti-pornography issues among the Thousand Oaks City Council. Earlier this month the council voted unanimously to urge movie theater owners not to exhibit NC-17-rated movies such as the current film “Showgirls.”

Several residents encouraged the council to take a stand against the film, saying it would lead to even more frequent exhibitions of sexually explicit movies.

The Simi Valley City Council, meanwhile, on Monday will consider adopting a proclamation declaring the first week of November “Pornography Awareness Week in Simi Valley,” a recommendation put forth by state Assembly candidate Steve Frank.