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-6- <br /> Motion carried unanimously. <br /> _,• The meeting was recessed from 9 :25. to 9 : 35 P.M. when the obscenity <br /> and sauna ordinances were given their second readings. <br /> Approximately - a dozen residents were present for the consideration of <br /> the ordinances. <br /> Marge Kocon, 3409 Belden Drive, asked for an explanation of Section <br /> 975.20 of Ordinance 81-002 which exempts educational, scientific and <br /> research studies of obscenity. When the City Attorney had given her <br /> the reasons he saw for this provision, she said she believed that <br /> portion of the section should be deleted since it was probably..not <br /> applicable to St. Anthony. When Mrs. Kocon inquired how a complaint <br /> may be. made under the new ordinance and indicated her interest in <br /> filing a complaint against the Little Professor store in Apache, Mr. <br /> Soth told her the decisions whether to prosecute have been historically <br /> left up to the City Attorney to determine, i.e. , whether a complaint <br /> can besuccessfully prosecuted and the gathering of evidence has <br /> always been left up to the police. He told Mrs. Makowske all such <br /> prosecutions are heard before the Hennepin County court and the fine <br /> is left to the court' s discretion. Mr. Fornell noted receipt of a <br /> letter from Mr. Berquist of the Little Professor bookstore opposing <br /> the ordinance. <br /> Mary Ann Kuharski, 2709 Pahl Avenue N.E. , was in favor_:of deleting all <br /> wording after "activities" in Section- 975 :20 .and the City policy <br /> • strengthened against obscenity .but requested clarification of what <br /> comprises sufficient evidence to prosecute a violation of the ordin- <br /> ance. Mr. Soth said Section 975 :15, citing required findings is the <br /> "heart of the ordinance" since it spells out the constitutional tests <br /> under which the ordinance can be. enforced. - He cited the example of <br /> the Playboy magazine as one in which the court did not find attempts <br /> to get rid of. the publication met those tests. <br /> Police Chief Hickerson reiterated the concerns he had expressed in his <br /> January 20th memorandum regarding enforcement of the ordinance and <br /> problems he foresees with a limited police force trying to follow up <br /> on all complaints of violation of the ordinance. Mayor Haik agreed <br /> existing budget considerations do not favor the additional police <br /> services necessary to support the ordinance. Chief Hickerson also <br /> wondered if the sexuality assault classes recently conducted by the <br /> Police Department might have been in violation of the ordinance, if <br /> the educational exemptions are deleted. <br /> Councilman Marks perceived "enormous support for trying to do some- <br /> thing to prevent pornographic materials from getting into the hands <br /> of young people" and f.avored .the most effective method of attaining <br /> that goal. <br /> Motion by Councilman Ranallo and seconded by Councilman Sundland to <br /> approve the second reading of Ordinance 81-002 deleting from Section <br /> 975 : 20 all the wording following the word "activities" in the fifth line. <br />