04-18-85 Safety Comm Minutes4:00 P. M. April 18, 1985
SAFETY COMMITTEE
The committee met in the Council Chambers on this date. Present were Chairman
Schindler, Committee member Saverud, Councilman Manning, Police Chief Stefanic, City
Attorney Neier, Don Nelson of Citizens Against Pornography and Roger Hopkins, DIL.
C. Schindler opened the meeting, asking Mr. Nelson to explain his request regarding
the Anti -Pornography Ordinance. Nelson stated that he has talked to all Council mem-
bers individually, asking that the ordinance existing inFlatheadCounty, Whitefish
and Columbia Falls be adopted in Kalispell. Main reason for the change is the current
availability of hard core material and the existing ordinance will not stand up in
court if a charge is filed against the adult book store.
Nelson further states that an ordinance -the same as the County ordinance -was brought
to the City Council 4 years ago, but the existing ordinance is not the one he spon-
sored nor the one that city voters approved. -
C.A. Neier stated that he had problems with the proposed ordinance. The only case
involving pornography in Flathead County was that of the City against the shop for
operating. He feels we would be fairly weak in enforcing the city ordinance at this
time.
Chief Stefanic pointed out that although Whitefish and Columbia have passed ordinances
neither has an adult book store. His department has received no calls or complaints
about the Kalispell store. It is hard to evaluate the aspects of crime and a case can
not be made of the store's materials actually breeding crime.. He has a problem read-
ing and interpreting the pornography ordinance and applying it to the material in the
store. He says that we need to decide if we want to remove the material from the store
or simply to update the language of the ordinance. '
Nelson stated that he went through the store some time ago with C.A. Neier, Chief
Stefanic, Detective Stotts and County Attorney Lympus. He is unsure what exists
there now but books at $30 are most certainly hard core compared to $3 soft core
books. He wants to get the material out of the store but the city ordinance will not
accomplish that. A new ordinance should be based on tested court decisions over the
past several years. With or without a new ordinance, a complaint will be filed
against the store, he says.
Chief Stefanic agreed that hard core pornography is being sold, violating the city
ordinance, but he doesn't think it is in the city's best interests to make a case
based on the ordinance that will result in a lengthy and expensive litigation. He
says the language in the proposed ordinance is no better in terms of help in enforce-
ment. Stefanic asks that his department be told specifically what is allowed/not
allowed in the store --not language that says "appeals to the adult prurient interests".
We have a responsibility to citizens to maintain law and order that we can afford and
he is sure if a case is tested we will be litigant.
C. Schindler stated that improving and enforcing pornograpy legislation would be a
travesty for us to pursue when we are not receiving complaints and the money is
needed for other activities.
C. Saverud stated that the law should be looked at every once in awhile to be sure it
is not antiquated, but we must rely on professional and legal community. He asked C.A.
Neier to check on the implication of illegal procedure on the passed ordinance and to
prepare a memo on the history of the present ordinance. Neier will also do a comparison
of the existing and proposed ordinances. This information will be passed back to
committee.
Meeting adjourned at 5:00 P.M.
• Markie Sabol
Recording Secretary