City of Portland - Measure 26-128
BALLOT TITLE
AMENDS CHARTER BY DELETING UNENFORCEABLE OBSCENITY PROVISIONS
QUESTION:Shall unenforceable power in Charter regarding regulation of obscenity be deleted to be consistent with state constitution?
SUMMARY:Charter Section 2-105(a)(50) currently states that the City has the power to define what materials are obscene, to prohibit distribution and to punish persons who distribute such materials. Prohibiting obscenity has been foreclosed by the Oregon Supreme Court’s interpretation of Article I, Section 8 of the Oregon Constitution. This measure would delete Section 2-105(a)(50) to make the Charter consistent with the Oregon Constitution. Deletion of this section of the City’s specific powers would not impair the City’s general powers and authority to protect and support public health and safety.
EXPLANATORY STATEMENT
This measure amends the Portland City Charter. Charter Section 2-105(a)(50) currently states that the City has the power to define what materials are obscene, to prohibit distribution and to punish persons who distribute such materials. Prohibiting obscenity has been foreclosed by the Oregon Supreme Court’s interpretation of Article I, Section 8 of the Oregon Constitution. This measure would delete Section 2-105(a)(50) to make the Charter consistent with the Oregon Constitution. Deletion of this section of the City’s specific powers would not impair the City’s general powers and authority to protect and provide support for the City’s public health and safety.
The Charter Commission referred this measure to the voters. The City’s Charter Commission reviewed the Charter and identified parts of the Charter that the Commission determined are outdated, unenforceable or offensive, including Charter Section 2-105(a)(50). This section can be deleted without changing City government structure or operations.
Submitted by
James H. Van Dyke
City Attorney
City of Portland