HomeMy WebLinkAboutAgenda Statement 1985/09/03 Item 9 COUNCIL AGENDA STATEMENT
Item
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Meeting Date
ITEM TITLE: Ordinance ,?/,`/,.4, - Repealing Chapter 9. 24 of the Chula Vista
Municipal Code relating to Fortunetelling
SECOND READING AND ADOPTION
SUBMITTED BY: City Attorney, ,1 (4/5ths Vote: Yes No x )
On April 27, 1984 , the case of Spiritual Psychic Science Church of
Truth, Inc. v. The City of Azusa was decided by the Court of Appeals .
This week the California Supreme Court upheld the decision of the
Court of Appeals . The case found that a City ordinance which pro-
hibits fortunetelling violates the First Amendment right of free
speech. This being the case, our ordinance could constitute a
violation of the civil rights of anyone who wishes to be a practi-
tioner of fortunetelling. The theory is that the ordinance goes to
the "content" of the speech and as such is constitutionally invalid.
I would recommend that we repeal our ordinance to come into compli-
ance with the state of the law.
RECOMMENDATION: Place Ordinance on First Reading
OARD/COMMISSION RECOMMENDATION: N/A
by the City Council cf
Chula Vista, Ca'?fornia
Dated
r� r
�� 7- 4 �Form A-113 (Rev. 11/79)