Ukiah Daily Journal from Ukiah, California on September 15, 1987 · Page 6
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Ukiah Daily Journal from Ukiah, California · Page 6

Ukiah, California
Issue Date:
Tuesday, September 15, 1987
Page 6
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6 -TUESDAY, SiPTtMBER 13,19«7 •THE UKIAH DAILY JOURNAL" Court upholds ban on 'dial-a-porn' messages v SAN FRANCISCO (AP) — The banning of "ditl-t-pdm" tetepwne services by phone companies is «n "inevitable result" of obscenity laws and does not violate the First Amettdment, I fedttil court has ruled. , The 9th U.S. Circuit Court of Appeals .decided in .a case from Arizona, made public Monday, that Mountain Stales Bell could adopt a general policy of refusing to carry sexually explicit material, whether or not it waa legally obscene. So-called "dial-a-pom n telephone services offer sexually explicit taped messages for a fee. Although a government agency could not impose the same policy without running into constitutional limits on free expression, the phone company is a private organization not subject to the same restrictions, the court said in a 2-1 ruling. Dissenting Judge William Canby said the company should be regulated by the Constitution because its policy was "imbued with state action": not only is it a state-regulated utility, but it had also been threatened with prosecution 10 days earlier under an Arizona obscenity law. The ruling, similar to a decision by the llthCircuit last year, has implications for other states, where the spread of taped- message phone services with 976 prefixes has run into controversy because of minors' easy access. In a similar case in California, Pacific Bell filed suit seeking to bar "dial-a-porn" from its lines, but dropped the suit after the companies claimed freedom of speech. The California Legislature has since passed a law that will require phone companies to allow customers to block all taped-message calls from their homes. But because the needed technology is not yet available, the state Public Utilities Commission has extended the deadline at least to next Jan. 1, while saying it would explore other options such as requiring customer identification numbers. The Arizona case arose in May 1985, after a Maricopa County prosecutor threatened Mountain Bell with prosecution under a state law forbidding the distribution of explicit sexual material to minors if it continued to carry the taped 976 messages of Carlin Communications on its lines. Six days later, after an unsuccessful court challenge by Carlin, the company dropped its services. Another four days later, Mountain Bell adopted a policy that it would no longer carry 976 messages of sexual "adult entertainment," even if the messages violated no state laws. U.S. District Judge Charles Hardy ruled that the phone company had violated Carlin's constitutional rights and ordered the service resumed, but was largely reversed by the appeals court. Judge Joseph Sneed's majority opinion said Mountain Bell had acted unconstirtl- tionally when it cut off Carlin's services under direct threat from the county prosecutor, but not when it later adopted its general policy. However, the company was acting privately, and not performing a public function, when it subsequently decided to refuse to carry such messages in the future, Sneed said. Activists hold vigil against Bork SAN FRANCISCO (AP) — On the eve of confirmation hearings before the U.S. Senate, opponents of Judge Robert Bork'a appointment to the U.S. Supreme Court drew attention to their cause with a vigil on the steps of the federal building. I Following a news conference, about 30 people opposing the nomination said they planned to sit on the front stepa of the federal building until midnight Most wore bumper stickers on their backs reading, "No on Bork," referring to Senate confirmation hearings beginning today. "He believes in judicial restraint when the poor and powerless come to the courthouse doors seeking help, but becomes suddenly active in striking down laws at the request of the wealthy and powerful," said Edward Chen of the American Civil Liberties Union at the news conference. Bork, a judge on the U.S. Court of Appeals in Washington, D.C., has been nominated to succeed retired Justice Lewis Powell. Several of the protesters cited Bork's contention that the Constitution does not protect the right to privacy, and his denunciation of the 1973, ruling legalizing abortion. Bork, in a recent Time Magazine interview, said he was not a conservative activist, but that "I simply believe in judicial restraint." Stat 'HOLLYWOOD' sign altered for pope's visit LOS ANGELES (AP) — Apparently reluctant to let the papal visit pass without a Sign from above, E anksters altered the landmark Dllywood to read "HOLYWOOD" before dawn today. No one claimed credit for the alteration, which was accomplished by wrapping plastic around the first "L" in the famous sign, said police Sgt John Zrofsky. The transformed sign was first reported by a man coming out of a dance club early this morning. He declined to give his name. Police rushed to the scene when the prank was reported but caught no culprits, Zrofsky said. He said it would be up to the Hollywood Chamber of Commerce, which owns the sign, to decide how and when it should be changed back to its original form. It wasn't the 'first time the 55-foot-tall letters, perched atop a hillside overlooking a large chunk of Los Angeles, were targeted by pranksters. A group of "environmental sculptors" claimed credit for altering the sign to read "HOLYWOOD" one Easter Sunday. The same group claimed to have altered the sign to read "OLLY- WOOD" during the testimony of Lt. Col. Oliver North at the Iran- Contra hearings, and "HOL- LYWEED" after marijuana possession penalties were reduced. Earlier this year, students from the California Institute of Technology transformed it to read "CAL- TECH" as a graduation stunt. TakeHwy20to Blue Lakes Rd. reservations 275-2718 Kids are in school but the weather's still great! Now's the time to plan your mini-vacation at The Narrows. ! USF® Schoo M.A. IN EDUCATIONAL ADMINISTRATION and/or a Preliminary Administrative Services Credential STUDY IN THE UKIAH AREA • Program can be completed in one year • Scheduled for working professionals • Transfer of previously earned credit is possible • Fully accredited Attend a meeting: Thursday, Sept. 24, 1987 4:00 p.m. Boardroom, Ukiah Unified School District Office 925 North State St., Ukiah. CA Or call: Dr. Gary Brawley (707)485-8741 days, (707)462-4148 eves. THE MAXIMUM MATRIX ACCOUNT -.0091 RATE* ANNUAL YIELD For A Limited Time Only - On 18 Month CD's Of $10,000 Minimum Deposit, To A Maximum Of $90,000. *Rate subject to change without notice. Open Your Account Today - At A Branch Near You More Than 175 Branches Throughout California. Ukiah 700 South State Street, 95482 at Gobbie (707)462-7532 AMERICAN SAVINGS AND UDAN ASSOCIATION Sonoma supervisor 'caught' SANTA ROSA (AP) — Sonoma County Supervisor Janet Nicholas agreed to wear a sophisticated electronic surveillance device on her ankle for a few days to see if it works. It did. And better than she expected. In making the deal with a salesman for TXM Monitoring of Auburn, Calif., Nicholas said she forgot she had agreed to attend an event over the weekend where she just had appear in cowbody boots. But the boots wouldn't fit with the three-inch-square plastic box strapped to her ankle. "I wasn t going to go as a wimp, so I had to take the device off early," she said. "I was trying to do it in a way that the monitors wouldn't know I had done it, but no sooner than I had i t of f and was making my way out through the door, the telepone rang and the voice on the other side said, 'Aha, you took it off, didn't you?'" Positive AIDS results to spouses SACRAMENTO (AP)—Doctors could disclose AIDS test results to the spouses of the persons being tested, under a bill signed Monday by Gov. George Deukimejian. The bill, AB250 by Assemblywoman Teresa Hughes, D- Los Angeles, prevents physicians and surgeons from being held criminally or civilly liable for disclosing AIDS test results to any individual's spouse. The Republican governor said in his report of the signing, "This legislation seeks to equally protect California physicians, as they in turn seek to protect public health." Radon poisoning studies vetoed SACRAMENTO (AP) —Gov. George Dcukmcjian vetoed two bills Monday that would have authorized studies to determine the extent of radon poisoning in California homes. Radon is a radiactive gas that is emitted as radium breaks down underground and seeps into the atmosphere, sometimes getting trapped inside buildings in its path. The federal Environmental Protection Agency lists the toxic gas as the second leading cause of lung cancer after smoking, and estimates that it kills up to 20,000 people a year, said Colleen Beamish of, Roseruhal's office. Victims' identities protected . \ ; SACRAMENTO (AP) — Sexual assault victims will be able to keep their names out of public reports, thanks to legislation signed into law by Gov. George Dcukmcjian. The similar bills whose signings were announced Monday are SB 1683 by Sen. Dan Boatwright, D-Concord, and SB 1507 by Sen. Ed Royce, R-Anaheim. Boatwright said in a prepared statement that some victims are afraid to report the attacks because they fear their names will be printed in the newspapers. Many newspapers voluntarily withhold the names of sexual assault and child abuse victims from articles about the crimes. Inns can now sell wine SACRAMENTO (AP) — Established nudist camps will be allowed to sell alcoholic drinks beginning Jan. 1 under legislation spearheaded by a Southern California resort. Gov. George Deukmejian on Monday allowed the measure, AB251 by Assemblyman Jerry Eaves, to become law without his signature. Deukmejian also reported signing bills making bed and breakfast inns eligible for on-sale wine licenses, and making it an infraction with maximum $100 fine for anyone under 21 to try to purchase alcoholic beverages. The Eaves bill would exempt nudist resorts that meet certain requirements from state regulations that prohibit the presence of naked people in businesses with liquor licenses. The slate regulations were intended to control bottomless bars, but supporters of Eaves' bill say the nudist camps have been unfairly targeted by the them. U. S. Department of the Interior Bureau of Land Management SEPTEMBER 25-27 Excess wild horses and burros from Western public lands are on their way to: CHRIS BECK RODEO ARENA Sonoma County Fairgrounds Santa Rosa Adoption fee is $125 per horse or $75 per burro. If you are interested in sharing your heart and home with a wild horse or burro, contact: Bureau of Land Management (707) 462-3873 1C "i. 1C u: •t rft

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