HomeMy WebLinkAboutBallot Title Initiative Petition - Kelly McKamey 10-5-2023
INITIATIVE PETITION
Ballot Title
REXBURG CITY REGULATION ON OBSCENE CONDUCT.
General Title
OBSCENITY IS NOT PROTECTED UNDER FIRST AMENDMENT
RIGHTS TO FREE SPEECH, AND CONDUCT DEEMED TO BE
OBSCENE UNDER THE LAW CAN BE SUBJECT TO LOCAL, STATE,
AND FEDERAL REGULATION. THE U.S. COURTS USE A THREE-
PRONGED TEST, COMMONLY REFERRED TO AS THE “MILLER
TEST”, TO DETERMINE IF ANY CONDUCT IS OBSCENE.
OBSCENITY IS DEFINED AS ANTHING THAT FITS THE CRITERIA
OF THE MILLER TEST, WHICH MAY INCLUDE, FOR EXAMPLE,
VISUAL DEPICTIONS, SPOKEN WORDS, OR WRITTEN TEXT.
THE PURPOSE OF THIS MEASURE IS TO GIVE NOTICE TO ANY
WHO RESIDE OR VISIT REXBURG THAT CONDUCT THAT IS
FOUND TO BE “OBSCENE” UNDER THE MILLER TEST IS
PROHIBITED BY REXBURG CITY CODE.
ITEM A: ADULT ENTERTAINMENT & SEXUALLY EXPLICIT BEHAVIORS
DEFINITION:
Included but not limited to: any sexually explicit or sexually suggestive behavior
(1) when considered by the average person, applying contemporary
community standards, finds such behavior appeals on the whole to prurient
interests;
(2) describes or displays sexual conduct or activity in a patently offensive
way based on community standards;
(3) lacks any serious literary, artistic, political, or scientific value; or
(4) behaviors that would expose a child or minor to sexual materials
discussing sexually explicit behaviors and activities under the guise of
education, or with the purpose of normalizing such behaviors with children
or minors.
ITEM B: ADULT ENTERTAINMENT & SEXUALLY EXPLICIT BEHAVIOR
RESTRICTIONS:
All adult entertainment within the corporate limits of the City of Rexburg shall be
restricted to adult-only venues, with no admittance allowed by any child or minor
under the age of 18 years.