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another location. Dr. Scharbach advised that other tenants on the block and across the street are suffering the same losses, and stated it is not a pro-life or pro-choice issue, but an access issue. Barbara Anderson, Cordilleras, San Carlos, advised Council that she and her pro-life colleagues have been marching outside the Choice Clinic for 3.5 years and have never blocked access to it, and they are there only to provide alternatives to abortion. At this time City Attorney Schricker suggested that the issue of access had been aired. Councilman Murray agreed that the issues had been clearly laid out and they had heard sufficient information from the speakers about the nature of their complaints, and asked the City Attorney to describe what the experience of other communities has been and what they are doing in similar situations. Jim O'Connor, owner of 650 Main Street and corner of Main and Marshall addressed the issue of access and agreed to hear City Attorney Schricker's explanations. City Attorney Schricker advised that Redwood City was a pioneer as to what cities have done in trying to control the kinds of disturbances mentioned tonight which basically grew out of the abortion issue, and the particular conduct addressed was related to the disruption of business. A few years ago Redwood City adopted an ordinance which provides for a narrow area of regulation, the violation of which is an infraction, intentionally blocking the access to a lawful business. The City successfully prosecuted 133 cases under this ordinance a few years ago. City Attorney Schricker addressed the issue of advertising, and stated the Redwood City ordinance concerns commercial speech which enjoys less protection than first amendment or pure speech and cannot be applied to the pictures discussed tonight. City Attorney Schricker advised that the kind of behavior described tonight may indeed be a violation of the penal code for assault and battery and blocking access, and sufficient to cause an arrest. City Attorney Schricker advised a court order analogous to labor disturbances does not apply to the City, as injunctive orders relating to picketing are peculiar to labor problems and covered under the Code of Civil Procedure, but private property owners might be able to seek a civil remedy, there might be some private civil rights that could be enforced by the property owners if they can show there has been a decline in revenues due to the activities carried on by the protesters, but the City does not have standing to do that. In response to Councilman Murray's questions concerning the situation in New York and the laws on nearness of protesters, City Attorney Schricker advised that the situation in New York where they kept protesters across the street is different from the situation in Redwood City because in New York a public facility was involved. City Attorney Schricker advised that there are laws on the books to arrest those people who block streets or sidewalks, and the police are prepared to act. However, getting necessary testimony proving the violation in court beyond a reasonable doubt can be diffi cult. Regular Meeting Minutes MINUTE BOOK NO. 51 August 3, 1992 -- Page No. 154 Page 4