Home > Features > City of Los Angeles Files Suit Against AHF’s Condom Ballot Initiative • Bookmark   • Newsletters   • Register Search Options

FEATURE

City of Los Angeles Files Suit Against AHF’s Condom Ballot Initiative

City of Los Angeles Files Suit Against AHF’s Condom Ballot Initiative

December 12, 2011
Text size: 
Get XBIZ News
XBIZ Research
What will drive VR headset adoption among consumers?
Adult Entertainment
  36.49%
Hollywood Movies
  4.05%
Gambling / Gaming
  4.95%
Video Games
  54.50%
Out of 222 votes. Results based on votes submitted by members of XBIZ.net social network.

City of Los Angeles lawsuit against AHF says ballot measure is likely “unconstitutional,” and will waste taxpayer money -

A lawsuit was filed yesterday by the City of Los Angeles challenging the constitutionality of AIDS Healthcare Foundation’s (AHF) ballot initiative. The initiative, if passed, would force local officials to enforce mandatory condom regulations on adult production sets. Named as defendants in the suit are various AHF personnel, including AHF President Michael Weinstein.

Clearly AHF has chosen to squander its donors’ resources by filing frivolous lawsuits and ballot initiatives instead of providing valuable resources toward the prevention and treatment of HIV,” FSC Executive Director Diane Duke said. “It is heartening to know that the City of Los Angeles will draw the line on AHF’s political grandstanding when it comes to wasting taxpayer dollars.

“History has shown us that regulating sexual behavior between consenting adults does not work. The best way to prevent the transmission of HIV and other STIs is by providing quality information and sexual health service, all of which are successfully provided through adult industry protocols and best practices,” Duke added.

The city’s complaint argues that the ballot proposal is preempted by state regulations that require barrier protection on adult sets and that enforcement of those regulations falls under state jurisdiction. There have been two previous rulings in complaints filed by AHF, where the judge decided that L.A. County officials are not compelled to enforce regulations on behalf of state health & safety agency Cal/OSHA.

The city also states that the process involved in bringing the ballot measure to the voters would be a “waste” of taxpayer money. The complaint went on to say that the ballot initiative is potentially unconstitutional; if passed by voters in June, the city raised concerns of more money being spent if the initiative was overturned on constitutional grounds.

“The City of Los Angeles has acted responsibly to protect the taxpayers from enacting an unenforceable measure preempted by State Law. The adult industry has been extraordinarily successful in preventing HIV infections through its testing protocols and self-regulation,” Free Speech Coalition (FSC) Board Chair Jeffrey Douglas said.

FSC has worked with industry stakeholders, compliance experts and legal advisers to develop the FSC Bloodbourne Pathogen Plan, and other policies for industry appropriate regulations.

In April, when Adult Industry Medical Healthcare (AIM) clinic was closed, largely due to legal attacks by AHF, FSC stepped up to provide Adult Production Healthcare & Safety Services (APHSS.org) as a resource for performer testing and production protocols.

“Thankfully, the Los Angeles City Attorney’s office is acting in an abundance of caution and not simply marching to the tune called by Michael Weinstein,” attorney and APHSS.org legal adviser Karen Tynan commented.

“The industry is working with the state toward adopting industry specific and industry appropriate safety standards, and these efforts by AHF and Michael Weinstein are an attempt to interfere in that process,” Tynan said. “The Los Angeles City Attorney is correct that the ballot initiative would be a complete waste of taxpayer money.”

A PDF of the filing can be seen here: LA v. AHF

(Graphic: Courtesy of Dark Evil)


BUSINESS ANALYSIS

Male Sex Enhancers: Manufacturers Discuss Top Sellers

There was a time when male sex toys weren’t nearly as visible as they are now. In the 1970s and 1980s, for example, male sex toys were typically found along West 42nd Street in the old adult stores... More »

Men’s Products: Sexual Health Awareness Boosts Sales

In recent years, terms like “health and fitness,” “wellness” and “all-natural ingredients” have been used more and more in connection with men’s sex toys. These... More »

Male Toys: Innovation, Quality and Variety Driving Sales

The market for men’s sex toys is evolving, and an expanding variety of men’s products means new popular products and new trends that retailers are striving to keep up with. At Hustler Hollywood,... More »
XBIZ NEWSLETTERS
Stay informed of the latest industry developments. Get XBIZ newsletters delivered to your inbox. Subscribe today!
Enter email address:

* To manage existing subscriptions click here.






POPULAR PRODUCTS & SERVICES
Submit your press release to
multiple news outlets with 1 click.
Subscribe to RSS news feeds or
add free content to your website.
Access XBIZ news and articles
with your mobile device.
Subscribe to XBIZ Premiere magazine, the industry's leading adult retail trade publications, delivering the most timely and comprehensive business news and information to producers and retailers of adult products.

UPCOMING EVENTS

Sexpo

May 12 - May 15
Sydney, Australia

Adultcon Los Angeles

May 14 - May 15
Los Angeles, California

Eurowebtainment

May 25 - May 28
Majorca, Spain

XBIZ Miami 2016

May 31 - Jun 03
Miami, Florida
Everyday thousands of business professionals browse XBIZ's industry directory for quality products and services. Not listed yet? Your company could be losing potential new business. Submit your company today!
Use XBIZ RSS feeds to stay informed of the latest industry developments or as a content syndication tool for your website!