FSC: Condom Ordinance Update — Part 1

This is the first of a three-part series designed to clarify the mandatory condom regulation activity in the City of Los Angeles, Los Angeles County and the state of California. The purpose of this series is to provide up-to-date information to FSC Members and the industry at large: information on the status of current regulations, anticipated regulatory activity, and FSC plans for opposition.

What is the Status of the LA City Mandatory Condom Ordinance for Adult Productions?

Early in 2011, AIDS Healthcare Foundation (AHF) brought the issue before the Los Angeles City Council. The council voted down the proposed regulation because the City Attorney deemed that it was a state issue and that the city had no jurisdiction. On July 20, 2011, in an unprecedented act, CalOSHA sent a letter to the city of Los Angeles stating that the city does have jurisdiction because the city “does not seek to enact an occupational health and safety standard but rather a public health standard applicable to any film activity (regardless of employment relationship) within the city boundaries”.

On Thursday December 1, 2011, AHF submitted 70,000 signatures to the Los Angeles City Clerk’s office to put an initiative on the June ballot that would tie the provision of film permits with a regulation mandating condoms on adult production sites. It is estimated that AHF spent at least $350,000 for paid signature gatherers to get the initiative on the ballot.

Late December of 2011, the Los Angeles City Attorney filed suit against AHF arguing that putting the proposed initiative on the ballot would be too costly for the City--$4.4 million. Furthermore, the City Attorney argued that the initiative would be a waste of taxpayer funds because the jurisdiction rests at the state level and that the initiative is likely unconstitutional.

On January 10, 2012, the LA City Council chose to bypass the ballot and passed a city ordinance that ties the provision of film permits with the mandatory use of condoms on adult production sites. To clarify the contents of the ordinance, the ordinance applies to offsite shoots; shoots in sound stage do not fall under this regulation. There are no “adult” film permits, only film permits that include nudity. Film LA—the entity that grants permits—reports that it grants approximately 40 permits for shoots that contain nudity per month and many of those are permits for mainstream productions.

On Monday January 23, 2012, LA Mayor Villaraigosa signed the ordinance into law. The law went “into effect” March 5th. The City Administrator’s Office (CAO) has been tasked with developing a process for implementation.

The CAO has held two work group meetings gathering information from the Fire and Police departments as well as FILM LA. All of these entities reported that they do not have a structure set up that is conducive for this type of regulatory monitoring and enforcement. Moreover, FILM LA, FSC Board Chair Jeffrey Douglas and industry attorney Michael Fattorosi pointed out a number of Constitutional concerns with content-based enforcement.

At the last work group meeting, the City Administrator said that they will have another meeting of the work group prior to the May 16th City Council meeting where the CAO is supposed to report the results of the work group. As of this writing, no meeting of the work group is scheduled. Realistically, no prosecutions can take place until the City has developed a clear plan for implementation and a means of enforcement.

FSC will be at the upcoming meetings, speaking up for the industry. Additionally, FSC will continue to monitor the situation and update the industry as developments take place.

Stay tuned for part two where we will discuss the proposed LA County ordinance.

The Free Speech Coalition is the national trade organization to the adult entertainment industry. Its mission is to lead, protect and support the growth and well-being of the adult entertainment community.

Related:  

Copyright © 2024 Adnet Media. All Rights Reserved. XBIZ is a trademark of Adnet Media.
Reproduction in whole or in part in any form or medium without express written permission is prohibited.

More News

Nebraska Legislature Passes Republican's Age Verification Bill With No Votes Against It

Nebraska’s unicameral legislature has passed the state’s version of the age verification bills being sponsored around the country by anti-porn religious conservative activists.

Performers in Meta Blacklisting Lawsuit Seek to Preserve Antitrust Claims

Adult Performance Artists Guild board officers Alana Evans, Kelly Pierce and Ruby have informed a California court that, although they want to drop their lawsuit claiming that Meta conspired with OnlyFans to blacklist rival premium fan platforms’ talent, they may still have antitrust claims that they may pursue in the future.

Skylar Snow Headlines 'Infidelity 4' From Sweet Sinner

Skylar Snow toplines "Infidelity 4," the latest release from Mile High Media studio brand Sweet Sinner.

Serenity Cox Stars in 'Enjoy It' From MILFY

Serenity Cox stars with Alberto Blanco in "Enjoy It," from Vixen Media Group studio imprint MILFY.

Melissa Stratton Stars in Finale of Wicked's 'So Extra'

Melissa Stratton and Robby Apples star in the final scene from Wicked Pictures' "So Extra."

BiPhoria Drops Jim Powers' 'Saying GoodBi'

BiPhoria has released director Jim Powers' "Saying GoodBi."

FSC, Co-Plaintiffs to Ask US Supreme Court to Review Constitutionality of Texas Age Verification Law

Free Speech Coalition (FSC) and its co-plaintiffs in the challenge to Texas’ controversial age verification law have filed a petition before the United States Court of Appeals for the 5th Circuit asking to stay its recent upholding the law because they intend to appeal to the U.S. Supreme Court to review the law’s constitutionality.

Jade Venus, Kasey Kei Star in 'Trans Rave' From GenderX

Jade Venus and Kasey Kei star in "Trans Rave" from GenderX, directed by Jim Powers.

FSC Vows to Fight Florida Age Verification Law

Free Speech Coalition (FSC) issued a statement vowing to continue fighting Florida’s age verification law, which was signed by Gov. Ron DeSantis on Monday as part of a comprehensive bill targeting minors’ use of social media.

Kansas Republican Aims to Create New Bureaucracy to 'Investigate' Porn Websites

Republican state legislators succeeded Monday in moving forward Kansas’ version of the age verification bills being sponsored around the country by anti-porn religious conservative activists, despite serious concerns raised by House Democrats about the cost of establishing a new bureaucracy tasked with investigating websites for pornographic content.

Show More