L.A. May Hand Over Condom Enforcement to County

Rhett Pardon

LOS ANGELES — City Council will vote Wednesday on whether to adopt Los Angeles County's new porn-condom regulations and authorize the county to enforce them within city limits.

On Wednesday, City Council will hear communication from the city attorney to consider amending  the Municipal Code to adopt the Los Angeles County health regulations imposed by Measure B, which requires producers of adult films to apply for and obtain a county health permit for porn shoots as well as a film permit.

Measure B, which hasn't yet been implemented within the county, is being legally challenged by Vivid Entertainment as well as two adult performers in federal court. But there have been no injunction in the case halting its enforcement.

City Council also will hear from the city attorney on allowing the county to enforce the ordinance despite the fact that fiscal and community impact analyses and statements haven't been submitted.

Diane Duke, who leads the Free Speech Coalition, told XBIZ on Tuesday that the city never figured out how to implement the city ordinance and estimated the minimal cost to do so would.

"Thus when Measure B made it to the ballot, they communicated their intention to adopt the county standards," she said. "This is just a formal adoption of their intentions all along. Adopting the county regulations allows the city to pass along the expense of mandatory barrier protection regulations to the county."

In January, council asked City Attorney Carmen Trutanich to draft an ordinance that would adopt the language of Measure B.

The council also asked for Trutanich's office to deliver an ordinance that amends city Ordinance No. 181989 to include the language and intent of Measure B.

Ordinance No. 181989 was passed by council in January 2012, just prior to the AIDS Healthcare Foundation 's big push for the county's Measure B.

The AHF sponsored both the city and county laws, as well as Assembly Bill 332, which has stalled but is still alive at the state Legislature. The two-year statewide porn-condom bill could resurface by fall.

Miguel Santana, the Los Angeles' city administrative officer, gave the city three options in January over the ordinance: Repeal city Ordinance No. 181989 and replace it with the county ordinance, requiring a ballot measure and voter approval; adopt both the city and county ordinances and resolve conflicts in enforcement as they arise; or amend City Ordinance No. 181989 to include the language and intent of county measure.

The city already has updated language on film permits, which are administered by FilmLA Inc. Those updates require permittees to "comply with all applicable federal, state and local laws, regulations, ordinances and rules, including all applicable federal and state regulations for workplace safety and requirements for workers' compensation insurance for all persons operating under this permit as well as all applicable regulatory, environmental, safety and other standards of care in carrying out the activities that are subject of this permit."

The city also has added a section to the "Filming Activities" list of the permit that includes "non-simulated sexual activity."

"If that section is selected by an applicant, indicating that non-simulated sexual activity would be filmed, then the following language is inserted into the 'Generic Conditions' section on the actual permit: Permittee must abide by all applicable workplace health and safety regulations, including California Code of Regulations Title 8, Section 5193, which mandates barrier protection, including condoms, to shield performers from contact with blood or other potentially infectious material during the production of films," Santana said.

City Council meets on Wednesday at City Hall, 200 N. Spring St., Los Angeles. The meeting allocates time for public comment.