[COLOR=#FF0000]This is the first in a three-part series designed to clarify the mandatory condom regulation initiative in the City of Los Angeles, Los Angeles County and the state of California. Provided by the adult industry trade association Free Speech Coalition, the series is intended not only to educate California-based producers of adult entertainment about enacted and pending ordinances and regulations, but also to serve as advance notice to producers outside California that similar legislation could be in the planning stages in their local areas.[/COLOR]
By FSC Staff

YNOT – In early 2011, AIDS Healthcare Foundation brought the issue of condom usage on adult film sets before the Los Angeles City Council. The council voted down proposed regulation because the city attorney deemed the matter a state issue over which the city had no jurisdiction.

On July 20, 2011, in an unprecedented act, the California Occupational Safety and Health Administration sent a letter to the city of Los Angeles stating 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 Dec. 1, AHF submitted 70,000 signatures to the Los Angeles City Clerk requesting a ballot initiative mandating condoms be used in all adult productions that sought filming permits be placed before the voters in June 2012. It is estimated that AHF spent at least $350,000 for paid signature gatherers to get the initiative on the ballot.

In late December, 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 at an estimated $4.4 million. Furthermore, the city attorney argued that the initiative would be a waste of taxpayer funds, because jurisdiction properly rests at the state level. In addition, the lawsuit called the proposed initiative “likely unconstitutional.”

On Jan. 10, 2012, the LA City Council bypassed the ballot and approved a city ordinance tying the provision of film permits to the mandatory use of condoms on adult production sites. The ordinance applies only to films shot on location; shoots in sound stage do not fall under the regulation.

To be clear, Los Angeles does not issue “adult film permits,” but instead requires any film shot on location and depicting nudity to be permitted prior to shooting. Film LA, the entity tasked with evaluating applications and granting permits, reported it grants approximately 40 permits for nudity per month, and many of those are for mainstream productions.

On Jan. 23, LA Mayor Antonio Villaraigosa signed the ordinance into law, to be effective March 5. The City Administrator’s Office was tasked with developing a process for implementation.

The CAO has hosted two work group meetings to gather information from the fire and police departments as well as Film LA. All of the entities reported they include no existing structure for regulatory monitoring and enforcement of the new ordinance. Moreover, Film LA, Free Speech Coalition Chairman Jeffrey Douglas and adult industry attorney Michael Fattorosi pointed out a number of constitutional concerns with content-based enforcement.

During the second work group meeting, the CAO indicated it will host another meeting of the work group prior to the May 16 city council meeting during which the CAO is expected to report the work group’s findings and recommendations. As of this writing, no meeting of the work group has been scheduled.

Realistically, no prosecutions can take place until the city has developed a clear plan for implementation and a means of enforcement.

FSC will attend the upcoming meetings to represent the adult entertainment industry’s interests. Additionally, FSC will continue to monitor the situation and update the industry as developments take place.

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