YNOT – While an adult industry challenge to the mandatory condom ordinance in Los Angeles County, Calif., moves forward in federal court, the industry’s trade association is seeking help to block a bill that would impose similar restrictions statewide.
On Tuesday, U.S. District Court Judge Dean D. Pregerson granted a motion allowing AIDS Healthcare Foundation to intervene in Vivid v. Fielding, the case seeking to enjoin enforcement of L.A. County’s Measure B, officially known as the Safer Sex Ordinance for Adult Productions. AHF, which spent an estimated $6 million to finance Measure B’s November 2012 passage, asked to intervene on behalf of the ordinance, not the county, arguing both that it has a significant stake in the outcome and that county officials did not intend to mount a viable defense. Pregerson found the arguments compelling.
“The court finds that [L.A. County’s] clear statement that it does not intend to defend Measure B in this litigation is sufficient to indicate that they are not adequately representing [AHF’s] interests,” Pregerson wrote in his ruling. “Insofar as [the county has] indicated that they do not intend to make arguments in support of the constitutionality and other validity of the Measure, there is a clear indication of their inadequate representation of the interests of [AHF]. Because [the county] decline[s] to defend the Measure substantively, [AHF] will offer an element to the proceedings that would otherwise be neglected, namely, a full defense of the constitutionality and validity of the Measure.”
What remains now, it appears, it a court battle between the adult industry’s legal artillery and the well-financed big guns backed by AHF.
AHF, a charitable organization ostensibly devoted to providing medical care and advocacy for those living with HIV/AIDS, wrote Measure B and had the ordinance put before voters as a ballot initiative after L.A. County lawmakers rejected an attempt to pass the ordinance at their level. More recently, the organization has taken a similar approach at the state level with Assembly Bill 332, which would mandate the use of barrier protection and institute other requirements for adult movie sets statewide. AB 332 faces a hearing before the State Assembly Labor Committee on April 24.
On Tuesday afternoon, adult industry trade organization Free Speech Coalition issued a call for its members to contact state legislators and urge them to kill the bill in committee. FSC distributed a suggested letter of opposition members may mail or fax to legislators, whose addresses and phone numbers the organization also provided. The letter and contact information are available on the FSC blog.
“This proposed legislation is overbroad and was written without the input of those most affected by it — the producers and performers of the adult film industry,” the proposed letter states. “If allowed by California lawmakers, AB 332 will effectively drive the adult industry out of California to areas where responsible, appropriate regulation will be difficult, if not impossible, to enforce….
“In any case, matters related to workplace safety fall under the jurisdiction of state agency Cal-OSHA; to shift responsibility for enforcement of any workplace safety-related legislation to local municipalities and counties is an unnecessary burden to taxpayers in those locations, who would be charged with providing significant resources and infrastructure in order to provide enforcement of such legislation,” the letter concludes. “Please, do not support AB 332 — this legislation is poorly written, unnecessarily overbroad and addresses a problem that doesn’t exist.”
