YNOT – A group promoting passage of the controversial ballot initiative aimed at forcing condom usage on adult film sets violated California election laws by producing and airing a television advertisement, opponents of the measure charge.

The No on Government Waste Committee, composed of mainstream, adult and charitable entities that oppose Measure B — the so-called “Safer Sex” initiative on the Nov. 6 ballot — filed an official complaint with the California Fair Political Practices Commission on Tuesday. The complaint states the ad, allegedly financed by Los Angeles-based AIDS advocacy group AIDS Healthcare Foundation, runs afoul of several California code sections pertaining to proper disclosure and use of disclaimers.

“For all the money the AIDS Healthcare Foundation spent on paying the actors in this ad instead of providing healthcare services in underserved and minority communities of Los Angeles, one would think it could have done a better job following the state regulations governing disclosure and disclaimers,” said James Lee, communications director for the No on Government Waste Committee. “Every step of this effort to force a new, costly government inspection program has been badly fumbled by AHF, beginning with a Los Angeles city ordinance that proved unenforceable and now a county campaign potentially violating state law.”

The television ad in question features former adult industry performers Darren James and Derrick Burts and began airing Sept. 17. According to the complaint, the ad:

• Violates California Government Code Sections 84501, 84503, 84504 and 2 CCR Sections 18450.1, 18450.3 and 18450.4 by failing to display a “paid political ad” disclaimer for the required time period. The ad has no audible disclaimer, and written disclaimers are illegible, the complaint states.
• Violates California Government Code Section 84511 and 2 CCR 18450.11 by failing to disclose the performers featured in the ad were paid to appear and endorse Measure B.
• Violates California Government Code Sections 82047.5, 84107, 84504 and 2 CCR Sections 18247.5, 18402 by failing to disclose the name of the entity that paid for the ad.

The California Fair Political Practices Commission has indicated it will open a review of the complaint. AHF, which has been notified of the complaint, may respond by objecting or voluntarily taking action to correct the perceived deficiencies in the ad.

“What this [action] does not change is the monumental waste of taxpayer money that would be spent if Measure B passes,” Lee said. Measure B “is a solution in search of a problem, and there is none in the adult film industry, where a mandatory testing program has kept the infection of sexually transmitted disease among performers to an absolute minimum. Name any other workforce that is required to pass tests for HIV, syphilis, gonorrhea and chlamydia every 14 to 28 days in order to work. The testing system works and is far superior to what any member of the general public is subjected to.”

According to the California Dept. of Public Health, 6,447 new cases of HIV were reported in Los Angeles County between June 30, 2008, and June 30, 2011. Only two of those cases occurred in adult performers, Lee said, and neither of the performers contracted the disease on-set. Since 2004, there have been no documented instances of HIV transmission on an adult entertainment set, he noted.

Measure B, heavily backed by AIDS Healthcare Foundation, would require the Los Angeles County Department of Public Health to license and issue permits for adult movie productions in the county. The measure also would require performers to wear condoms in all sexually explicit scenes. No on Government Waste maintains the measure would create an unworkable system of on-set inspections and enforcement by county personnel.

The county estimates initial start-up costs for the program would exceed $300,000 and acknowledges that should the measure pass, the Department of Public Health would incur significant costs in enforcement regardless the level of cooperation from the adult film industry.