Working Group Postpones Results of Report on Condom Ordinance Enforcement
At the City Administrator’s office this morning, the Working Group on the City of Los Angeles Safer Sex in the Adult Film Industry Ordinance met to review a report on enforcement strategy for condom ordinance on adult sets.
The meeting was started and it was announced that the Working Group report on enforcement was not ready and that another meeting would be scheduled next week, when the report should be completed. Despite the postponement, a public commentary period was allowed.
Adult industry members that attended the meeting included Immoral Productions owner/producer Dan Leal, industry attorneys Michael Fattarosi and Allan Gelbard, FSC Executive Director Diane Duke and Membership/Communications Director Joanne Cachapero.
Among those in the Working Group were representatives from L.A. Fire Department, Film L.A., the city council, the city attorney’s office and the department of public health. L.A. Police Department and Cal-OSHA representatives were absent.
During the public commentary period, Leal reported a situation that occurred last night on a webcam shoot for Immoral Productions. Leal said Los Angeles police had visited the set and that a citation had been issued to the camera operator (an independent contractor), for shooting a commercial production without a permit. Leal requested for the group to clarify if permits where required for any commercial shoot, even including a husband and wife that might produce amateur webcam content for profit in their home.
Leal and those present were informed that permits are required for any commercial production that is not shot on a soundstage.
FSC’s Duke then spoke, pointing out that the adult industry should not be treated differently than other entertainment media, based on sexually explicit content.
“You deal with film permits everyday,” Duke said, “but if the adult industry is going to be treated differently, then we have a problem with that.”
She went further to explain that an ordinance applied specifically to the adult industry would put the industry in a position to experience other forms of discrimination and censorship.
At that point, AIDS Healthcare Foundation (AHF) representative Mark McGrath was allowed to speak on behalf of the HIV nonprofit organization behind the push to enforce mandatory condom law.
He called the adult entertainment industry an “outlaw” industry, and said the industry had been violating condom regulations all along. He said that it was time for the industry to have a “modicum of corporate citizenship,” in regards to condom use. And he also stated that the city should call for RFPs (request for proposal), in order to establish contracts for enforcement staffing.
Speaking last, industry attorney Gelbard talked about the constitutionality of the condom ordinance.
“One point is very clear,” Gelbard said. “The statute is unconstitutional.”
He cited case law, referring to cases including Freeman v. California, and precedents establishing the legal and First Amendment protections for the adult industry. On the issue of freedom of expression, Gelbard noted that producers cannot be compelled to send a “safe sex message,” because this would infringe on the producer’s right of expression. He also called the ordinance “content-based” and assured the group that the ordinance would not withstand closer scrutiny in court.
The meeting was adjourned shortly after the commentary period. The next and final meeting of the Working Group will be scheduled for next week.
The writing is on the wall. AHF (and the folks that they have fooled) have got it out for porn makers big time. Folks need to seriously consider moving out of the area or shooting underground like it was in the 70s.
AHF’s McGrath “stated that the city should call for RFPs (request for proposal), in order to establish contracts for enforcement staffing.” Yep. Everyone on our side of the room rolled their eyes at that one.
A request for proposal (RFP) is issued at an early stage in a procurement process, where an invitation is presented for suppliers, often through a bidding process, to submit a proposal on a specific commodity or service.
I wonder who AHF has in mind to supply taxpayer-paid condom police staff?
@Michael…errrrr, themselves??
I mean, wasn’t it them who acted under the cover of LADPH and CalOSHA to force their way to performers’ homes with “warrants” and syringes, calling for blood samples?
I guess that they don’t even trust the LA Vice Squad to do their snooping for them.
OH…and here’s my personal take on all this, via BPPA:
Porn Panic 2012: The Weinstein-Lubben Model Extended… (Blog of Pro Porn Activism)
Move out, my ASS…we need to FIGHT this first.
The incident to which you refer was WITHOUT a warrant — and funny you should mention it just after I write about Mark McGrath, who worked for LA County Dept of Public Health prior to moving full-time to AHF.
Why do I think that’s notable? No reason.
Um. Am I alone on this one? Why doesn’t a sister organization of the FSC submit a RFP–like APHSS, LATATA, or PAW?
Oh there will be no shortage of porners willing to sell out the biz and become the condom police. Its what porners have done for too many years now, sell out for peanuts, kinda like the FSC sold out to Manwin and the tube sites, ASACP sold out to .XXX hell i remember when porners were turning each other in for shooting without a permit….
1st time a porner gets busted for coke or something similar they will be happy to be a narc for the condom/permit police.
I think having the Industry doing it’s own enforcement is better than AHF.
But I see your point about Manwin. There needs to be massive legal action taken against them ASAP–à la Megaupload. The Feds might be willing to investigate…
How about shooting in Argentina and other really Beuatiful South American Counties. Just have the girls like they are doing now, Go down there tested. Shoot like 3 condom scenes here in LA and then the rest bareback and tested in South America by content shooter’s. And you still have condomless sex scenes. AHF and OSHA and LAPD can’t say a fucking thing. Proof is in the Cum shots and paper work from there.
xxxxx bewareXXXX We have another nut ball stalker by the Name is Nick BoneHead…and ur Nick Boners. Former Jim powers Bukkake boy who is starting to “act” like the formely living Steve Driver. He is becoming sexually frustrated and Agaitated that some of the Male talent in the business are getting more work than him. He has gone to length to “harrase” some of the girls in the Industry. He is the former Republic of yogoslobia and is now a MOPE, living in West Hollywood. If anybody can, gived this guy some help and get him a gig. He’ll even take a PA mop job, anything , he needs to pay his rent over there in WeHo. He is also a friend of Cindy Loftus , he claims. Ok from Malibu, have a good and warm Porn day.