Condoms In Porn Enforcement: LA County Board Of Supervisors Discuss How To Implement, Enforce
from http://www.huffingtonpost.com/2012/11 By Kathleen Miles
After LA County voters passed Measure B, which mandates condoms on porn sets, the LA County Board of Supervisors is trying to determine how they will implement and enforce the new law.
The answer will likely involve county inspectors on porn sites to make sure condoms are being used, surprise inspections of unlicensed porn shoots and even watching completed adult films, according to the Los Angeles Times.
But adult film performers have raised obvious concerns. “I have a hard time picturing a cop on set saying, ‘Excuse me, I need to inspect your penis,’” porn star Ron Jeremy said to the NY Daily News.
David Sommers, a spokesman for the Board of Supervisors, admitted that the Board is new at this. “This type of enforcement is a new thing for us and it’s a one-of-a-kind law and so how we move forward with its implementation is a conversation we’re just beginning to have," he told Reuters.
The new law, effective immediately, requires porn producers to purchase a health permit from the county. Then, just as with restaurants, the county will inspect permitted sites, and, if health violations are found (i.e. condoms are not used), the operation will be shut down.
According to the Times, enforcement will involve creating a new bureaucracy complete with inspection schedules, a permitting process, a training program for dealing with bodily fluids and a special vault for evidence seized from movie sets.
But critics say it will be nearly impossible to enforce because producers will shoot without condoms when inspectors are not there because viewers expect porn without condoms. Producers may also choose not to register and to shoot in privates homes, which is currently common.
Condom use on porn sets is already mandated by state and city laws. But those are rarely enforced, as state inspections and consequent fines only happen if there are complaints, according to the LA Daily News.
The Free Speech Coalition sent a letter Wednesday to the Supervisors saying that it will challenge the county law in court on the grounds that it is "unconstitutional … forced expression" and that it "falls within the jurisdiction of the state of California rather than local government."
However, David Weinstein, president of the AIDS Healthcare Foundation, which spearheaded the measure, said that every industry is covered by workplace safety laws, and adult film should not be an exception. "We don’t believe that any court of law in California is going to decide that this industry should be exempt from workplace protections," he told Channel 24.
But the public health effort could be thwarted if porn producers don’t purchase permits at all. If 50 one-year permits are issued, the cost per permit would be roughly $11,658, the board estimates. And producers, saying the mandate will add additional costs, delays and lower viewership, are saying they will move production to Las Vegas or even Hungary instead of paying the price here.
Enforcing the measure does not need to be complicated or pricey. Producers are required to get a filming permit. As part of that requirement, require them submit a copy of any scene shot that is associated with that permit. It can even be uploaded to a website. A health inspector can fast forward through the footage. It’s pretty obvious whether talent is or isn’t wearing a condom upon the first act of penetration. Surprise inspections don’t need to be expensive either. Prosecutors gathered the evidence they needed to go after Rob Black, Max Hardcore and the Scat guy by subscribing to websites, you can do suprise inspections by monitoring scenes online.
That’s not how the law is written, and it’s not the intent behind the law.
Did you know that on election night, Weinstein paid for 3 or 4 satellite feeds originating from “AHF Headquarters”, so (if the results came in early enough) he could go live nationally to congratulate himself?
The intent of the law is to keep the issue ongoing; for Weinstein to have an ongoing “enemy” to use in fundraising and promotional efforts. He’s looking forward to lawsuits over this poorly-written law. The LA County Board of Supervisors know what he is, and they expect to be sued by him no matter what they do in terms of implementation rules or enforcement.
The war is not meant to be won, it is meant to be continuous. — George Orwell
Weinstein still befuddles me, what’s the end game, or like the quote from Orwell, he likes this game and the power. At least he has a clue, unlike Karl Rove, I think anyone who has been giving him money now for the last four years has to question after seeing him batshit on Fox on election night over Ohio. On another topic, Lying Larry Walters says FLA is good for the porn biz. I bet Larry said the same thing to all his internet poker clients. I think porn needs some real lawyers finally, I mean Stagliano was the only one who had a real legal team. Someone needs to get a real LA or SF law firm involved, real litigators, real lobbyists, etc., which means we’re screwed.
Larry — There’a bunch of excellent attorneys on board at the moment, although I wish the powers that be had listened to a couple of them earlier.
Weinstein’s end game is power and the feeding of a monstrous ego, my equine friend. When it comes right down to it, Weinstein is a small, petty man.
Win or lose in the end, Weinstein is getting a ride on the porn industry’s coattails. He’s currently getting a strong response from donors with his high-profile war on porn, and he’s getting all the PR he thinks an AIDS czar such as himself merits. As long as he’s embroiled in some fight — political, legal — he gets what he wants. If he loses a court case, he’ll just file another. There are only two ways to deal with an opponent like him: 1) The wins against him must be decisive (such as a case affirmed on appeal) so that he is prevented from continuing down that avenue; and 2) the pursuit of these fights must be made too costly in and of themselves. AHF can be beaten, and Weinstein can be shamed.
Weinstein stopped appearing personally to take part in several debates over Measure B in the last week before the election, because No on B was publicly raising the issue that AHF had overbilled the state for false expenditures, and that the organization had been playing fast and loose with its contributors’ donations and even government grants.
You remember this scene in The Godfather part 2?
Michael Corleone: I saw a strange thing today. Some rebels were being arrested. One of them pulled the pin on a grenade. He took himself and the captain of the command with him. Now, soldiers are paid to fight; the rebels aren’t.
Hyman Roth: What does that tell you?
Michael Corleone: They could win.
This is a fight not just for freedom, but also for survival. We can win.
And that’s the spirit we have to keep Mike!
They will not destroy us. San Diego sounds good.
The simple fact of the matter is porn people are cheap. In 15 years in the business i never once got a shooting permit or a location permit. Even when we had 2 big rigs parked in the streets. It was simpler to just give the officers a $50 each and let them enjoy lunch. The same thing will happen here law enforcement honestly does not sweat the simple shit in LA they have real crime to worry about. Code enforcement officers will come by get a coffee receive a $100 and go there merry way.
If not no one will shoot in LA county we will all go to out lying area or entirely new places and bleed LA dry of the billions the economy was generating for them. Phoenix is a prime example of a welcoming city. I worked for a company in AZ never once had an issue they loved us. We hired the locals gave them jobs. payed our taxes and cause zero trouble. This Weinstein fellow sounds like a total douche bag so you need to treat him as one and play on his level or below. Eventually guys like this cross the wrong person and we all know from the Corleone reference what happens then. I hope his dues are current with the Jewish mafia cause they don’t like disruptions to the money flow.
We are now in 2012 with totally different porn industry. financially it does not abring in billions of dollars to los angeles any longer. If anyone can provide proof of this please cite to a legitimate resource. As stated multiple times filming is down. for crying out loud penthouse magazine just released most of all it’s employees from new york. Lack of magazine
sales. The same has been happening and will be happening even more to porn industry. I am just going to pick any recent movie. How many sales do you think the porn parody Batman sold and that was considered a popular movie. someone please state if they have accurate #. Porn talent websites are doing very poorly some better than others. again piracy, lack of interest, porn is not as big an industry where the industry can sway decisions in los angeles county like it could say 5 years ago. Also if you will notice there is not much new talent coming up that blows people away like in the past ten years.
Jeremy honestly can you make a decent living shooting scenes in the porn industry, and when i say decent i mean above $75,000 per year.
I blame Manwin for the mess. They opened/bought tube sites (all the while lying thru their teeth and saying they didn;t own them) and shared everyone’s material devaluing the profits. They then went around and bought up all the porn companies for a fraction of what they once were.
Its like a real estate baron buying up whole neighborhoods and having thugs chase out the old ladies that refuse to sell and move.
Couldn’t they avoid the condom issue and STILL use condoms by having the girls wear female condoms? They would be hidden from sight pretty much…
I dont know CS, havent done it a while and havent pursued it seriously in a very long while
Even if they could, AHF would not be satisfied. Weinstein wants condoms shown — it’s all about sending a message about condoms.
To quote Weinstein, earlier this month: “”We’re in the business of promoting condoms.”
And bu$ine$$ is booming.