Tuesday, April 12, 2011

Porn Panic 2011 Update #..Errrr, Whatever: LA City Attorney Nixes AHF Attempt At Imposing Condom Mandate Through LA Film Board

Remember that study that the Los Angeles City Council had induced the local city attorney to produce that looked at whether the city could force the LA Film Board to deny permits to porn shoots within LA unless mandatory condom usage was imposed?? That was the study that was forced when four LA city council members (all of whom took money from AIDS Heathcare Foundation head honcho and leading condom mandate booster Michael Weinstein) urged the council to unaminously investigate whether or not they could simply by feat force condoms on the industry.

Well, the study is now out, and the answer has been given. And it is, as expected, a resounding.....HELL TO THE NO.

I'll just let XBiz take it from there:


City Attorney Says L.A. Can't Enforce Condoms on Set


LOS ANGELES — Los Angeles City Attorney Carmen Trutanich's office has recommended to City Council to leave language regulating permitted porn shoots unchanged because it lacks jurisdiction to control them further.

"It is the opinion of this office that the current permit language covers the use of condoms on all permitted adult film sets to the extent that the city may legally do so," according to a letter sent to councilmembers last month from deputy City Attorney Kimberly Miera and obtained by XBIZ. "Based on the current permit language, along with the jurisdictional concerns in regulating workplace safety issues, our office recommends the permit language remain unchanged."

In February, City Council unanimously voted to instruct the city attorney to investigate mandatory condom use in porn movies. Councilmembers in December, with the insistence from the AIDS Healthcare Foundation, introduced a motion that would require production companies to have performers wear condoms in order to receive film permits.  

While a City Council committee slated the issue for discussion today, the advisory to city leaders from the City Attorneys office will likely deaden the measure that was first introduced by Councilman Bill Rosendahl.

In the letter, the City Attorney's office said that while the LAPD has the authority to revoke adult film permits in the event the conditions of the permit are breached, "as a practical matter, due to issues of preemption and the high level of staffing that would be required, it is doubtful the City of Los Angeles can actively enforce the wearing of condoms on adult film sets."

The City Attorney's office also noted that the city is  preempted from enforcing the use of condoms on adult film sets.

"As it presently stands, the city does not have a public health office or officer, and has delegated those functions to the Los Angeles County Department of Public Health," the City Attorney said in its opinion.

But the "Department of Public Health, however, indicates that it is Cal-OSHA, and not the city or county, that sets forth and enforces standards for workplace health and safety in reference to acute communicable disease control."

The City Attorney's office said that the issue of regulating porn shoots has been heard in council chambers as late as March 2005 in response to two adult film performers testing positive for HIV. But a resolution "ultimately died in committee."

In other words, Mike Weinstein and Shelley Lubben, you just can't use local LA government to force condoms down the throats of performers. It's either Cal-OSHA or nobody.

Now, it is true that the LA City Council could ignore the wishes of the Attorney and force regulation, but without the means of enforcing such, there's simply no way that that can be anything but a symbolic gesture.

I don't think that we will be seeing any pressers from AHF on this any time soon...they usually do their crowing when they think they've won, but are totally silent otherwise.

So....it's looking like those June Cal-OSHA hearings will be zero hour for when the tornado hits the sewage plant. Start stocking up on gas masks until then, people.

1 comment:

  1. This was always a non-starter and just more grandstanding from AHF. Film LA is all about bringing in money from selling filming permits. It has never had standing to regulate health-related policies and doesn't want it. The city has already kicked this can up the hill to the county authorities, who have punted it on to Sacramento.

    Of course, the fair and balanced L.A. Times gave plenty of ink to AHF's demands that permits be denied to non-condom producers, but hardly spilled a drop on the utter fail of those demands in the face of existing governmental policies.

    No news there.

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