Review of the City’s Implementation Plan for Condoms in Porn

The City’s plan is quite lengthy, which is not surprising due to the fact that this ordinance is relatively “unworkable.” For the sake of brevity the more important aspects on how this ordinance will affect Los Angeles based producers and studios can be found below in bullet points. Please be aware that this ordinance only affects those that produce within the limits of the City of Los Angeles (illustrated below in the map). In November, the voters in the County of Los Angeles will decide on a ballot measure that may make condoms mandatory through-out the entire county.

Producers and studios operating within the red areas below will be affected by the new ordinance;

The following cities within Los Angeles County are NOT within the scope of the City’s ordinance; Agoura Hills, Alhambra, Arcadia, Artesia, Avalon, Azusa, Baldwin Park, Bell, Bell Gardens, Bellflower, Beverly Hills, Bradbury, Burbank, Calabasas, Carson, Cerritos, Claremont, Commerce, Compton, Covina, Cudahy, Culver City, Diamond Bar, Downey, Duarte, El Monte, El Segundo, Gardena, Glendale, Glendora, Hawaiian Gardens, Hawthorne, Hermosa Beach, Hidden Hills, Huntington Park, Industry, Inglewood, Irwindale, La Cañada Flintridge, La Habra Heights, La Mirada, La Puente, La Verne, Lakewood, Lancaster, Lawndale, Lomita, Long Beach, Lynwood, Malibu, Manhattan Beach, Maywood, Monrovia, Montebello, Monterey Park, Norwalk, Palmdale, Palos Verdes Estates, Paramount, Pasadena, Pico Rivera, Pomona, Rancho Palos Verdes, Redondo Beach, Rolling Hills, Rolling Hills Estates, Rosemead, San Dimas, San Fernando, San Gabriel, San Marino, Santa Clarita, Santa Fe Springs, Santa Monica, Sierra Madre, Signal Hill, South El Monte, South Gate, South Pasadena, Temple City, Torrance, Vernon, Walnut, West Covina, West Hollywood, Westlake Village and Whittier.

Here are the recommendations made by the Working Group to the City Council and the Mayor’s Office’

  1. FilmLA will add a classification to their permit application process so as to clearly identify adult film producers;
  2. The City will employ a licensed medical professional to perform spot checks on permitted adult film locations to insure they are in compliance;
  3. Wait until November and if the County ballot measure is adopted then place a measure on the City ballot in March 2013 in order to adopt the County law instead of this one;
  4. Develop a fee structure to pay for #2 and #3 (above).

Their implementation plan then goes on to discuss the other overlapping laws in regards to barrier protection/condoms including the Cal-OSHA standards, federal regulations and those proposed in the County ballot initiative and their enter play with the “Safer Sex in Adult Film Ordinance.”

Overall the Working Group indicates several factors that would make compliance with the law more likely;

  1. FilmLA would host a free one time seminar for adult film producers to teach them how to comply with the law;
  2. Refer calls to FilmLA about non-compliance to Cal-OSHA for inspection purposes;
  3. Force adult film producers to hire and pay for an on-set medical professional to monitor the use of condoms. That professional would then have to certify under penalty of perjury that all ordinances were complied with on-set;
  4. If the County measure passes adopt that instead and then contract with County to do periodic location inspections.

Interestingly the CAO’s office does point out in their report and recommendation that they have no authority to regulate safety issues where there is an employer-employee relationship and that right remains with the state government, not local. (This is where I believe this law is at it’s weakest and it is an overreach of the City and possible the County’s authority to regulate).

Finally, the report discusses the financial impact of the ordinance. It discusses how the City does not have the resources to actually pay for the enforcement of this ordinance. It goes on to state how this is ordinance is not business friendly to the industry and may unfairly target adult film producers for extra fees.

Overall, it postulates that establishing an Adult Film Public Health Permit Office will require approximately $241,000.00 a year. This cost should be passed on to the producers of adult films. Meaning the more permits that are issued the less each permit will cost. If 100 adult film producers secured a permit then each permit would cost $2,401 per year or approximately $200 a month (This is of course in addition to the $1600 a month for just a permit to film motion pictures paid to FilmLA).

As for the cost the City could also tie the inspections into the Los Angeles Fire Department which already does spot checks on film locations which could place the cost of the permits between $2,204 and $3,472, again depending on the number of permits issued.

Finally the CAO’s plan concludes with the fact that the cost may actually be much higher then the estimates they have provided.

 

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