One issue that is yet to be discussed is the permanency of the law if Ballot Measure B is passed. While some may realize that it may be challenged in a court of law what many do not realize about B, or any other ballot measure, is that once passed it cannot simply be overturned by an act of an legislative body. Which means if B passes the only way to get rid of it is if there is another ballot measure to repeal it. And that almost never happens. Once law, it will be law for a very long time – quite possibly forever.
For example, Proposition 13, a California ballot measure that was passed in 1978 to reduce property taxes paid by homeowners in California ( Please see: http://en.wikipedia.org/wiki/California_Proposition_13_%281978%29 ). It intent of Prop 13 was to limited the amount of tax that can be assessed on real property. Through-out the years Prop 13 is often cited as one of the main reasons behind California’s economic woes. To many it has crippled the California government is being able to balance the state budget. It was legally challenged but the United States Supreme Court upheld its constitutionality in 1992. Many governors since 1978 have wanted to abolish the tax restrictions in place since 1978 but have not been able to challenge the law with the voters.
This will be the exact situation the industry will face if Ballot Measure B passes. If the law withstands a legal challenge in the courts it will require another public vote to repeal it. It will not be sufficient to lobby against this law with local or even state level politicians in the hope they would act to repeal it. Not only does the industry need to realize this but also the tax payers of Los Angeles County.
Also, while the initial law seems to indicate that the permit fees paid by the those requiring to secure the permit will pay for the enforcement of the law, it should be noted that this funding requirement can be changed sometime in the future by the Los Angeles County Board of Supervisors.
According to Ballot Measure B, the ordinance can be amended by the Board of Supervisors ONLY to further the goals of the measure. Meaning they can vote to change anything in regards to the law if those changes enhance its effectiveness. Which basically means that they can, sometime in the future, amend the law to shift the burden of enforcement to the tax payers. If the Department of Health realizes that no one is securing the necessary permits and therefore there is not enough money for enforcement, the Los Angeles Board of Supervisors could budget county tax dollars to spend on inspections and enforcement of Measure B.
Another legal issue I see with Ballot Measure B is the ability for a Los Angeles Department of Health inspector to enter the private residence of Los Angeles’ citizens at will and without a search warrant in order to perform an inspection. Ballot Measure B makes no distinction between a business location and a private residence in regards to inspections. As I had discussed in prior articles, Ballot Measure B also applies to married monogamous couples that live web cam with each other. It’s not limited to just “traditional porn production companies.” It would also apply to any adult performer that may also produce content for his/her website. Usually performers do not have a studio address and many work out of their home. With Ballot Measure B, a health inspector will have the right to knock on the door of performers with websites and search their homes and records.