L.A. Files Suit to Block Porn-Condom Referendum

Dec 9, 2011 4:00 PM PST

LOS ANGELES — The AIDS Healthcare Foundation's ballot initiative proposal that would force issuance of adult film permits in the city of Los Angeles is illegal, according to the City Attorney's office, which has filed suit to block it.

The suit, filed at Los Angeles Superior Court, said that the initiative is preempted by state law, specifically California Labor Section 144.7, which mandates the use of barrier protection in the workplace when employees are exposed to blood borne pathogens.

The proposal would require safe-sex porn as a condition of getting a filming permit in Los Angeles. The AIDS Healthcare Foundation recently delivered 70,901 signatures to place the initiative on the June 2012 ballot.

"The city contends that the California Legislature expressly retained exclusive jurisdiction with Cal/OSHA for the enforcement of occupational safety and health standards ... ," said the suit, which names AIDS Healthcare Foundation officers as defendants.

The City Attorney's office in its complaint, which seeks declaratory relief to determine validity of the proposed initiative measure, said it was necessary to present a pre-election legal action  because a post-election determination "that a measure is illegal would undermine the public trust."

In reaction to the suit, FSC Executive Director Diane Duke said that "history has shown us that regulating sexual behavior between consenting adults does not work."

“Clearly AHF has chosen to squander its donors resources by filing frivolous lawsuits and ballot initiatives instead of providing valuable resources toward the prevention and treatment of HIV,” Duke said.

“The best way to prevent the transmission of HIV and other STIs is by providing quality information and sexual health service, all of which are successfully provided through adult industry protocols and best practices,” she said. 

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