L.A. City Council Tentatively Approves Condom Measure, FSC Responds

Jan 10, 2012 4:00 PM PST

LOS ANGELES — The City Council tentatively approved today a measure that would require porn performers to wear condoms on production sets.

In a preliminary 11-1 vote, council members voted to approve the measure, which would require porn producers to provide and require the use of condoms on set in order to receive film permits in Los Angeles.

The ordinance still requires a second vote next week for final approval.

The council also agreed to create a group of law enforcement officials and state occupational safety regulators to determine how the measure would be enforced.

 “We can spend literally millions of dollars on an unnecessary election or we can do the right thing for free,” Councilman Paul Koretz said before the vote. “For better or worse, the city of Los Angeles is nationally known as the capital of the adult film industry. We should be nationally known, also, as the home of a safe adult film industry.”

The ordinance also is set to go before voters in June, but if the City Council approves the measure next week, the condom requirement will become law and will not need to go before the voters on the June ballot, according to City News Service.

Los Angeles City Attorney Carmen Trutanich agreed to drop a lawsuit he had filed in December challenging an initiative circulated by the AIDS Healthcare Foundation, but said he wanted the measure tweaked before it takes effect.

Trutanich filed court papers in December claiming L.A. voters would have no legal grounds to adopt the proposed measure.

Trutanich maintained that only the state — not the city — could legally make condom-only rules and charge the $85 inspection fees.

FSC's Executive Director Diane Duke told XBIZ that performer health and safety is a priority for the adult film industry.

"This is why the industry’s standards and self regulations have been successful as represented by the industry’s low rate of STI transmission and no transmission of HIV in the industry in more than five years," she said.

Duke added that government regulation of filmmaking would likely undermine existing health and safety efforts and industry standards that "are effective as well as take the government into dangerous new territory."                          

"This approach betrays our Constitution; it betrays the hard lessons we’ve learned in the 25-year fight against HIV/AIDS; and it betrays aggressive health and safety efforts in place that are proven and effective," Duke said.

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