2nd Vote on L.A. Porn Measure Set for Tuesday

Jan 13, 2012 10:30 AM PST

LOS ANGELES — The Los Angeles City Council has slated a second vote for Tuesday on the measure that would require porn performers to wear condoms on production sets.

Tuesday's vote would be the second consideration by initiative petition to require condom usage  in the adult film industry and related permitting requirements.

But Diane Duke, the Free Speech Coalition's executive director, said that the decision already has been carved in stone.

"Tuesday's vote is more of a formality than anything — the decision has been made," Duke told XBIZ. "We are in discussions with industry leaders and considering all options for next steps."

An ordinance was tentatively approved last Tuesday on an 11-1 vote, with Councilman Mitchell Englander the lone dissenter.

The council also voted to convene a group of representatives from the LAPD, the City Attorney’s office and Cal/OSHA to study the ordinance and make recommendations regarding implementation.

If the proposed ordinance gets the green light from council and signed off by Mayor Antonio Villaraigosa, the ordinance would be the first of its kind for any city in the nation.

The proposed ordinance also is set to go before voters in June, but if the city council approves the measure, the condom requirement will become law and will not need to go before the voters on the June ballot.

Los Angeles City Attorney Carmen Trutanich agreed to settle a lawsuit he had filed in December challenging an initiative circulated by the AIDS Healthcare Foundation.

One condition of the settlement is that the AHF will pay up to $50,000 for the city's defense if Los Angeles is sued over the planned ordinance. Trutanich filed the suit claiming the city would have no legal grounds to adopt the proposed measure. He maintained that only the state — not the city — could legally make condom-only rules.

So far, it remains to be seen how the proposed law will be implemented and what agency would be responsible for oversight. The AHF had recommended an $85 fee for each porn shoot.

Currently, the nonprofit group Film L.A. issues filming permits on behalf of the city.

The AHF is pushing to qualify a ballot measure that would apply throughout Los Angeles County. That initiative would require film producers to apply for a permit from the county Department of Public Health.

Los Angeles City Council meets Tuesday at 10 a.m. at City Hall's Council Chamber, 200 N. Spring St., Los Angeles. The second consideration vote on the proposed adult industry ordinance is No. 8 on the council's agenda.

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