L.A. Again May Delay Enforcement of Porn-Condom Ordinance

Aug 15, 2012 6:15 PM PST

LOS ANGELES — City Council will be asked once again to either delay or put forth motions to enforce Los Angeles' Safer Sex in the Adult Film Industry ordinance.

A delay, however, is recommended so that the city can work with the county to develop a long-term mechanism for the enforcement of mandatory condoms in most porn productions.

A working group panel assigned to implement the ordinance, in a memo to be delivered to City Council, said that the pending outcome of the upcoming Los Angeles County ballot initiative in November that mandates condoms in porn productions could steer the city's attempt to enforce the ordinance. The ordinance was set to go into effect in September, pending the panel's findings.

The panel, however, noted that "the city has an obligation to implement the ordinance as approved by the council while exploring a  partnership with the county."

The panel asked City Council to adopt other actions to the ordinance that was given the green light in January, including revisions to the film permit application, requiring licensed medical inspections, a contract with the Los Angeles County Department of Public Health and to develop a fee structure.

The city's working group — a panel composing of nearly a dozen city, county and state officials — has met three times to craft a master plan to implement the ordinance, which makes condoms mandatory for performers at on-location adult film productions within city limits.

Citing Los Angeles City Fire Department forecasts, depending on the  frequency of the spot checks and the number of permits and film  shoots, costs for adult film productions within city limit could range from to $3,472 per permit for 480 permits  to $2,204 per permit for up to 10,000 permits.  

The working group cited four recommendations for City Council to weigh, starting with the film permit application.

The panel asked for creation of a new section on the Film L.A. Inc. permit application.

"The new request would seek information about various filming activities that involve dangerous special effects or hazardous conditions, including the current categories  relating to gun fire, special effects (breaking glass, explosions, fire), and add a section entitled, 'Activities Carrying Risk of Transmission of Blood or Infectious Materials Pursuant to California Code of Regulations, Title 8, Section  5193(b),' which include a check box to reflect the exact language in the ordinance which specifies whether  or not  production employees will be filmed engaging in non-simulated sexual intercourse, defined as vaginal or anal penetration by a penis."

The working group also recommended to contract with a licensed  medical professional to conduct  the  periodic  inspections  of film  productions.

In addition, it asked for the city to develop a fee structure with a draft fee proposal for adult film inspections within the next 90 days.

And, finally, the working group said that if Los Angeles County voters approve  a county measure in November to require  adult film  producers  to obtain  a health  permit as  a  condition  of producing a  film  that involves non-simulated sexual intercourse, then the city should adopt  the  county measure and put a measure on  the citywide primary  election  in  March  to reconcile the ordinance.

A spokesman for the City Attorney's office told XBIZ late Wednesday that the working group's report will be delivered to City Council at its next meeting on Friday; however the item has not officially been added to the agenda.

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