AHF to L.A. County: Federal Court Decision Clears Way for Porn Permits

AIDS Healthcare Foundation (AHF), the world’s largest AIDS organization and sponsor of Los Angeles County’s Measure B, the ‘Los Angeles Safer Sex in the Adult Film Industry Act,’ sent a letter yesterday to Los Angeles County Counsel demanding that County officials begin to set permit fees for adult films and start enforcing the law, which Los Angeles County voters passed with an overwhelming margin of voter support—57% to 43% (1,617,866 votes in favor for 56.96%)—in November 2012. Implementation of the 2012 adult film worker safety measure was delayed after a group of adult film producers, including Steve Hirsch’s Vivid Entertainment, challenged the law in federal court alleging infringement on performers’ and producers’ First Amendment rights.

In mid-December, the U.S. Ninth District Court of Appeals issued a ruling upholding the constitutionality of Measure B, ruling that the law requiring actors in pornographic films to wear condoms did not infringe on either the performers’ or producers’ free speech rights.

As a result, AHF General Counsel Tom Myers sent a letter yesterday to Mark J. Saladino, Los Angeles County Counsel requesting that within 30 days, “…the County immediately develop and implement a permit fee for permits issued pursuant to the above law, also known as ‘Measure B.’ Court cases have established the law’s validity, and the County has a ministerial, non-discretionary duty to develop and implement this fee.”

“It has now been over two years since 1.6 million Los Angeles voters cast ballots in favor of Measure B, a vote that should have prompted action and codified into law the fact that adult film performers are entitled the same workplace protections as all California workers,” said Michael Weinstein, President of AIDS Healthcare Foundation. “Now, in mid-December, the Ninth District Court of Appeals upheld the constitutionality of Measure B, affirming the rights of adult film performers to use condoms during film shoots. Los Angeles County officials need to stop avoiding this issue, step up and fully implement Measure B. Los Angeles County needs to develop and impose film permit fees for adult producers as well as develop the related enforcement measures, fines and punishments for non-compliance.”

In his letter to County Counsel, AHF’s Myers also wrote,

“Among the parts of Measure B that were found to be valid are the requirement of condom use during the filming of certain acts, and the development and imposition of a revenue neutral permit fee. The District Court’s ruling enjoined the imposition of the previously set fee of $2,000 - $2,500 because there was no evidence presented by the County that it was “revenue neutral,’ meaning that the amount of the fee did no more than cover the anticipated cost of enforcing the Measure, and was not designed to impose a “tax” on speech. In so holding, the Court stated “[S]ince there is no evidence that measure (sic) B’s [current] fees are revenue neutral, there is no reason to believe the Department’s measure B duties cannot be performed without fees – or performed at least until the fees’ defect is cured, either by enacting a new, constitutional ordinance or providing this Court with evidence of revenue neutrality.”

Because the County constitutionally may impose a revenue neutral fee, and because Measure B obliges upon the County a mandatory, ministerial obligation to develop and implement a fee, the County is required to undertake to develop and implement a revenue neutral permit fee.

It is respectfully requested that this fee be developed and implemented within 30 days of the date of this letter. If not, there will be no choice but to seek a writ of mandate compelling the performance of this ministerial duty.”

Measure B is the Los Angeles “condoms in porn” measure first voted into law November 2012. It requires condoms to be used on all adult film sets anywhere in Los Angeles County. On January 10, 2013, the adult film industry sued L.A. County and others to try and block implementation of Measure B. The lawsuit—Case No. CV-13-00190 DDP (AGI)—was filed with Steve Hirsch’s Vivid Entertainment and California Productions as lead plaintiffs, and named County of Los Angeles, Dr. Jonathan Fielding, Director of the Los Angeles County Department of Public Health and County District Attorney Jackie Lacey as Defendants and seeks to block the law primarily on First Amendment challenges.

The move to block implementation of Measure B effectively ended with the Ninth Circuit Court of Appeals December ruling. NOTE: To read the December 15, 2014 ruling in its entirety, please visit: http://www.aidshealth.org/wp-content/uploads/2014/12/Condoms–In-Porn-12-15-District-Appeals-Decision.pdf

AIDS Healthcare Foundation (AHF), the largest global AIDS organization, currently provides medical care and/or services to nearly 382,000 individuals in 36 countries worldwide in the US, Africa, Latin America/Caribbean, the Asia/Pacific Region and Eastern Europe. To learn more about AHF, please visit our website: www.aidshealth.org, find us on Facebook: www.facebook.com/aidshealth and follow us on Twitter: @aidshealthcare and Instagram: @aidshealthcare.