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Lily Cade: Rent My House for Porn in Pasadena; Not so Fast Says City Manager Michael Beck

from www.dailynews.com – A collective moan arose from the adult film industry the morning after Los Angeles County voters decided that porn actors should wear condoms during movie shoots.

The passage of Measure B by more than 55 percent of voters Tuesday was met with swift warnings by representatives of the industry, who said they would not only fight the law in court but also look into other cities and states where they could continue to make films without condoms.

“After being heavily outspent by a well-financed AIDS Healthcare Foundation which poured millions of dollars into passing Measure B, the adult film industry will not just stand by and let it destroy our business,” said Diane Duke, executive director for the Free Speech Coalition, the trade group representing the adult entertainment industry in a statement released Wednesday.

“While the misinformation and outright distortions made by AHF during this campaign may have deceived voters, we believe in the calm, serious deliberations of the legal system we will find that Measure B is in fact unconstitutional.”

In addition to the use of condoms, Measure B requires adult film studios to apply for public health permits and for the county Department of Public Health to lead inspections and enforcement efforts. Violators could face civil fines and criminal charges, and the Department of Public Health will be able to revoke the public health permits if it finds violations or a risk to public safety.

The law does not apply in the cities of Pasadena, Long Beach and Vernon because they have their own municipal health departments.

That news prompted at least one Pasadena-based porn actress to take to Twitter with the suggestion that producers just shift their production over to her city.

“Hey porn peeps,” tweeted lesbian actress and director Lily Cade.

“Pasadena isn’t covered by Measure B…want to rent my house? Cute Pasadena Craftsman.”

Advocates, primarily the AIDS Healthcare Foundation, which spent more than $2 million to support the measure, said the new law promotes public health and the safety of actors.

“We were extremely gratified that not only did it pass, but it passed by a wide margin,” said AHF executive director Michael Weinstein. “The people saw it quite clearly as a health, safety and fairness issue.”

Weinstein said opponents have a right to fight the law in court, but he didn’t believe they had a case.

“This is not a First Amendment issue,” he said.

“It’s a public health issue. We’re not telling them what to film but that certain precautions should to be taken. You don’t have a First Amendment right to spread diseases.”

Several questions remain about how the law will be enforced, and where.

The ordinance will take effect immediately in the unincorporated areas of Los Angeles County. But it won’t be implemented in the 85 cities that contract with the county’s health department until those municipalities adopt the measure into their codes.

Los Angeles already has its own ordinance, but questions remain on how it would align itself with the county code.

“It is the law of the land, but this is a one-of-a-kind law for us that we have to look into in realistic ways because it is unique,” said David Sommers, spokesman for the county’s chief executive office.

Pasadena officials were caught off-guard by the suggestion that the business known for its ties to the San Fernando Valley might seek to move to the Crown City.

“They would still need a permit if they are doing that,” city manager Michael Beck said.

Pasadena’s director of public health, Dr. Eric Walsh, did not respond to requests for comment.

A city spokesman said the measure applies countywide despite the fact Pasadena has its own health department.

“It is fair to say we have the matter under review,” said spokesman William Boyer.

Measure B requires producers to undergo training on blood-borne pathogens and submit an “exposure control plan,” then pay for a public health permit.

Permit fees will be used to pay for enforcement, according to creators of the law.

Condom use on porn sets already is required under state and city laws. But those are rarely enforced, with state inspections and consequent fines based only on complaints.

The prospect of a more active government role worried some in the porn industry.

At an anti-Measure B rally held in North Hollywood on Sunday, adult film actors said having a health inspector on set would complicate already difficult-to-shoot sexual scenes. What looks like a spontaneous sex act can take an hour to shoot and involves close up cameras, lights and a director.

Actors defended the porn industry’s voluntary guidelines, under which performers are tested every 14 and 28 days for HIV, gonorrhea and chlamydia. Actors and directors then view each others’ medical records, to make sure health tests have been passed.

Many said they use condoms in their private lives and advocate safe sex but called their work erotic fantasy.

Opponents also called the measure a restriction on free expression.

But that could be questionable, said Peter Scheer, executive director for the California First Amendment Coalition.

“Porn films are entitled to First Amendment protection, but that doesn’t mean that all aspects are not up for regulation,” he said. “This appears to be regulation of public safety.”

Yet it depends how they argue the case.

“If what they’re really arguing is we’re going to have a hard time charging people to see the film, than that is weaker than we can’t perform the way we used to perform,” he said. “The art has been fundamentally changed.”

Opponents, including the Valley Industry and Commerce Association, said the law will chase jobs and millions of dollars out of Southern California, specifically the San Fernando Valley, famed as the nation’s porn capital.

Adult films are protected under the Freeman decision of 1988, which made the making of pornographic films legal in California. Only New Hampshire has a similar law.

Amber Lynn, an actress, model and businesswoman, said she began in the industry before it was legal in California. She said that, just like Democrats and Republicans, the adult film industry and AHF need to find a way to work together.

“I’ve been in the business for a long time and my feeling is this industry is going to survive,” Amber Lynn said Wednesday. “It’s legal to shoot porn here and we fought hard to make it a legal industry. The industry has come too far to turn back now. It’s definitely not over.”

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