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LOS ANGELES — Backers of Los Angeles County Ballot Measure B, the so-called ‘condoms in porn’ measure that would require adult film producers to get a public health permit and use condoms in their films as a condition of filming in Los Angeles, welcomed the release of an impartial analysis of the measure by Los Angeles County Counsel.

The analysis clarifies precisely what the measure would do: “…require producers of adult films to obtain a public health permit from the Los Angeles County Department of Public Health (the “Department”) in order to engage in the production of adult films for commercial purposes, and to pay a permit fee set by the Department to offset the cost of enforcement.

The measure would require the use of condoms for all acts of anal or vaginal sex during the production of adult films, as well as the posting of both the public health permit and a notice to performers regarding condom use.”

“This impartial analysis, written by County Counsel John F. Krattli, upholds the truths about what the condoms in porn Measure B will actually do—as opposed to the fear mongering and lies opponents are putting out there,” said Michael Weinstein, President of AIDS Healthcare Foundation.

“The analysis very eloquently and clearly counters opponents’ repeated mischaracterizations of the ordinance as a potential burden to Los Angeles taxpayers.

“In order to obtain the required public health permit, the ordinance also requires adult film producers to pay a permit fee — which will cover costs of enforcement of the measure—so there will be NO cost to Los Angeles taxpayers for this prudent public health measure.”

The County analysis also noted that, “Violation of the ordinance would be subject to both civil fines and criminal misdemeanor charges.

The Department would be authorized to enforce the provisions of the ordinance, including suspending or revoking the public health permit due to violations of the ordinance, or any other law including applicable provisions of the Health and Safety Code, blood borne pathogen standard, California Code of Regulations, or the exposure plan of the producer.

Suspension or revocation of the public health permit requires notice and an opportunity for an administrative review, unless the Department found or reasonably suspected immediate danger to the public health and safety, in which case the Department could immediately suspend or revoke the public health permit, initiate a criminal complaint, or issue a fine, pending an administrative hearing.”

“Over the past week, the two main arguments by opponents of Measure B have fallen flat: last week, adult industry attorney Michael W. Fattorosi wrote a comprehensive piece on his AdultBizLaw.com website explaining why the industry cannot realistically just pack up and leave California when Measure B passes,” added AHF’s Weinstein.

“Now, with the publication of the County’s own impartial analysis, our opponents’ myth that taxpayers will bear the costs of enforcement of this law is once again shown to be false as permit fees paid by the adult producers will cover enforcement.”

Michael W. Fattorosi, P.C., who runs a boutique law firm located in Woodland Hills, California, and also runs the AdultBizLaw.com website, posted his article, “The Problem with Producing Porn Outside of California…”, on Friday, September 21st.

Officials from AIDS Healthcare Foundation (AHF), who spearheaded the ballot measure and are shepherding the ‘Vote Yes on B’ campaign, cheered Fattorosi’s analysis, particularly when he summed up the situation as follows, “While it may be desirable, in light of the condom laws in California, for the industry to move to a different state such as Nevada, Florida or Arizona doing so comes with much risks to the producers.”

Background on AHF’s Efforts to Increase Adult Film Worker Safety:

Over the past six years, AHF has independently been championing safety reforms in the adult film industry, including efforts to require the use of condoms in all adult film productions. AHF and other advocates did so after two outbreaks or incidents of HIV infections tied to the industry that occurred over the past eight years. And this summer, an outbreak of syphilis has involved performers in the adult film industry in Los Angeles and Eastern Europe with as many as nine industry-related cases found to date in Los Angeles and as many as 100 cases in Europe.

Support for Condom Use in Adult Film Productions:

Several organizations committed to protecting the public health have called for mandatory use of condoms in the production of adult films, including the American Medical Association, the American Public Health Association, the California Conference of Local AIDS Directors, the California STD Controllers Association, the National Coalition of STD Directors, the National Association of City and County Health Officials, AIDS Healthcare Foundation and the California Medical Association.

AHF officials and members of the advocacy group FAIR (‘For Adult Industry Responsibility’) are shepherding the ‘Yes on B’ Los Angeles County ballot initiative that will appear on the November ballot and will require adult film producers to obtain a public health permit from County Health officials, much like barber shops, nail salons and tattoo parlors must, as a condition of doing business in Los Angeles.