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Reacquaint yourself with the letter in question: www.adultfyi.com/read.php?ID=56874
Alia Janine blogs on www.aliajanine.com – On December 11th of last week, a group of industry leaders announced that they intend to file suit against Los Angeles County over Measure B, the “Safer Sex in the Adult Industry Act.”
Steve Hirsh Founder/Co-Chairman of Vivid Entertainment explained that the attorneys (Paul Cambria of Lipsitz Green Scime Cambria; H. Louis Sirkin of Santen Hughs; and Bob Corn-Revere of Davis Wright) would be challenging everything from the county having jurisdiction over Cal/OSHA and the state, to the constitutionality of the law all together.
Like clockwork, on “Condooms Day,” December 14th of last week Dr. Jonathan E. fielding [pictured], Director and Health Officer of the Los Angeles Health Department issued a letter to all adult film producers to explain how Measure B will be enforced by the county, the cities in the county, and Film LA (they issue the film permits for the city and county of Los Angeles).
FilmLA was also contacted and given the letter by the county. They were told to send the letter to all of the adult producers, telling them that anyone wanting an “adult film permit” must have the health permit and if they do not have that health permit to deny them their film permit.
If you have kept up with my blogs and/or are educated in new laws, you would already know that a law cannot be enforced until there are actual regulations and an infrastructure to follow, that is a law in itself.
Individual cities will also need to adopt the law for them to enforce it, unless they are in an unincorporated part of the county, then the law is already to be enforced, apparently. They are not making it easy either considering this health permit does not exist yet. Let me say that again, the county wants adult film producers to show a health permit that does not yet exist in order to obtain their film permit.
However, FilmLA determined that film permits can be issued to adult film producers without a health permit until Los Angeles Health and Safety Code Title 39 has officially been adopted by the Los Angeles cities that fall under the Los Angeles Health Department. Unless of course, a producer lives in an unincorporated part of the county, as of right now they need to provide a health permit that does not exist yet in order to obtain their filming permit.
The letter to adult film producers and FilmLA are vague as to what they and the cities of Los Angeles will have to do, and stated that a conditional health permit might take effect within the New Year. They were clear with stating that the new health permit will be provisional fee of $2000-2500 per year once 90 days is up after the ordinance is filled for approval by the County Board of Supervisors.
The county is inherently trying to collect money before the law is actually in effect, to pay for the enforcement of said law. Let’s not forget that provisional means the fee can go up after the 90 days. Unless of course, they start dipping into taxes to pay for the enforcement.
Everyone is confused about this mysterious permit and what it will consist of. FilmLA more so than the rest because, although they knew about the law they really did not know about it.
They have been kept in the dark as to what their new duties will consist of and what will be expected of them. FilmLA has their own set of rules and guidelines that do not including labeling adult producers or follow what the health department assumed they already had in place, and they do not plan on changing. Which I find intriguing because they actually answer to the city and county of Los Angeles. Seems like a tangled web of checks and balances to me.
Is the Los Angeles Health Department writing letters to porn producers because the AIDS Healthcare Foundation filed a law suit against them, basically saying the county is biased because they do not want to enforce the law? A
s well as sending a letter to FilmLA, which they control and (I’m assuming) know that FilmLA does not have a labeling system and other things that would make their jobs easier in place, just to shut them up? I’m also assuming the county knows that the law is not actually a law yet, and with the adult industry’s law suit, there could be an injunction and any and all conditional and provisional what have you’s would be froze until after the court ruling? This, of course, could be just another one of my conspiracy theories, but it is the only thing that makes sense to me as of now.