FSC Meets With L.A. City Administrator to Discuss Condom Ordinance

FSC Executive Director Diane Duke and FSC Board Chair Jeffrey Douglas met today with Los Angeles City Administrator Miguel Santana and his staff to discuss the recently enacted condom ordinance for adult industry productions.

Duke and Douglas listened to the City Administrator’s thoughts on the ordinance in general and the complications inherent in its implementation and enforcement specifically.  FSC discussed constitutional issues raised by the ordinance and voiced concern over the potential for government overreach in its enforcement.

According to Duke, the meeting was very successful.

“We appreciate the opportunity to meet with the City Administrator, to communicate the industry’s concerns, and to receive information and clarification about the City’s options for moving forward,” she said.

In January, the condom ordinance for adult industry productions was signed into law by L.A. Mayor Antonio Villaraigosa and went into effect on March 5. The L.A. City Council directed the City Administrator’s Office (CAO) to organize the Adult Film Industry Working Group as the entity responsible for creating an implementation structure for the condom ordinance.

According to CAO staff, the next meeting of that working group will be Friday, May 11th.

Condom Ordinance Update – Part One

This is the first of a three-part series designed to clarify the mandatory condom regulation activity in the City of Los Angeles, Los Angeles County and the state of California. The purpose of this series is to provide up-to-date information to FSC Members and the industry at large: information on the status of current regulations, anticipated regulatory activity, and FSC plans for opposition.

What is the Status of the LA City Mandatory Condom Ordinance for Adult Productions?

Early in 2011, AIDS Healthcare Foundation (AHF) brought the issue before the Los Angeles City Council. The council voted down the proposed regulation because the City Attorney deemed that it was a state issue and that the city had no jurisdiction. On July 20, 2011, in an unprecedented act, CalOSHA sent a letter to the city of Los Angeles stating that the city does have jurisdiction because the city “does not seek to enact an occupational health and safety standard but rather a public health standard applicable to any film activity (regardless of employment relationship) within the city boundaries”.

On Thursday December 1, 2011, AHF submitted 70,000 signatures to the Los Angeles City Clerk’s office to put an initiative on the June ballot that would tie the provision of film permits with a regulation mandating condoms on adult production sites. It is estimated that AHF spent at least $350,000 for paid signature gatherers to get the initiative on the ballot.

Late December of 2011, the Los Angeles City Attorney filed suit against AHF arguing that putting the proposed initiative on the ballot would be too costly for the City–$4.4 million. Furthermore, the City Attorney argued that the initiative would be a waste of taxpayer funds because the jurisdiction rests at the state level and that the initiative is likely unconstitutional.

On January 10, 2012, the LA City Council chose to bypass the ballot and passed a city ordinance that ties the provision of film permits with the mandatory use of condoms on adult production sites. To clarify the contents of the ordinance, the ordinance applies to offsite shoots; shoots in sound stage do not fall under this regulation. There are no “adult” film permits, only film permits that include nudity. Film LA—the entity that grants permits—reports that it grants approximately 40 permits for shoots that contain nudity per month and many of those are permits for mainstream productions.

On Monday January 23, 2012, LA Mayor Villaraigosa signed the ordinance into law. The law went “into effect” March 5th. The City Administrator’s Office (CAO) has been tasked with developing a process for implementation.

The CAO has held two work group meetings gathering information from the Fire and Police departments as well as FILM LA. All of these entities reported that they do not have a structure set up that is conducive for this type of regulatory monitoring and enforcement. Moreover, FILM LA, FSC Board Chair Jeffrey Douglas and industry attorney Michael Fattorosi pointed out a number of Constitutional concerns with content-based enforcement.

At the last work group meeting, the City Administrator said that they will have another meeting of the work group prior to the May 16th City Council meeting where the CAO is supposed to report the results of the work group. As of this writing, no meeting of the work group is scheduled. Realistically, no prosecutions can take place until the City has developed a clear plan for implementation and a means of enforcement.

FSC will be at the upcoming meetings, speaking up for the industry. Additionally, FSC will continue to monitor the situation and update the industry as developments take place.

Stay tuned for part two where we will discuss the proposed LA County ordinance.

APHSS.org Adds Cutting Edge Testing to its List of Healthcare Providers

Free Speech Coalition, the adult industry trade association, has announced the addition of Cutting Edge Testing, a new testing health center located in Sherman Oaks, to its APHSS.org program.

The center is under the direction of infectious disease specialist Dr. Peter Miao. Former Adult Industry Medical Healthcare (AIM clinic) employees Jennifer Mooney and Bobi Seybold comprise the medical support staff at Cutting Edge.

“We are extremely excited to have Cutting Edge added to our list of providers,” said Free Speech Coalition Executive Director Diane Duke. “Dr. Miao is a well known and well-respected infectious disease specialist who will provide top notch testing and care for our performers. Those are critical components of our APHSS.org program.”

APHSS.org was created to fill the gap left by the closure of the AIM clinic, and to carry on health & safety protocols for adult productions. The program and availability index were developed by FSC, working with legal and medical experts, industry members and Internet technology consultants.

Cutting Edge will provide the most advanced HIV testing available today (PCR- RT-RNA) as well as Chlamydia and gonorrhea at a cost of $120 for the performer panel with an estimated 24 hour turnaround time.

“We have missed providing testing and health services to performers. After spending nine years working at AIM, many of the performers are like family,” said staff member Seybold. “What is really exciting is the quality of care the performers will get from Dr Miao – he’s the best!”

Other APHSS.org providers include AMTC and the Healing Wave Center. APHSS plans to continue to build on their base of testing and health centers including signing on centers in other cities and states.  “We heard from performers, producers and agents that they want more choices,” said Duke. “Quality of care is the first priority and there are a number of quality providers eager to work with our industry. We will continue our efforts to find exceptional partners to join our program resulting in an increased number of choices without decreasing the quality of care.”

Performers, agents and producers can go to http://www.APHSS.org and click “sign-up” to be led through a simple registration process. Other information that is available at the website includes links to testing facilities, FAQs and contact information. Users are encouraged to view the FAQs on the website; if they have further questions, they can contact FSC.

Cutting Edge Testing is located at 5000 Van Nuys Blvd., #202, Sherman Oaks, CA 91403. Contact them at (818) 386-2132, or info@cuttingedgetesting.com.

(Graphic: courtesy of Nevit)

LA City Council Approves Condom Ordinance in 9-1 Vote

The LA City Council voted this morning, in open session, to approve a mandatory condom ordinance that would require adult productions to comply with condom usage on any adult set requiring a film permit in the Los Angeles City limits. The ordinance was approved 9-1.

The action was considered procedural after last week the city council green-lighted formation of a committee to decide on enforcement procedures for the ordinance. Reportedly, this committee will be made up of personnel from the City Attorney’s office, LAPD and personnel department, as well as state regulatory officials.

“The Council’s decision is yet another example of government overreach and intrusion. The regulations imposed are without any input from the stakeholders most impacted—adult performers and producers,” Free Speech Coalition Executive Director Diane Duke said. “Mandatory condom regulation will not increase performer safety, it will diminish the successful standards and protocols already in place and compromise performer health. Government regulation of sexual behavior between consenting adults is, and has always been, a bad idea. The government has no business in our bedrooms—real or fantasy.”

The only member of the City Council to vote against the ordinance was Councilman Mitchell Englander, who represents the San Fernando Valley. Clearly, Englander realizes the negative financial impact on the area that may potentially result from today’s unnecessary move toward governmental regulation – especially at a time when the state recently introduced broad funding cuts to many services, and when state regulatory agency Cal/OSHA is reportedly under-staffed and under-funded.

Two other city council members, Bill Rosendahl and Paul Koretz, spearheaded the condom ordinance, in what they termed as an effort to save taxpayer money.

In December, AIDS Healthcare Foundation’s (AHF) condom ballot petition produced the required number of signatures to make mandatory condoms an issue for Los Angeles voters in June’s citywide elections. In order to save the expense of bringing the issue to the ballot, as well as any litigation that would follow, the City Council moved to enact the ordinance.

Both Rosendahl and Koretz have accepted donations from AHF President Michael Weinstein.

The Los Angeles City Attorney had filed a complaint in December against AHF’s ballot initiative, citing earlier court decisions ruling that Cal/OSHA could not pass regulatory enforcement responsibilities on to local agencies, including the Film LA permitting agency. The City Attorney speculated at that time, if passed, the ballot initiative also would be challenged on constitutional grounds.

AHF and its President Michael Weinstein have waged a relentless campaign against the adult industry since 2009 under the guise of “protecting” performers and the public health. AHF’s efforts were a major factor in the closure of the Adult Industry Medical Healthcare (AIM) clinic, which upheld successful performer testing protocols since the industry moved to self-regulate in 1998. The organization also has filed numerous complaints against adult businesses including Hustler, Vivid and industry talent agencies.

Weinstein’s grandstanding on the condom issue is groundless – using provocative language like “epidemic” and quoting statistics that have proven to be inaccurate – Weinstein has politicized the issue of mandatory condom use while alienating the industry he claims to protect. He also has suggested that the City Council add an $85 fee to film permits for adult productions, in order to fund enforcement.

Currently, Film LA reports that only five percent of total film permits are used for adult productions.

Strangely enough, the City Council actions coincide with major adult industry trade shows scheduled for the month of January. The announcement of last week’s vote to approve the motion to form an enforcement committee came during the XBIZ LA Show, held in West Hollywood. AHF protested at the XBIZ Awards ceremony on January 10, where Hustler founder Larry Flynt and FSC’s Diane Duke were honored, among many other industry leaders and performers.

This morning’s city council vote was taken while many industry members are in Las Vegas for the Adult Entertainment Expo.

LA City Council Motions to Approve Film Permit Ordinance That Would Require Condom Use on Adult Sets

The LA City Council today approved a motion to create an ordinance that would require adult productions to show proof of condom use, in order to be issued a film permit.

AIDS Healthcare Foundation’s (AHF) recently gathered enough petition signatures to put mandatory condom regulation through film permits on the ballot for the Los Angeles City election to be held in June. AHF’s President Michael Weinstein also has stated that the HIV nonprofit organization would push to have the condom initiative placed on countywide ballots for the November election.

AHF’s relentless attacks on the adult industry have been orchestrated to portray rates of adult performer STIs as a “public health threat” and Weinstein’s grandstanding on the issues uses emotionally-charged tactics by calling the situation an “epidemic” and by quoting statistics that have been proven to be inaccurate.

FSC has led the opposition to AHF’s needless, self-serving anti-adult agenda and also has made every effort to cooperate with state health & safety regulatory agency Cal/OSHA.

“Performer health and safety is a priority for the adult film industry, which is why the industry’s standards and self regulations have been successful as represented by the industry’s low rate of STI transmission and no transmission of HIV in the industry in more than 5 years!” FSC Executive Director Diane Duke stated in response to today’s developments.

“Government regulation of film-making would likely undermine existing health and safety efforts and industry standards that are effective as well as take the government into dangerous new territory.

“This approach betrays our Constitution; it betrays the hard lessons we’ve learned in the 25-year fight against HIV/AIDS; and it betrays aggressive health and safety efforts in place that are proven and effective,” Duke added.

Speculation on actions taken by the City Council today suggests that the council may be taking preemptive steps to prevent the ballot initiative from reaching voters, in order to prevent cost to taxpayers from the election and – if the initiative was passed – any litigation that might follow.

The LA City Attorney had already filed suit to stop the ballot initiative from being considered for the election, citing that if the initiative were passed by voters, it would likely later be brought to court – and lose – on Constitutional grounds.

Two City Council members, Bill Rosendahl and Paul Koretz, have received generous donations from AHF’s Weinstein. Both men spearheaded the effort to quash the City Attorney’s lawsuit.

AHF has stated that they will protest tonight at the XBIZ Awards, to be held at Santa Monica Airport’s Barker Hanger, where Hustler founder Larry Flynt will be honored with the Icon Award, and where FSC’s Duke also will receive the Woman of the Year Award.

(Photo: Courtesy of NASA)

City of Los Angeles Files Suit Against AHF’s Condom Ballot Initiative

City of Los Angeles lawsuit against AHF says ballot measure is likely “unconstitutional,” and will waste taxpayer money –

A lawsuit was filed yesterday by the City of Los Angeles challenging the constitutionality of AIDS Healthcare Foundation’s (AHF) ballot initiative. The initiative, if passed, would force local officials to enforce mandatory condom regulations on adult production sets. Named as defendants in the suit are various AHF personnel, including AHF President Michael Weinstein.

“Clearly AHF has chosen to squander its donors’ resources by filing frivolous lawsuits and ballot initiatives instead of providing valuable resources toward the prevention and treatment of HIV,” FSC Executive Director Diane Duke said. “It is heartening to know that the City of Los Angeles will draw the line on AHF’s political grandstanding when it comes to wasting taxpayer dollars.

“History has shown us that regulating sexual behavior between consenting adults does not work. The best way to prevent the transmission of HIV and other STIs is by providing quality information and sexual health service, all of which are successfully provided through adult industry protocols and best practices,” Duke added.

The city’s complaint argues that the ballot proposal is preempted by state regulations that require barrier protection on adult sets and that enforcement of those regulations falls under state jurisdiction. There have been two previous rulings in complaints filed by AHF, where the judge decided that L.A. County officials are not compelled to enforce regulations on behalf of state health & safety agency Cal/OSHA.

The city also states that the process involved in bringing the ballot measure to the voters would be a “waste” of taxpayer money. The complaint went on to say that the ballot initiative is potentially unconstitutional; if passed by voters in June, the city raised concerns of more money being spent if the initiative was overturned on constitutional grounds.

“The City of Los Angeles has acted responsibly to protect the taxpayers from enacting an unenforceable measure preempted by State Law. The adult industry has been extraordinarily successful in preventing HIV infections through its testing protocols and self-regulation,” Free Speech Coalition (FSC) Board Chair Jeffrey Douglas said.

FSC has worked with industry stakeholders, compliance experts and legal advisers to develop the FSC Bloodbourne Pathogen Plan, and other policies for industry appropriate regulations.

In April, when Adult Industry Medical Healthcare (AIM) clinic was closed, largely due to legal attacks by AHF, FSC stepped up to provide Adult Production Healthcare & Safety Services (APHSS.org) as a resource for performer testing and production protocols.

“Thankfully, the Los Angeles City Attorney’s office is acting in an abundance of caution and not simply marching to the tune called by Michael Weinstein,” attorney and APHSS.org legal adviser Karen Tynan commented.

“The industry is working with the state toward adopting industry specific and industry appropriate safety standards, and these efforts by AHF and Michael Weinstein are an attempt to interfere in that process,” Tynan said. “The Los Angeles City Attorney is correct that the ballot initiative would be a complete waste of taxpayer money.”

A PDF of the filing can be seen here: LA v. AHF

(Graphic: Courtesy of Dark Evil)

Mandatory Condom Ballot Initiative on June Ballot – Now What?

On Wednesday, Nov 30, AIDS Healthcare Foundation held a press conference to announce that they had collected 64,000 signatures on petitions for a ballot initiative that would force condom use to be mandated on adult production sets in the City of Los Angeles. If the signatures collected can be verified, the mandatory condom initiative would be put before Los Angeles voters in a citywide election to be held in June 2012. Condom enforcement would be administered through film location permits, and AHF has proposed a $85 fee from adult producers to pay for any enforcement staffing. This development is the latest action in AHF’s FAIR (For Adult Industry Responsibility) campaign.

A PDF of the ballot initiative petition can be viewed by clicking here.

In a previous press conference, Weinstein told reporters that if the ballot measure is approved by Los Angeles voters, that AHF will mount campaigns in other California cities and counties – effectively making California a condom-only state for adult productions.

As most industry members know, if the mandatory condom initiative was approved by voters, this would drive most producers to leave the state of California, or to take their productions “underground.” If that were the case, it would be very difficult to regulate any health & safety standards for the adult industry, including the industry-imposed regulations that have been effective since 1998.

Free Speech Coalition has responded to various accusations and attacks by AHF and grandstanding by AHF President Michael Weinstein, prior to the latest developments, and will continue to oppose AHF’s efforts to legislate sexual behavior between consenting adults on adult production sets.

Regarding the ballot initiative, FSC Executive Director Diane Duke said, “FSC Is opposed to mandatory condom regulation. History has shown us that regulating sexual behavior between consenting adults does not work. The best way to prevent the transmission of HIV and other STIs is by providing quality information and sexual health services. If condoms were mandatory existing testing protocols would likely disappear. The protocols that are in place are here to protect the performers and successfully do so.”

FSC also has represented a pro-adult industry voice to state regulatory agency Cal/OSHA during proceedings to develop industry-appropriate health and safety regulations. We have consistently supported self-regulation and monthly testing for performers as a successful model for risk management in adult productions. FSC also commissioned a report debunking the misinformation spread by AHF and LA County Public Health Department, and their claims that STI rates for performers present a public health threat or a possible “epidemic.”

When Adult Industry Medical Healthcare (AIM) closed in April – largely due to lawsuits brought against them by AHF – FSC also stepped up to develop APHSS.org, a health & safety program to regulate monthly performer testing and uphold the protocols practiced by AIM, which are highly effective at protecting adult performers.

In fact, condoms are only 85 percent effective in the prevention of pregnancy. Hence, use of condoms on adult sets, at best, also represents a risk management model that is not 100 percent effective. Promoting condoms as the only method for protecting performer health & safety is just one of many outlandish claims against the adult industry made by Weinstein and AHF.

Since 2009, when AHF began its campaign against the adult industry, there have been two incidents of performers that were found to be HIV-positive and neither of those cases were proved to involve transmission of HIV on a production set. The latest HIV incident, in August, was a result of a performer that received a false positive result, which has been verified with multiple tests over an extended time period.

FSC is asking for support from all industry members in order to confront the challenge from AHF and other anti-adult industry activists. As the adult industry trade association, our mission is to confront issues that threaten the well-being of the adult community and its businesses. That is why the association was founded and why we exist – to represent the best interests of the industry. We are honored to do this work, but we can’t do it without you.

At the last Cal/OSHA meeting regarding mandatory condoms, in June, more than 60 active adult performers attended; FSC was grateful for the help of several pro-industry activists that helped us have such a strong turn-out.

Now that AHF has stepped up their strategy to regulate adult productions – performers, producers, fans and other industry supporters must unite to make our voice heard, so that the oppressive legislation being pushed by AHF does not drive the industry out of California or force inappropriate regulation. If we do not meet the challenge, then who will stop groups like AHF from pushing for further legislation to control sexual behavior between consenting adults – even in the privacy of their own bedrooms?

FSC will continue to update our members and the industry on further developments. We are stronger if we are united, educated and informed on the issue. What can you do? For more information on how you can join FSC, please contact joanne@freespeechcoalition.com or (818) 348-9373.

ACLU Has Big Win Over Cal-OSHA Protecting Performer Privacy

Alameda Superior Court Judge Winifred Smith has ordered a permanent injunction preventing Cal-OSHA from obtaining the personally identifying information of “Patient Zero” or other patients of AIM.

The injunction was broadly worded and is a huge defeat of the California state agency’s efforts at obtaining the medical records and identifying information of adult film performers.

Karen Tynan, attorney for AIM explained, “Judge Smith was very specific in requiring Cal-OSHA to obtain performer permission and authorization before seeking HIV test results or personally identifying information. It is bittersweet after this lengthy fight and all that has happened in the last two years. Judge Smith made the correct ruling and the medical records of performers and performer medical privacy has been recognized as requiring protection from intrusive subpoenas of Cal-OSHA.”

Tynan expressed her gratitude to the Southern California ACLU office and Lori Rifkin who represented “Patient Zero” and obtained the original preliminary injunction in July of 2009.

At the time of the temporary injunction, a Cal-OSHA spokesperson had stated that the state regulatory agency had sought personal records for Patient Zero in order to identify the patient’s employer, in an effort to investigate working conditions at the company. In the original ruling, Judge Smith stated that Cal-OSHA , “has not demonstrated, by evidence or argument, a compelling need for the information sought in the subpoena.”

Patient Zero was diagnosed HIV-positive in June 2009, however no other performers were found to have contracted the virus as a result of the incident.

(Photo: Courtesy of GlenTamara)

Update on Testing Process for ‘Patient Alpha’

In the interest of providing accurate information to industry and media, Free Speech Coalition (FSC) has issued this update to explain the process of testing that took place for the adult performer identified as ‘Patient Alpha.’

In cooperation with the performer, FSC has reconstructed the process of testing for Patient Alpha, which resulted in what is now believed to be at least one false positive result and touched off a week-long industry moratorium on content production.

According to reports from the performer, the dates and sequence of tests are as follows:

Initial tests, administered by an unnamed testing facility –

• August 20- PCR/NAT; results come back “reactive” (indication of HIV exposure)
• Followed up with Western Blot and ELISA tests; both results negative for these tests

Secodary tests, administered by Talent Testing Services (TTS) –

• August 29 – PCR/DNA test is reported to patient as “reactive”
• Followed up with Western Blot and ELISA tests that produced negative result
• August 31 – Patient is contacted by TTS and told that results of an additional PCR/DNA test on original blood sample is negative

Test administered by Advanced Medical Testing Centers (AMTC – an APHSS.org recommeneded testing facility) –

• Sept 3 – PCR/RNA, Western blot and ELISA tests all return negative results; patient is informed

FSC would like to add that none of the results for tests taken outside of APHSS.org program can be confirmed at this time, except as reported by he patient. Talent Testing Services is not a participant in APHSS.org.

Patient Alpha  has signed a medical information release waiver and APHSS.org medical advisers have requested copies of the raw data of the test results from Talent Testing Services. There has been no response at this time.

PCR/RNA is the only HIV test approved by the FDA for diagnostics in “primary or accute infection,” but also must be confirmed with supplementary tests. This is a more recently-developed test than the PCR/DNA, which is the industry standard for monthly testing of performers.

When test results were returned by AMTC and after consultation with APHSS.org medical advisers, FSC/APHSS.org was satisfied that the moratorium on content production could be lifted this past Saturday.

(Photo: Some rights reserved by Penubag)

Update on Possible HIV Exposure of Adult Industry Performer

Free Speech Coalition (FSC) announced today some important news for the industry. An HIV test for “Patient Alpha,” administered by an APHSS.org testing facility, has been returned with negative results.

Recognizing the importance of accurate information being presented to the industry and media, FSC stresses that while test results indicate a negative result for the patient, follow-up testing is appropriate in this case.

“This is good news for the primary patient, the industry will continue to be abundantly cautious as we try to nail down the reasons for what now appears to have been a false positive result on a previous test,” FSC Executive Director Diane Duke said. “After discussion with our medical expert, he has advised that it would be appropriate for production to resume and the focus of attention brought to those who had worked with the performer. That group is already receiving care.

“FSC/APHSS.org will narrow the circle of caution to focus our concern on the group of people who had worked with the performer,” Duke continued. “Our prayers and utmost empathy go out to the performer in what has been a very difficult period.”

FSC called for an industry-wide precautionary moratorium on production last Sunday, after reports of a preliminary HIV positive test result for an adult performer in Florida. The performer in question and the adult industry were demonized as rumors and misinformation spread like wildfire. But recent developments imply that industry standards are working.

Duke continued, “Industry self-regulation and best practices are alive and well in the adult entertainment industry – and they work. We fully understand that it is vitally important for the adult performers have a place to go that is safe, trusted and transparent.”

(Photo: Some rights reserved by Public Library of Science)