No on Government Waste Committee Outlines What AIDS Healthcare Foundation’s $4 Million in Campaign Expenditures Could Buy for AIDS Patients

Costly Campaign for Measure B Ignores Real HIV Health Threats in LA County

Recent campaign finance disclosure reports show that the AIDS Healthcare Foundation has already spent over $1.6 million on its efforts to pass Measure B, the so-called “Safer Sex” initiative on the Nov. 6^thballot in Los Angeles County, in addition to another estimated $2.5 million spent to pass a similar proposal at the City of Los Angeles, funds that could have been better spent combating HIV in underserved parts of the County according to the No on Government Waste Committee.

“It’s astonishing to think of what $4 million could have been better spent on than this initiative in combating the real problem areas of HIV and healthcare,” said James Lee, communications director for the No on Government Waste Committee. “That money could have paid for the entire state of the art testing program for the adult film industry for three years for example.”

The No on Government Waste Committee examined the most recent campaign disclosure forms filed by the Yes on B campaign and found that it had raised $1,643,467.20 to date with all of the money coming from a single donor: The AIDS Healthcare Foundation, with expenditures of $1,638,044.76.

“In comparison, we have been effectively outspent by a ratio of 14 to 1 and yet, voters, business groups and community organizations are flocking to urge ‘No’ votes because they see how ineffective and useless Measure B will be,” Lee said. “With funding coming from just one source, voters have to ask tough questions about what other uses those funds could have been put to.”

In addition to the $1.6 million already spent by the AIDS Healthcare Foundation, it had previously spent an estimated $2.5 million to push this measure at the City of Los Angeles, as well as qualify it for the LA County ballot through paid petition signature gatherers.

Using the AHF’s own calculations, the No on Government Waste Committee estimated that the $4 million spent by AHF could have also been used to:

• Build a community clinic in a primarily impoverished African-American neighborhood where the population of those at highest-risk for HIV infection lives according to the Los Angeles County Dept. for Public Health. AHF currently only operates one healthcare center in a predominately African-American neighborhood, but operates three in predominately white, more affluent neighborhoods;
• Train 8,000 physicians in the provision of HIV/AIDS medical care;
• Support outreach in African-American and Spanish-language newspapers and media for an entire year to urge more testing for young, minority, gay males at highest-risk for infection;
• Pay for HIV testing of over 3,300 people every month for an ENTIRE year;
• Provide HIV treatment and care for 20,000 patients for an ENTIRE year;
• Buy and operate two mobile clinics offering free HIV testing in underserved minority communities, as well as offer primary health check-ups for the uninsured.

“As a non-profit organization dedicated to combating the scourge of AIDS and HIV infection, voters have to question AHF’s obsession with porn when there are clearly so many more important and significant public health risks in our communities,” Lee added. “Voters have to question the priorities of AHF when passage of Measure B would divert significant County public health resources away from real health hazards and send County employees to film sets to watch porn shoots, instead of into our communities where they belong.”

According to the California Dept. of Public Health, from June 30, 2008 to June 30, 2011, there were 6,447 new cases of HIV reported in Los Angeles County, but only two were adult performers who did not contract the disease on-set. Since 2004, there have been no documented cases of HIV transmission on an adult entertainment set. In fact, with the industry’s strict testing protocols — requiring testing every 14 and 28 days for HIV, chlamydia, gonorrhea and syphilis — adult performers are the most tested workforce in the nation.

Measure B, funded and placed on the ballot by the AIDS Healthcare Foundation, would require the Los Angeles County Department of Public Health to license and permit adult movie productions in the county and require performers to wear condoms and create an unworkable system of on-set inspections and enforcement by county personnel. The county estimates initial start-up costs for the program to be in excess of $300,000, but acknowledges that regardless of the level of compliance by the adult film industry, there would be significant cost to the Department of Public Health.

No on Government Waste Committee
The Committee is comprised of entertainment companies, local business organizations, community activists, adult entertainment performers and healthcare advocates who oppose Measure B’s plan for creating an underfunded government inspection program diverting badly needed resources from local community clinics and underserved minority communities. For more information, please visit: www.noongovernmentwaste.com.

Measure B Would Affect Only 280 Adult Performers In Los Angeles County In Colossal Waste Of Taxpayer Dollars

A detailed analysis of the adult entertainment industry’s medical testing database reveals only 280 performers live and work year-round in Los Angeles County and make up the bulk of scenes shot and subject to the provisions of Measure B, the so-called “Safer Sex” initiative on the Nov. 6^th ballot in Los Angeles County, dramatically underscoring the miniscule effect the measure would have with significant cost to county taxpayers, according to the No on Government Waste Committee.

“It’s mindboggling to think we are subjecting the voters of LA County to this ballot fight over 280 performers that are already subject to one of the most stringent sexually transmitted disease testing programs in the world,” said James Lee, communications director for the No on Government Waste Committee. “When you couple that with the over $4 million already spent by the AIDS Healthcare Foundation in supporting this measure, you have to wonder what kind of porn obsession Michael Weinstein has and what it is taking away from the real threats of HIV.”

The Free Speech Coalition, the adult film industry’s trade association, analyzed the testing database of performers who undergo regular tests for HIV, chlamydia, syphilis and gonorrhea every 14 and 28 days, and determined there were a total of 1,266 performers nationwide with 280 living year-round in Los Angeles County, representing 22 percent of all adult performers. The database represents the vast majority of those affected by Measure B since Measure B would not impact productions, such as amateur shoots, that avoid county permitting or simply operate out of someone’s home.

“This points up the greatest failing of Measure B, which is that it’s practically unenforceable when you consider that productions and performers affiliated with the larger studios and production companies are simply going to move out of LA if Measure B passes,” Lee said. “What you would be left with are small, amateur productions that will not only evade permitting, but also avoid testing and thus put even more people at real risk.”

Measure B, funded and placed on the ballot by the AIDS Healthcare Foundation, would require the Los Angeles County Department of Public Health to license and permit adult movie productions in the county and require performers to wear condoms and create an unworkable system of on-set inspections and enforcement by county personnel. The county estimates initial start-up costs for the program to be in excess of $300,000, but acknowledges that regardless of the level of compliance by the adult film industry, there would be significant cost to the Department of Public Health.

Lee reiterated that no adult performer has contracted HIV on set since 2004 and in the same period, 6,447 residents of Los Angeles County have contracted HIV, highlighting the need to focus on increased testing and detection in the general population where the real HIV threat is today.

“According to the Los Angeles County Dept. of Public Health’s own HIV risk assessment, the adult film industry wasn’t even mentioned as a potential high risk area, while the highest at-risk population in the County are young, African-American gay men, a population the AIDS Healthcare Foundation has chronically and shamefully underserved,” Lee added.

No on Government Waste Committee

The Committee is comprised of entertainment companies, local business organizations, community activists, adult entertainment performers and healthcare advocates who oppose Measure B’s plan for creating an underfunded government inspection program diverting badly needed resources from local community clinics and underserved minority communities. For more information, please visit: www.noongovernmentwaste.com.

The Truth About L.A.’s Condom Ballot Measure

AIDS Healthcare Foundation’s latest billboard attack on the adult industry appears to be Michael Weinstein’s attempt at irony, but actually betrays his campaign’s real purpose – to attack adult entertainment, under the guise of “protecting performers.” Using the No ON Measure B logo may seem like a provocative strategy on AHF’s part, but what it really shows is AHF’s total lack of knowledge around the adult industry.

Because if Weinstein and his AHF cronies had any real contacts within the adult industry – not just disgruntled, paid former performers, but actual working members of the industry – he would know that many of the “pornographers” he is vilifying with his efforts are also performers themselves, or started in the industry as performers.

The people that Weinstein is denigrating with his message are the same people he professes to “protecting” with his third party, big money, special interest campaign to drive the adult industry out of Los Angeles County. Behind AHF’s misguided rhetoric, there is a presumption that, somehow, “pornographers” are coercive, dishonest and law-breakers.

But the real truth is that the adult entertainment industry in California is the most scrutinized, most regulated sector of the adult industry in the world. In fact, adult film producers are as compliant and law-abiding as possible – not only because they are honest business people – but also for fear of becoming the easy target of ultra-conservative, anti-adult activists that push their moral agenda by bashing porn.

AHF spreads misinformation and skewed statistics about the rates of STIs in the adult industry when, in fact, if a single performer contracts HIV, it makes headlines from Los Angeles to Mumbai overnight. Any STI exposure incident that threatens the performer population causes an immediate halt of production, until the situation is contained and addressed by appropriate medical providers.

AHF would like you to believe that condoms – which are NOT 100% effective against STIs – are much more effective than the regular performer testing protocols that has been in place since 1998. In fact, since 2008, there have been nearly 7,000 new HIV cases reported in L.A. County – but only two of those were adult performers, both of which reportedly contracted the virus off of a production set.

The Centers for Disease Control have reported that most HIV infections are the result of people that don’t know they’re infected. Nearly a quarter of those that have HIV never test, so they don’t know they’re infected. In that context, you’re much better off having a fling with an adult performer, than with someone you meet in a bar on Saturday night. Because performers test every 14-28 days – they KNOW they’re status, and if they aren’t healthy, they can’t work. The industry has successfully implemented mandatory testing since 1998.

In fact, former performer Derrick Burts – now AHF’s favorite posterboy – says that he contracted HIV on a CONDOM-ONLY gay production set. Burts also says that he managed to contract chlamydia, gonorrhea and herpes during his THREE months as a performer – but he doesn’t say that he advertised on a gay escorting site, or that he has been paid $7,000 to appear in commercials for the Yes on Measure B campaign.

Contrast that with current performer Steven St. Croix, who has been in the industry since 1992, performed in nearly 2,000 scenes and says that in his career, he contracted chlamydia ONCE.

The truth is that if Los Angeles voters approve this seriously flawed, unenforceable initiative into law, it will result in millions of dollars in litigation, with both the adult industry and AHF likely to take action against the County of Los Angeles. It also will cost the area thousands of jobs and up to $1B in economic activity.

It will result in a new bureaucracy to send “condom police” to hunt down adult production sets that will have no choice but to flee underground or to other areas – while programs that need funding are slashed to bare bones.

And it will endanger performers by forcing them to areas where there is less or no regulation, in order to compete with content producers and performers from Europe, Asia and other locations worldwide.

Lastly, if Measure B is approved by voters, it won’t stop or even slow the spread of HIV and other STIs. The only thing that will do that is adequate education, resources and outreach to the most affected, under-served populations where STI rates are spiking – and that’s NOT in the adult industry community in Los Angeles County.

That’s the truth. If you plan to vote on the L.A. County ballot on Nov. 6, we encourage you to consider what’s really at stake here, and to not be fooled by AHF’s secret agenda.

And now, some campaign spots – each of which were produced voluntarily, without paid actors, by actual members of the adult industry that feel that their jobs, livelihoods and rights are threatened by Measure B:

 

Video Call-to-Action from Hall-of-Fame Adult Actor Steven St. Croix

Free Speech Coalition (FSC) encourages industry members to participate in a video call-to-action tomorrow at 9am PDT. Multi award-winning Hall of Fame performer Steven St. Croix is behind the social media effort to unify industry opposition to Measure B, the Los Angeles “safer sex” initiative aimed at adult film productions.

St. Croix and industry colleagues at Remmet Studios volunteered their time and services to shoot the video for the No on Government Waste Campaign effort. Written and produced by the actor, the video sends a strong message to Los Angeles voters – “Measure B – bad for business, bad for public health and BAD for L.A.”

As part of the effort to kick off a social media blitz, St. Croix is asking adult industry members to take an hour – between 9-10am PDT on Tuesday, Sept. 25 – to post YouTube links on Twitter, Facebook, and other social networks, as well as share the message with their friends, fans and followers in the L.A. area.

“On Tuesday, March 25th at 9am PST, we are asking ALL adult video companies, their social media directors, producers, directors, talent, crew, assorted executive and management people and THE FANS of adult films to Tweet, re-Tweet, post on their blogs or websites, link to or embed the following two NoToMeasureB clips for one hour between 9am PST and 10am PST. Please, take one hour with all activity pointing to the two NoToMeasureB video clips,” said St. Croix.

“As we have limited funds for media exposure, we are taking our fight to the Internet. We are hoping that a mass social media onslaught of the same message, at the same time, around the country and hopefully the world, will create the breakthrough point we need to get everyone, including the L.A. County voters, to really know what they are being presented with in November,” St. Croix added. “We need to get the message out and BE HEARD by the mainstream press outlets. In addition, the voters and taxpayers are being told that their hard-earned money is being thrown away on the frivolous personal agenda of a twisted minority.

“This is a moment that doesn’t require you to march, starve yourself or set fire to yourself. All you need to do is raise that little index finger and click share, re-tweet, post, like, Pin, or whatever and however you share on social media,” St. Croix said lastly. “This has worked for other causes and brought attention to the real issues at hand today. It is our belief that this will not only be a massive show of solidarity amongst a business that can, at times, be fractured and non-communicative to the public. We also believe that fans, viewers and all people who enjoy the adult material we provide, can show their support for us and the right of free speech.”

FSC encourages industry members to be pro-active, and to join in the social media effort and get the campaign’s message to L.A. voters.  The videos will be posted on the FSC various social platforms, including Facebook, @FSCArmy, @YourAPHSS and @NoToMeasureB.

“This industry has always been on the forefront of social media, and now is the time to get the message out to fans, friends, consumers and everyone else in L.A. County to vote no to Measure B,” said FSC Communications Director Joanne Cachapero. “The measure will drive jobs and revenue from Los Angeles – and it will not help stop the spread of HIV or get services to the people that really need them. Industry members need to show their opposition to Measure B and speak up.

“Steven took it upon himself to create this video, so a special thank you to him and the folks at Remmet,” Cachapero added. “There has been an industry outpouring of support for the opposition to Measure B – now we need to take it to the voters.”

No On Government Waste Commitee Praises AIDS Healthcare Foundation For Offering One-Minute HIV Testing

AIDS Healthcare Foundation gala at The Abbey in West Hollywood, CA, celebrates a new program using one-minute INSTI™ HIV test

While guests and celebrities such as Glee’s Dot-Marie Jones and E! Entertainment Television host Charlie David are being feted at a gala party at The Abbey in West Hollywood tonight, the No on Government Waste Committee, opponents to Measure B, the so-called “Safer Sex” initiative on the Nov. 6^th ballot in Los Angeles County, applauded the AIDS Healthcare Foundation for advocating the importance of frequent testing in controlling the spread of HIV.

“We are heartened that AHF has put such an emphasis on frequent testing to help control the spread of HIV. It’s only through the frequent and thorough testing of performers in the adult film industry that we have been able to maintain a zero infection rate on-set since 2004,” said James Lee, communications director for the No on Government Waste Committee. “Organizations from the World Health Organization to the National Centers for Disease Control to AHF have long maintained the importance of frequent testing and counseling in controlling the spread of HIV.”

According to the California Dept. of Public Health, from June 30, 2008 to June 30, 2011, there were 6,447 new cases of HIV reported in Los Angeles County, but only two were adult performers, both of whom did not contract the disease on-set. Since 2004, there have been no documented cases of HIV transmission on an adult entertainment set.  In fact, with the industry’s strict testing protocols – requiring testing at least every 14 and 28 days for HIV, chlamydia, gonorrhea and syphilis – adult performers are the most tested workforce in the nation.

“Even though passage of Measure B significantly raises costs to the county and potentially cripples community health programs, we are hopeful AHF would publicly commit to divert more of its ample government-funded resources to better serve African-American, Latino and economically disadvantaged communities where, according to the Los Angeles County Dept. of Public Health, sexually transmitted diseases are on the rise,” Lee added. “In fact, maybe they can donate the convertible Fiat 500 being given away by Santa Monica Fiat to a community clinic in Southeast LA that is underfunded.”

Measure B, funded and placed on the ballot by the AIDS Healthcare Foundation, would require the Los Angeles County Department of Public Health to license and permit adult movie productions in the county and require performers to wear condoms and create an unworkable system of on-set inspections and enforcement by county personnel. The county estimates initial start-up costs for the program to be in excess of $300,000, but acknowledges that regardless of the level of compliance by the adult film industry, there would be significant cost to the Department of Public Health.

No on Government Waste Committee

The Committee is comprised of entertainment companies, local business organizations, community activists, adult entertainment performers and healthcare advocates who oppose Measure B’s plan for creating an underfunded government inspection program diverting badly needed resources from local community clinics and underserved minority communities. For more information, please visit: www.noongovernmentwaste.com.

FSC Introduces No on Government Waste, No on Measure B Campaign Committee Staff

The Free Speech Coalition is pleased to introduce the “No on Government Waste – No on Measure B” campaign staff.

Planning with our campaign manager for the potential ballot measure began early in 2012 with the committee officially coming together in July. During that time, campaign staff and committee members have worked tirelessly gathering and analyzing polling data, developing communication and fundraising strategies, soliciting donations to build the campaign infrastructure and preparing for the launch of the campaign.

Senior campaign staff includes:

Sue Burnside, the “No on Measure B” Campaign Manager is the Founder and CEO of Burnside and Associates. Established by Sue Burnside in 1991, Burnside & Associates is a Los Angeles-based political consulting firm specializing in sophisticated grassroots field operations, turnout programs, ground-based vote-by-mail programs and coalition building. Fifteen percent of Burnside & Associates’ races have been decided by less than one percent of the total votes cast. Their direct mail programs have a 95 percent win record.

In 2008 Burnside & Associates achieved a perfect 100% win record for both their Political and Corporate Clients.  In 2009, Burnside & Associates was proud to announce a 100 percent win record for their Corporate Clients. In 2010, they scored a 90% win rate for their clients.  They kicked off last year with Rep. Janice Hahn’s historic first open primary Congressional election in California and ended it with solid wins for their political, corporate and municipal clients.  Included in their long list of clients are the DNC in Oregon, New Mexico and California, Linda Sanchez for Congress, AARP, HRC-Protect Our Constitution-Hawaii & California Project, America Votes, JetBlue and many, many more.  For more information about Burnside and Associates, click here.

James Lee of The Lee Strategy Group, Inc. (LSG) is the campaign’s Communications Director.  Prior to forming LSG, James was a director at the global PR firm Burson-Marsteller working on a wide array of issues, including utility deregulation, wireless standards, biotechnology and healthcare, business-to-business marketing, labor relations, environmental communications, community outreach and coalition building. He also has extensive experience in HIV and AIDS drug development having worked for biotech firms searching for cures and treatments.

James’ extensive campaign experience includes working for several conservative candidates and organizations including President George H.W. Bush and Governor Pete Wilson.   Because of James’ extensive experience working to fight onerous government regulation and the relationships he developed in the course of those fights, he brings to the campaign the ability to connect successfully with the County’s more conservative business organizations.  Campaign poll results emphasize the importance of a bipartisan effort as this ballot measure cannot be simple-mindedly pigeonholed as either a Democratic or Republican issue.  For more information about LSG, click here.

Goodwin Simon Strategic Research (GSSR) is the pollster for the campaign.  GSSR is an independent opinion research firm with offices in Los Angeles and San Francisco. Together, Partners Paul Goodwin and Amy Simon bring more than 30 years of experience in polling, social and political marketing, policy analysis, program evaluation, and communications for clients in the political, public, and private sectors.

GSSR offers a comprehensive array of quantitative and qualitative research services, including telephone, on-line, and intercept surveys; focus groups; and consulting. Their research and consulting services guide strategic and tactical decision making across the full range of campaign concerns.

GSSR’s client list includes, American Federation of State County and Municipal Employees (AFSCME), American Cancer Society, California Progressive Alliance, Courage Campaign, Marijuana Policy Project and yes, even AIDS Healthcare Foundation.  For a more extensive list of clients and more information about GSSR, click here.

“We couldn’t be happier with the people who are coming together to fight this ballot measure,” said Diane Duke, Free Speech Coalition CEO. “This issue is non-partisan, and it cannot be broken down by traditional demographic lines. We have assembled an exceptional team of experts that can reach all parties and bring us to a win.”

FSC Speaks About Launch of No on Government Waste Campaign

Free Speech Coalition (FSC) announced today the launch of a campaign against the AIDS Healthcare Foundation sponsored measure mandating condoms in the adult film industry in LA County — Measure B.

No on Government Waste, a broad-based coalition of business organizations, entertainment companies, community activists and healthcare advocates announced the campaign launch this week to media outlets nationwide.

The campaign has polled likely voters in LA County to determine their position on Measure B.

“There is a clear path to win this campaign,” said Diane Duke FSC CEO and No on Government Waste committee member. “The key will be to educate voters about the harm to performers and the taxpayer expense that comes with this flawed measure.”

Los Angeles County estimates the initial start-up costs for the inspection and permitting program would come to more than $300,000 per year in administration, salary and benefits for county inspectors, but with Film LA, Inc., the film-permitting arm for Los Angeles County, estimating less than 480 permits issued for all adult film shoots, the program could start losing money from its launch.

Measure B also stipulates standards for conduct on sets during filming that could require actors and film crew to wear gloves, goggles and lab coats.

“The people of Los Angeles County can think of a lot better uses for the time of first responders, county health inspectors and other government personnel than hanging around an adult film shoot checking for condom usage,” said James Lee, spokesman for the No on Government Waste Committee. “Measure B is seriously flawed and is going to cost taxpayers money and cost them critical health services.”

No on Government Waste Committee

The Committee is comprised of entertainment companies, local business organizations, community activists, adult entertainment performers and healthcare advocates who oppose Measure B’s plan for creating an underfunded government inspection program diverting badly needed resources from local community clinics and under-served minority communities. The Committee will be launching its online program, which will provide additional information to interested voters.

Campaign to Defeat Measure B Requiring Condoms on Adult Film Sets Launched by Broad Coalition

Ballot Initiative Would Result in Cuts in Healthcare Services and Government Deficits

Citing the potential for deficits in county healthcare programs, a broad-based coalition of business organizations, entertainment companies, community activists and healthcare advocates today announced the launch of a campaign aimed at defeating Measure B, the so-called “Safer Sex” initiative on the Los Angeles County ballot this Nov. 6^th.

“Measure B is a waste of taxpayer dollars, does nothing to promote better healthcare and threatens to add increased costs to the county by creating another underfunded government program,” said James Lee, spokesman for the No on Government Waste Committee. “Measure B will result in deficits threatening community clinics and healthcare services to the poor and minority communities of Los Angeles County.”

Measure B, funded and placed on the ballot by the AIDS Healthcare Foundation, would require the Los Angeles County Department of Public Health to license and permit adult movie productions in unincorporated areas of the county and require performers to wear condoms and create an unworkable system of on-set inspections and enforcement by county personnel. The measure hopes to fund the program through permitting fees, but makes no allowance should funds prove insufficient to maintain the program.

“The adult entertainment industry has the most aggressive and comprehensive testing and reporting program in the country. It’s an industry that acts swiftly and responsibly in shutting down production nationwide at even a hint of a positive test result,” Lee said. “What this is really about is creating another government bureaucracy regardless of what it means for county healthcare services and drive production-related jobs out of an area with stagnant job growth.”

Los Angeles County estimates the initial start-up costs for the inspection and permitting program would come to more than $300,000 per year in administration, salary and benefits for county inspectors, but with Film LA, Inc., the film-permitting arm for Los Angeles County, estimating less than 480 permits issued for all adult film shoots, the program could start losing money from its launch.

Measure B also stipulates standards for conduct on sets during filming that could require actors and film crew to wear gloves, goggles and lab coats.

“The people of Los Angeles County can think of a lot better uses for the time of first responders, county health inspectors and other government personnel than hanging around an adult film shoot checking for condom usage,” Lee said. “Measure B is seriously flawed and is going to cost taxpayers money and cost them critical health services.”

• Facts about the adult entertainment industry:In Los Angeles County from June 30, 2008 to June 30, 2011, there were 6,447 new cases of HIV reported according to the California Dept. of Public Health, but only two were adult performers who did not contract it on-set;
• There have been no documented cases of HIV transmission on an adult entertainment set since 2004;
• The industry sets testing standards far in excess of virtually any other industry such as local hospitals, pharmaceutical firms or food service. It is also the only industry that orders industry-wide shutdowns of production whenever a threat to performers exists;
• The industry employs over ten thousand workers in production-related jobs such as make-up, lighting, carpenters, transportation, food service, payroll processing, web design, etc. All of which would be in jeopardy should Measure B pass;
• The industry contributes over a billion dollars in local economic impact and tax revenues to local cities and the county that would also be in jeopardy.

No to Government Waste Committee

The Committee is comprised of entertainment companies, local business organizations, community activists, adult entertainment performers and healthcare advocates who oppose Measure B’s plan for creating an underfunded government inspection program diverting badly needed resources from local community clinics and under-served minority communities. The Committee will be launching its online program, which will provide additional information to interested voters.

The Los Angeles Condom Mandate: A Radio Debate with FSC’s Diane Duke and AHF’s Michael Weinstein

Controversy over the Los Angeles Safer Sex in Adult Films “condom” ordinance is heating up. The mandate, which is already in effect as an ordinance in the City of Los Angeles, is also up for a countywide vote in November. If passed, the County of Los Angeles will create a new agency to enforce mandatory use of barrier protection (condoms, eye protection, dental dams, gloves, et al) on adult production sets. A report outlining possible enforcement plans for the ordinance was submitted to the City Administrator on August 15th. These are the latest developments in the campaign for condom legislation, waged by AIDS Healthcare Foundation (AHF) since 2009.

FSC Executive Director Diane Duke debated AHF President Michael Weinstein this week, live on KPCC. Listen here. Also interviewed in this piece on Airtalk; City Administrator Miguel Santana.

Free Speech Coalition has led the opposition against this ordinance, which is overly broad, impossible to enforce and faces constitutional challenges. The legislation is the brainchild of AIDS Healthcare Foundation, the world’s largest HIV nonprofit – as well as a deep-pocketed, outside entity that has relentlessly attacked adult industry businesses on behalf of “protecting the performers.” AHF’s legal actions were a direct factor in the closure of the AIM clinicin 2010, the adult industry’s nonprofit resource for STI testing. In fact, AHF’s misguided campaign has endangered the performers.

There have been more than 6,000 new cases of HIV in Los Angeles since 2008; there have been two documented cases of adult performers contracting HIV since 2008 and neither was reported to be in relation to work on an adult production set. The industry has implemented health & safety protocols and complied with self-regulation successfully since 1998.

FSC has worked with industry stakeholders, compliance experts, attorneys, representatives of Cal-OSHA to try and develop industry appropriate standards. FSC also operates the Adult Production Health & Safety Services (APHSS.org) program, to offer reliable monthly STI testing for performers and uphold industry self-regulation standards based on the work of the AIM clinic. Our system is a secure information database that safeguards user privacy, working with a network of established healthcare providers nationwide.

At a time when the state of California and the county of Los Angeles face serious budgetary reductions, we believe it is irresponsible to support or approve of a legislative mandate that will only result in a poorly written law and more funds spent in litigation when the ordinance is challenged.

Lastly, when an activity is outlawed, it is not eliminated but driven underground, where regulation and cooperation become near impossible. The twisted efforts of Weinstein and AHF to eliminate the adult production industry – under the guise of working for the greater good – is dangerous grandstanding based on stereotypes and scare tactics. AHF vilifies adult industry producers as exploitive, the same way that people once stigmatized HIV+ individuals as vectors of disease. Which group will they attack next, in their zeal to “protect” by mandating sexual behavior?

Please, support our efforts to say NO to this ballot initiative; its ballot identification number is to be announced.

If you would like to learn more about the Los Angeles condom ordinance, contact joanne@freespeechcoalition.com.

(Photo: Courtesy of Nickpo)

Working Group Postpones Results of Report on Condom Ordinance Enforcement

At the City Administrator’s office this morning, the Working Group on the City of Los Angeles Safer Sex in the Adult Film Industry Ordinance met to review a report on enforcement strategy for condom ordinance on adult sets.

The meeting was started and it was announced that the Working Group report on enforcement was not ready and that another meeting would be scheduled next week, when the report should be completed. Despite the postponement, a public commentary period was allowed.

Adult industry members that attended the meeting included Immoral Productions owner/producer Dan Leal, industry attorneys Michael Fattarosi and Allan Gelbard, FSC Executive Director Diane Duke and Membership/Communications Director Joanne Cachapero.

Among those in the Working Group were representatives from L.A. Fire Department, Film L.A.,  the city council, the city attorney’s office and the department of public health. L.A. Police Department and Cal-OSHA representatives were absent.

During the public commentary period, Leal reported a situation that occurred last night on a webcam shoot for Immoral Productions. Leal said Los Angeles police had visited the set and that a citation had been issued to the camera operator (an independent contractor), for shooting a commercial production without a permit. Leal requested for the group to clarify if permits where required for any commercial shoot, even including a husband and wife that might produce amateur webcam content for profit in their home.

Leal and those present were informed that permits are required for any commercial production that is not shot on a soundstage.

FSC’s Duke then spoke, pointing out that the adult industry should not be treated differently than other entertainment media, based on sexually explicit content.

“You deal with film permits everyday,” Duke said, “but if the adult industry is going to be treated differently, then we have a problem with that.”

She went further to explain that an ordinance applied specifically to the adult industry would put the industry in a position to experience other forms of discrimination and censorship.

At that point, AIDS Healthcare Foundation (AHF) representative Mark McGrath was allowed to speak on behalf of the HIV nonprofit organization that is behind the push to enforce mandatory condom law.

He called the adult entertainment industry an “outlaw” industry, and said the industry had been violating condom regulations all along. He said that it was time for the industry to have a “modicum of corporate citizenship,” in regards to condom use. And he also stated that the city should call for RFPs (request for proposal), in order to establish contracts for enforcement staffing.

Speaking last, industry attorney Gelbard talked about the constitutionality of the condom ordinance.

“One point is very clear,” Gelbard said. “The statute is unconstitutional.”

He cited case law, referring to cases including Freeman v. California, and precedents establishing the legal and First Amendment protections for the adult industry. On the issue of freedom of expression, Gelbard noted that producers cannot be compelled to send a “safe sex message,” because this would infringe on the producer’s right of expression. He also called the ordinance “content-based” and assured the group that the ordinance would not withstand closer scrutiny in court.

The meeting was adjourned shortly after the commentary period. The next and final meeting of the Working Group will be scheduled for next week.

(Photo: Some rights reserved by Josef325)