FSC Call-for-Action on AB 332 – Write, Call, Email or FAX Legislators

April 16, 2013

unclesamwithabugleFree Speech Coalition is issuing a call-of-action to all its members and opponents of Assembly Bill 332, the proposed bill to mandate barrier protection in adult film productions in California. AB 332 is scheduled to go before the State Assembly Labor Committee on April 24.

Below you will find a letter that can be copied and pasted into an email or another document format and then sent to the Labor Committee representatives listed below. Please, reach out to these legislators by email, written letter, FAX or phone and tell them that you oppose AB 332.

Please, send your message before April 24 and help us fight the good fight. Now is the time to come together and voice your opposition to AB 332 – before the industry is driven out of California, or another dime of taxpayer money is wasted on this poorly written law.

For more information on AB 332, or on how YOU can help oppose condom laws, contact info@freespeechcoalition.com or call (818) 348-9373. Thank you for your help!

SUBJECT LINE (if emailed): I do NOT support AB 332 – please, stop this waste of taxpayer dollars

Dear [decisionmaker],

Assembly bill 332 is being brought before State Assembly Labor Committee, authored by Assemblymember Isadore Hall III, (Democrat, 64th District – Compton) and co-authored by Assemblymember Richard Bloom, (Democrat, 50th District – Santa Monica).

This proposed legislation is overbroad and was written without the input of those most affected by it – the producers and performers of the adult film industry. If allowed by California lawmakers, AB 332 will effectively drive the adult industry out of California to areas where responsible, appropriate regulation will be difficult, if not impossible, to enforce.

AIDS Healthcare Foundation (AHF) has been the only sponsor of this legislation that is an offshoot of the Measure B legislation passed in Los Angeles in November. Presently, adult producer Vivid Entertainment and two other plaintiffs are suing the County of Los Angeles because of Measure B; at the very least, any decision on state legislation should wait until a decision is delivered in the local case.

While AHF would have constituents believe that AB 332 (and Measure B) are based on protocols for workplace health & safety, in fact this legislation threatens to destroy adult film industry self-regulation and a rigorous STD testing program that has proved effective at protecting the health and safety of performers since it was instituted in 1998. AHF has used significant funding (to the tune of more than $5 million by some estimates) and misleading information to sway legislators and the public.

In fact, the adult film industry is a legal and responsible industry. The STD testing program (APHSS.org) was developed to effectively manage risk and has been successful at nearly eliminating “outbreaks” of STDs. There has not been an on-set incidence of HIV infection since 2004. Both producers and performers are voluntarily compliant with the industry-appropriate standards that are currently observed, but that would not be the case if condom (and other barrier protection) use were mandated.

In any case, matters related to workplace safety fall under the jurisdiction of state agency Cal-OSHA; to shift responsibility for enforcement of any workplace safety-related legislation to local municipalities and counties is an unnecessary burden to taxpayers in those locations, who would be charged with providing significant resources and infrastructure in order to provide enforcement of such legislation.

Please, do not support AB 332 – this legislation is poorly written, unnecessarily overbroad and addresses a problem that doesn’t exist. Thank you for your time.

Sincerely,

[Your name]

State Assembly Labor Committee Contact Info

Assemblymember Roger Hernandez (D)

100 North Barranca Street
Suite 895
West Covina, CA 91791

Tel: (626) 960-4457
Fax: (626) 960-1310

assemblymember.hernandez@assembly.ca.gov

Assemblymember Jeff Gorel (R)

2659 Townsgate Rd Suite 236
Westlake Village, CA 91361

Tel: 805-230-9167
Fax: 805-230-9183

assemblymember.gorel@assembly.ca.gov

Assemblymember Mike Morrell

10604 Trademark Parkway North, Suite #308
Rancho Cucamonga, CA 91730

Tel: (909) 466-9096
F: (909) 466-9892

assemblymember.morrell@assembly.ca.gov

Assemblymember Luis Alejo

Salinas Office:
100 West Alisal Street
Suite 134
Salinas, CA 93901

Tel: (831) 759-8676
Fax: (831) 759-2961

Hollister Office:
Briggs Building
365A 4th Street
Hollister, CA 95023
Tuesdays
10am-5pm
Tel: (831) 638-3228

Watsonville Office:
275 Main Street
Suite 104
Watsonville, CA 95076
Every Wednesday
9am-5pm
Phone: (831) 761-7428

assemblymember.alejo@assembly.ca.gov

Assemblymember Ed Chau

205 South Chapel Avenue, Suite B
Alhambra, CA 91801

Tel: (626) 382-0049
Fax: (626) 382-0048

assemblymember.chau@assembly.ca.gov

Assemblymember Jimmy Gomez

1910 West Sunset Boulevard
Suite 810
Los Angeles, CA 90026-3350

Tel: (213) 483-5151
Fax: (213) 483-5166

assemblymember.gomez@assembly.ca.gov

Assemblymember Chris Holden

600 N. Rosemead Blvd, Suite 117
Pasadena, CA 91107

Tel: (626) 351-1917

assemblymember.holden@assembly.ca.gov


FSC Thanks Opposition to AB 332 Volunteers

April 12, 2013
(l to r) Attorney Karen Tynan, FSC CEO Diane Duke, director Eli Cross, performer Alana Evans, former performer/blogger Lydia Lee

(l to r) Attorney Karen Tynan, FSC CEO Diane Duke, director Eli Cross, performer Alana Evans, former performer/blogger Lydia Lee

Free Speech Coalition would like to express gratitude to the industry members and experts that volunteered their time to speak in Sacramento, on opposition to Assembly Bill 332 in front of the Arts & Entertainment Committee at the state capitol. AB 332 was presented to lawmakers on Tuesday.

Current performer Alana Evans, former performer/blogger Lydia Lee (aka Julie Meadows), producer/director Eli Cross and attorney Karen Tynan accompanied FSC CEO Diane Duke to Sacramento, to send a message to legislators that adult film producers and performers oppose mandated barrier protection regulations and, instead, support the current system of STD testing and industry-appropriate regulations.

Ultimately, the proposed bill was passed by the Arts & Entertainment Committee; it may go before the state Labor Committee as early as April 24. If passed by the Labor Committee, AB 332 still has several hurdles to clear – it would then be sent to Appropriations for budgetary approval before being presented to the State Assembly and Senate for final votes.

FSC will continue to lead industry opposition to mandated barrier protection laws and appreciates the efforts, on behalf of their industry, of Evans, Lee and Cross. We encourage all industry members to join FSC and actively support efforts to confront challenges to the industry. For more information on how you can help, please contact  info@freespeechcoalition.com or (818) 348-9373.


FSC Responds to Complaint Filed by AHF Against Immoral Productions

March 19, 2013

800px-Condom,_glow_in_the_dark

Free Speech Coalition (FSC) denounces actions taken by AIDS Healthcare Foundation (AHF) as another misguided attempt to monopolize public health policy by demonizing adult industry businesses

At a press conference today, AHF announced that it has filed a complaint against adult production company Immoral Productions. In response to the latest developments involving AHF’s relentless attacks on the adult industry, FSC CEO Diane Duke has issued the following statement:

“There hasn’t been an on set transmission of HIV since 2004 – nationwide. Adult film industry protocols are highly effective, which is why it is so preposterous that AHF has spent millions on a problem that doesn’t exist. Moreover, AHF has yet to bring forth performers who are not on their payroll and now, an ‘anonymous’ letter? Countless adult film performers have come out against AHF’s crusade as detrimental to their health and their livelihood,” Duke said.

“The bottom line is that AHF’s efforts will only diminish performer safety, drive jobs out of LA and California and spend valuable tax dollars on a non-issue,” Duke added.

As the adult industry trade association, FSC has opposed AHF’s special interest campaign for barrier protection use in adult productions since 2007.

In 2010, after a lawsuit brought by AHF delivered a crippling financial blow to the Adult Industry Medical Healthcare (AIM) clinic, which had been the primary source of healthcare services for industry performers. At that time, FSC stepped in to uphold industry-appropriate standards and protocols for production safety and developed the APHSS.org database program, to oversee performer STD testing.

In 2012, after an estimated $6 million dollars in campaign expenditures by AHF, county voters passed the Los Angeles ‘Safer Sex’ Ordinance for Adult Productions (aka Measure B) by a margin of 57% to 43%. Language on the ballot scarcely stated to voters the proposed barrier protection use, which includes condoms, dental dams, goggles and gloves. Soon after the election, Vivid Entertainment and two performer co-plaintiffs filed suit against the County of Los Angeles, in an effort to strike down the regulation. The case is ongoing.

AHF’s anti-adult industry attempts continue with Assembly Bill 332, which was to be introduced in committee today in Sacramento. The bill has been tabled by the Arts & Entertainment committee, but was handed over to the Labor Committee for further consideration.

FSC will continue to oppose AB 332 and the Los Angeles ordinance as unconstitutional and a burden on both adult industry and California taxpayers. If you would like to find out more about the Los Angeles ordinance, AB 332, or how YOU can help fight AHF’s big money, special interest campaign, contact info@freespeechcoalition.com and follow us @FSCArmy.


HotMovies Resurrects FreedomStreams to Fight Measure B

March 5, 2013

lt.7fc81a57656ec055615121454cb5343aaf3db93c762fe310d976e5fe8d05e66dFrom AVN.com  – Video-on-demand site HotMovies.com announced today it will reinstitute its FreedomStreams benefit for the Free Speech Coalition (FSC) this year on April 15. On that day, all participating HotMovies studios will dedicate their one-day earnings to FSC. HotMovies will match all donations up to $10,000 to help fund the legal challenge and attempted repeal of L.A. County Measure B.

“We are elated to bring this important event back to life,” said HotMovies director of business development James Cybert. “Now is the time to do it, as our industry is entrenched in a crucial fight. We need the FSC on the front lines more than ever. We want every single content provider we work with to participate. We are now strongly encouraging them to send us permission to support our efforts.”

The first FreedomStreams fundraising event occurred in 2006. For three years, the annual event raised tens of thousands of dollars for FSC, which lobbies in Washington and other key battlegrounds to protect first amendment rights on behalf of the entire adult industry.

Cybert said the most important such battleground in 2013 is Los Angeles County. In November 2012, county voters passed Measure B, an initiative funded and supported by the AIDS Healthcare Foundation (AHF). The measure, designed to suppress adult filmmaking in greater Los Angeles under the guise of worker safety, requires that all adult performers use protective barriers such as condoms and dental dams when performing any act likely to generate bodily fluids. It creates the need for oversight by already taxed law enforcement and government agencies.

“Their idea of safer sex and a safer workplace would seem to mandate that all performers wear hazmat suits or goggles while working on set,” Cybert said. “Worse, it creates an enforcement issue. Who will be responsible? Potentially it takes officers off the streets where their presence is badly needed and directs them instead to invade porn sets where nothing nefarious happens. It completely ignores all common sense and, perhaps most importantly, the overwhelming desire of the performers themselves. This organization, AHF, which purports to protect sex workers, is the very same one that recently shut down the most reliable test facility to protect these individuals.”

In 2011, AHF president Michael Weinstein took the first major step in what Cybert termed “his personal crusade against the adult industry.” By funding and encouraging a series of legal complaints, Weinstein successfully perpetrated a campaign to shut down AIM Medical Associates, the testing facility with an undeniably successful track record that kept the adult industry healthy and working for more than 13 years.

Marci Hirsch, Vivid Entertainment’s vice president of production and licensing and newly elected to FSC’s Board of Directors, served as a catalyst in renewing the FreedomStreams fundraiser for FSC.

“We all know how vitally important it is for the industry to succeed in overturning Measure B through our lawsuit. This program enables us to unite and pull together and I know we are going to see great success when we do,” she said.

Studios already slated to participate in FreedomStreams include Vivid, Ed Powers, Girlfriends Films, ErosArts, Porn Pros, Homegrown Video, Forbidden Fruits Films, Mile High Media, Combat Zone, Brandon Iron, Evil Angel, New Sensations, Kink.com, West Coast Productions, Zero Tolerance, Private, Adam & Eve and CWoody Photography.

Any HotMovies content producers who wish to participate in this year’s FreedomStreams benefit can email support@moviedollars.com or contact the HotMovies studio team at (800) 611-MOVIE.

Anyone else wishing to contribute need only to log into HotMovies or FreedomStreams.com on or before April 15, to buy minutes and watch some porn on tax day.

“Break out the lube and indulge yourself for a great cause on April 15,” Cybert said. “With your pleasure, you’re saving porn in L.A. and rescuing a hugely underappreciated portion of the Southern California economy. This might be the one issue where most Americans can actually agree these days. If these rules are strictly enforced, production companies will either leave Los Angeles or go out of business. That isn’t good for anyone.”

HotMovies.com adds new titles every day to its inventory of more than over 170,000 legally licensed movies, available for streaming on any device in a totally safe, anonymous and hassle-free environment.


FSC Responds to Proposed Statewide Legislation to Mandate Condoms in Adult Productions

February 14, 2013

Préservatif_enrouléDespite strong opposition from the adult entertainment industry, a new bill proposing a statewide mandate for barrier protection (condoms, gloves, goggles and dental dams) to be used in adult film productions was announced yesterday by the L.A. Times.

In response to the proposed legislation, Free Speech Coalition (FSC) CEO Diane Duke has released the following statements:

“Tragically, this law – if passed – will not only waste taxpayer dollars and compromise the effective performer health protocols already in place, but also compromise funding for critical HIV programs by diverting program funds to create an unnecessary condom-police bureaucracy,” Duke said. “Additionally, this regulation would force an industry vital to the San Fernando Valley and to California’s economy out of the area.”

The proposed bill, which has been tagged as AB-332, follows the passage of the Los Angeles “Safer Sex” Ordinance for Adult Production, which mandates barrier protection for adult productions shot in L.A. County. The new legislation is being sponsored by Assemblyman Isadore Hall III (D – Compton), who held a Valentine’s Day press conference to announce that he will introduce the bill to California lawmakers.

“While other legislators are focused on gun safety, improving our schools and reducing crime, Assembly Member Hall has chosen to use his taxpayer funded salary and staff to focus on adult films,” Duke added. “We look forward to Assembly Member Hall visiting with adult film stars in the coming weeks to learn more about the exhaustive safety precautions already used by the industry.”

AIDS Healthcare Foundation (AHF) have been the sole backers of mandatory condom laws in Los Angeles since 2004; the organization has relentless spread misinformation and vilified adult industry performers and businesses as vectors for sexually-transmitted infections that AHF President Michael Weinstein has claimed are a threat to public health.

“In LA County alone, between June 30, 2008 and June 30 2011, 6,447 new cases of HIV were reported by the California Department of Public Health,” Duke explained further. “Out of the 6,447; two were adult entertainment performers. Both of those performers contracted HIV off-set and no transmission of HIV occurred during that time period on set. In fact, NO transmissions of HIV have occurred on an adult set since 2004…. NATIONWIDE!”

As the trade association of the adult entertainment industry, FSC will continue oppose ineffective legislation that will grievously harm the business interests of its membership and the adult industry community, as well as waste funds of taxpayers. FSC also upholds the right of choice for performers in regards to use of barrier protection.

Background on Adult Industry Opposition to Mandatory Condoms

Adult movie production has existed as a legal industry in California since 1989 and has grown over the years into a tight-knit community of businesses, many of them family-owned and operated. The hub of U.S. adult movie production is in Los Angeles County, especially in the San Fernando Valley. The “adult industry” in L.A. employs thousands of people, contributes to local economies, and generates more than $1 billion in revenue locally.

Since 2004, AIDS Healthcare Foundation (AHF) – the world’s largest HIV advocacy nonprofit organization with a budget of nearly $200 million annually – has been waging a campaign of misinformation and costly litigation on the adult industry, in an effort to mandate the use of barrier protection (condoms, dental dams, gloves, goggles) on adult production sets.

By 2009, AHF stepped up their campaign, actively filing complaints with Cal-OSHA against adult companies and talent agents. AHF also sued Adult Industry Medical Healthcare (or AIM Clinic) on behalf of two former performers that claimed their medical privacy had been violated by the clinic. AIM, which had been the primary healthcare resource for adult performers and industry-sanctioned STD testing since 1998, became a target for AHF’s protests and media stunts. The clinic eventually closed, due to financial hardship.

AHF gathered enough petition signatures to put the “mandatory condoms” issue on the Los Angeles city ballot in 2011. In response, the L.A. City Council preempted a vote on the issue by approving an ordinance requiring use of barrier protection on adult production sets. Then, after another costly petition drive, the condom issue was placed on the L.A. County ballot in November 2012. Measure B, the L.A. County “Safer Sex” in Adult Film Productions ordinance was approved 57% to 43%.

During the Measure B campaign, Free Speech Coalition (FSC) led industry opposition to mandated barrier protection regulations. We believe that AHF’s actions represent an example of a big money, special interest group leveraging local politics to create publicity for their nonprofit, while spending millions of their own funds and the funds of local taxpayers in costs related to the election and continued litigation. AHF is not a stakeholder in the adult industry and actually disrupted attempts between FSC and state officials to arrive at industry-appropriate regulations.

Measure B opposition also was endorsed by every major local newspaper in Los Angeles County, including the L.A. Times, and supported by 44 local Chambers of  Commerce.

FSC’s mission is to protect and promote adult industry businesses. Since AIM clinic closed in 2010, FSC has developed and operated the APHSS.org database program, which allows industry stakeholders to continue to uphold health & safety protocols for adult production, including the extensive monthly performer testing for STIs.

For more information about FSC , any of our programs, the Los Angeles County “Safer Sex” in Adult Production or AB 332, the proposed statewide mandatory barrier protection legislation , contact Joanne@freespeechcoalition.com.


AHF Comments on Steamray Studios CalOSHA Fines are Predictably Inflammatory

January 25, 2013

bigstock-Condom-packages-18422987Recent comments by AIDS Healthcare Foundation (AHF) on a Cal-OSHA case involving adult producer Steamray Studios are predictably inflammatory, said Free Speech Coalition today.

“Yet another attempt by Weinstein to cloud the issue and cause concern for adult producers and performers, in order to garner more media attention for his organization and its anti-adult campaign to drive adult film businesses out of Los Angeles County,” said FSC CEO Diane Duke.

Any complaint filed with state workplace safety agency Cal-OSHA should not be confused with enforcement of the Los Angeles “Safer Sex” in Adult Productions ordinance, the recently passed law that was funded solely by AHF.

Two weeks ago, adult production company Vivid Entertainment, performers Kayden Kross and Logan Pierce filed suit challenging the L.A. County “Safer Sex” Ordinance in federal court.

Interestingly the Cal-OSHA complaint supports the adult industry’s stance that the State has jurisdiction over such issues—not the County.

FSC advises concerned adult producers to consult with their legal counsel on issues related to health & safety compliance. FSC members can obtain a copy of the FSC Bloodbourne Pathogen Plan for Adult Producers by contacting Joanne@freespeechcoalition.com


Adult Entertainment Industry Files Suit Challenging Measure B

January 11, 2013

ImageLawyers for the adult entertainment industry filed suit today in the U.S. District Court for the Central District of California challenging the recently passed Measure B which makes it mandatory for adult actors to wear condoms while shooting adult films in LA County.

The complaint states that Measure B is unnecessary because of rigorous and effective self-regulation by the adult industry and that it imposes an unconstitutional system of prior restraint in violation of the First Amendment.  Numerous provisions of Measure B are excessively vague and burdensome, and thus place an intolerable restriction on freedom of expression.  The lawsuit also challenges the County’s jurisdiction to regulate adult production on performer health and safety.

The adult industry plaintiffs include adult production company Vivid Entertainment along with adult performers Kayden Kross and Logan Pierce.  “Overturning this law is something I feel very passionate about.  I believe the industry’s current testing system works well, said Steven Hirsch, founder/co-chairman of Vivid.  “Since 2004 over 300,000 explicit scenes have been filmed with zero HIV transmission.  The new law makes no sense and it imposes a government licensing regime on making films that are protected by the Constitution.  Measure B will have vast unintended consequences which may undermine industry efforts to protect the health of our actors and actresses.”

Attorneys Paul Cambria of Lipsitz Green Scime Cambria, Louis Sirkin of Santen Hughes, and Bob Corn-Revere of Davis Wright Tremaine are representing the plaintiffs.  Mr. Cambria stated that this Law not only infringes on free expression but rather than protect performers as it currently does it will drive production overseas or off shore where no protection exists.


FSC Provides Information on L.A. County ‘Safer Sex’ Ordinance Permitting Requirement Letter to Adult Producers

December 19, 2012

telecamera_architetto_fr_01In response to a letter sent out by L.A. County to some adult producers and directors on December 17th concerning the “Safer Sex in the Adult Film Industry Act,” the Free Speech Coalition wishes to provide information to aid in decisions concerning shooting in L.A. County.

First and foremost, all adult businesses should consult with their attorneys as far as where to shoot, permitting procedures, the interpretation of the law, as well as the civil and criminal risks involved. FSC cannot provide legal advice. Only a lawyer familiar with your company’s circumstances can advise you how to reduce risk of liability.  What is good advice for one company could be disastrous for another.

The letter states that the ordinance pertains to the unincorporated cities in L.A. County and cities that have adopted “Title 39.” That is an error by the Department of Public Health; the correct code section is Title 11.39.

For unincorporated areas in L.A. County go to these listings of unincorporated areas in Los Angeles County.  It is up to adult businesses to track cities that have adopted Title 11.39 — there are 88 incorporated cities in L.A. County, listed here. Vernon, Long Beach and Pasadena have their own Public Health Departments and do not contract with the County. It may be that those cities will not be enforcing Measure B. FSC will try to undertake this analysis, but it will take time and staffing which we do not currently have.

Film LA (the entity that grants onsite permits for filming) has been asked to provide L.A. County with information about adult companies that apply for a permit. The County plans to provide Film LA with a list of adult companies on which to report. Therefore, when an adult company applies for an on-site permit from Film LA for filming in L.A. County, the County will be notified about the shoot. L.A. County can inspect shoots at will without giving prior notice. A permit from Film LA will NOT mean compliance to the County’s permit requirements and the County will be notified about the time and place of adult filming for those who obtain a Film LA permit.

The letter sent by L.A. County is the County’s interpretation of the law and it is possible that the law could be interpreted even more strictly by the courts. Also the ordinance allows for private citizens and entities — like AIDS Healthcare Foundation — to file civil complaints concerning ordinance compliance.

A legal challenge to the ordinance by the adult industry is forthcoming and we will keep you notified about the litigation and issues pertinent to adult filming in L.A. County.


Adult Industry Leaders to File Suit Against LA County Over Measure B

December 12, 2012

no-on-measure-b2A group of adult industry leaders announced today their intent to file a lawsuit soon against Los Angeles County over Measure B.

On November 6th voters of Los Angeles passed Measure B, an ill-conceived law that makes it mandatory for adult actors to wear lab coats, goggles and gloves as well as condoms while shooting adult films in the County. The law was funded solely by AIDS Healthcare Foundation (AHF).

“The industry has organized a team of highly respected attorneys to protect our First Amendment rights. I am confident that we will prevail and ultimately save LA County millions of dollars as well as save thousands of jobs. As an industry we are united in this effort and look forward to our day in court,” said Steven Hirsch, founder/co-chairman of Vivid Entertainment.

Industry attorneys Paul Cambria of Lipsitz Green Scime Cambria, Louis Sirkin of Santen Hughes, and Bob Corn-Revere of Davis Wright Tremaine will represent the industry in the US District Court for the Central District of California.

The attorneys plan to challenge the law on the question of whether the County has jurisdiction to regulate adult production on performer health and safety, as these issues would typically fall under CalOSHA and thus State regulation.  Additionally, attorneys plan to challenge the law on Constitutional grounds.

“This law will waste taxpayer dollars and compromise the effective performer health protocols already in place,” said Diane Duke CEO for the Free Speech Coalition who is helping coordinate the litigation.  “We are making a broad appeal for donations to consumers to protect the content they enjoy; to performers, to protect their right to perform without the absurd regulation that will require them to wear a virtual hazmat suit; to producers and directors who face jail time for any noncompliance of this ill-conceived law; and finally to anyone who opposes government overreach and government waste.  AHF has threatened to replicate this effort nationwide — we have to stop them in their tracks.”

Donations can be sent to FSC-Measure B Litigation (100% of the donation will go to the litigation), PO Box 10480 Canoga Park, CA 91309 or donate online at http://www.freespeechcoalition.com.


FSC Response to Los Angeles County Supervisor on Passage of Measure B

November 9, 2012

County Board of Supervisors

Room 358, Hall of Administration,

500 West Temple Street

Los Angeles, CA 90012

Dear Los Angeles County Board of Supervisors,

I write to you on behalf of the Free Speech Coalition (FSC), the adult product and entertainment industry’s trade association. With the passage of Measure B, put on the ballot and funded solely by the AIDS Healthcare Foundation (AHF), FSC has a number of concerns with the law, its potential implementation and the ramifications  not only for the adult industry but also for Los Angeles County residents.

The law, as passed, is untenable for adult production. Besides the obvious excessive costs of compliance, FSC and the industry have a number of concerns with the law itself.  In reviewing the ordinance, numerous Constitutional  issues arise as well as the question of jurisdiction. We believe that the law is not only unconstitutional  on the grounds of forced expression, but also falls within the jurisdiction  of the state of California rather than local government. Therefore, we will file suit and challenge this intolerable  law in court.

There are several other problems, of course, including the definitional vagueness, enforcement conundrums  and the development  of an implementation  process. We ask that the County Board of Supervisors suspend the implementation of the law until the courts have rendered their decision on the aforementioned  issues. Furthermore, as the County moves to develop an implementation plan, we ask that FSC, the industry’s trade association, be given a seat at the table.

Finally, our industry has been approached,  with open arms and tax incentives, to move our adult production  to communities that welcome adult production as a vital industry and a positive economic force. In the upcoming weeks and months, we will provide a road map for adult production to move its over a billion dollar industry and its accompanying  10,000 jobs to these welcoming communities.

Evaluating  the County’s best interest in this matter, we trust that you will consider all of the foregoing legal and practical problems. Please let us know how we may facilitate a discussion and provide additional  information concerning this critical matter.

Thank you for your attention.

Sincerely,

Diane Duke

Chief Executive Officer


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