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What AHF is Not Telling You About the “Condoms in Porn” Law ?
On September 25, 2012, in Legal, by adultbizlaw
We are now 42 days from November 6th and the vote on Los Angeles County’s Ballot Measure B – otherwise known as the “Condoms in Porn” law. In the next 42 days you are going to see many industry articles, tweets, press releases, television reports and mainstream news articles about Ballot Measure B as November 6th draws closer.
So what happens on November 7th if the measure passes – not much. Actually, it’s closer to nothing will change – yet. Here is where the real “government waste” is. This ballot measure is nothing more than an invitation for cities within Los Angeles County to vote make condoms mandatory. When, and if, Ballot Measure B passes then 85 cities within Los Angeles County are going to have to agree to it. Which means in 85 different cities and towns within Los Angeles county are going to have to waste government resources and time to vote on this law. Every single town council will be forced to discuss condoms and pornography during their sessions. This is exactly what AHF wants. A county wide discussion about condoms. It has nothing to do with performer safety. It has to do with their message of safe sex and they want as many cities, towns, municipalities and government officials discussing this issue as they can force to. Every mayor, town council member and governmental employee should know that AHF and Weinstein are trying to force an open public discussion on condoms, sex and porn in each of their towns.
On November 7th there will be no “condom police” roaming the streets looking to make busts. Actually, they may be roaming the deserts, hills and forests because that’s the only place the law will take effect immediately.
Here is the important information about the “Condoms in Porn” Ordinance – it will ONLY apply to UNINCORPORATED areas of Los Angeles County. Almost all of the populated areas of Los Angeles County fall outside those areas. Here is a quote from John Krattli, Los Angeles County Counsel from a Memo prepared for the County Board of Supervisors on July 23, 2012;
Which means that each and every individual city within the County of Los Angeles has to independently adopt and ratify the condom law before it will become enforceable within that city. Here is a list of the 85 cities that the condom law will not apply to until each city individually adopts the law;
Agoura Hills, Alhambra, Arcadia, Artesia, Avalon, Azusa, Baldwin Park, Bell, Bell Gardens, Bellflower, Beverly Hills, Bradbury, Burbank, Calabasas, Carson, Cerritos, Claremont, Commerce, Compton, Covina, Cudahy, Culver City, Diamond Bar, Downey, Duarte, El Monte, El Segundo, Gardena, Glendale, Glendora, Hawaiian Gardens, Hawthorne, Hermosa Beach, Hidden Hills, Huntington Park, Industry, Inglewood, Irwindale, La Cañada Flintridge, La Habra Heights, La Mirada, La Puente, La Verne, Lakewood, Lancaster, Lawndale, Lomita, Long Beach, Los Angeles, Lynwood, Malibu, Manhattan Beach, Maywood, Monrovia, Montebello, Monterey Park, Norwalk, Palmdale, Palos Verdes Estates, Paramount, Pasadena, Pico Rivera, Pomona, Rancho Palos Verdes, Redondo Beach, Rolling Hills, Rolling Hills Estates, Rosemead, San Dimas, San Fernando, San Gabriel, San Marino, Santa Clarita, Santa Fe Springs, Santa Monica, Sierra Madre, Signal Hill, South El Monte, South Gate, South Pasadena, Temple City, Torrance, Vernon, Walnut, West Covina, West Hollywood, Westlake Village and Whittier
Therefore, even if the Los Angeles County voters decide to make condoms mandatory it will not take affect in any of the cities listed above UNTIL each city has its own City Council meeting and independently adopts the Los Angeles County Ordinance. Further, it could never be adopted by Vernon, Long Beach and Pasadena, unless each one of those cities draft and adopted their own condom laws.
Which means that not only can the industry fight the condom law at the Los Angeles County level, we can also fight condoms in each and every city mentioned above. For example, if the industry lost the Ballot election in November we could still chose several cities to “target” and hopefully approach those cities to become the new “home” for the industry. Perhaps cities such as Glendale, Santa Monica, Burbank, Malibu or Santa Clarita, all relatively close to the Valley, might welcome the tax dollars, permit fees and the general business revenue the industry would bring.
With the current state of the economy the industry’s representatives should also be seeking out a “Plan B” just in case the Ballot Measure does pass. Now is the perfect time to reach out to small cities in Los Angeles County that might be interested in developing a business relationship with the industry who’s City Council would not pass or adopt any restrictive condom ordinances. The industry needs a new home. Perhaps we do not need to travel that far to find one.
None the less, we should still strive to fight the condom law based on its unconstitutionality. No government or ordinance should mandate condoms but rather condoms should be a choice between performers and producers !
Footnote: FYI- where where will Ballot Measure B take effect if it passes ? On the map below the UNINCORPORATED areas are shown in WHITE. As you can see the unincorporated areas are mostly found in the Angeles Crest Forest, the Santa Monica Mountains, on Santa Catalina Island or in the desert areas outside Palmdale/Lancaster. Those areas in yellow it will not take effect in. To see the map click here http://adultbizlaw.com/