Law and Sexuality

A commentary and resource on Law and Sexuality by Professor Chris Ashford and guests

LA Condoms in Porn Ballot Measure

Later today, the  pro-condoms in porn bandwagon moves a little bit forward in the legislative battle.

AIDS Healthcare Foundation (AHF) and members of FAIR (‘For Adult Industry Responsibility’), a group that has been shepherding signature gathering and support for a Los Angeles County ballot initiative process, will host a press conference at 10:30 AM Pacific in Los Angeles to announce the collection and filing of over 360,000 signatures of Los Angeles County residents in support of a County of Los Angeles ballot initiative that allows Los Angeles voters to directly weigh in on a measure that would, “…require producers of adult films to obtain a public health permit from the Los Angeles County Department of Public Health (“the Department”) and pay a permit fee set by the Department in an amount sufficient for necessary enforcement.”

Members of AHF and FAIR launched the County ballot measure drive in early January of this year on the heels of successfully qualifying a similar City of Los Angeles ballot initiative tying distribution of adult film permits to condom use. The groups have until June 5th to gather the signatures needed for the County measure. 232,153 valid signatures of Los Angeles County residents are required to qualify the measure and make the Nov 2012 ballot (a number based on a percentage of total votes cast in the last County-wide election); 255,368 to qualify by the random sample (30 day check). In a precautionary measure, AHF and FAIR have collected and will submit well over that number as a cushion: approximately 360,000 signatures total.

After validation of the signatures by County officials, the measure will go before Los Angeles County voters on the November 2012 ballot—the presidential election ballot. This ordinance will be known as the ‘County of Los Angeles Safer Sex In The Adult Film Industry Act.’ Advocates need to collect over 200,000 signatures of voters by June 5, 2012, and if successful, would place the measure on the November 2012 election—the same ballot as the presidential election.

County of Los Angeles Safer Sex in the Adult Film Industry Act 

The measure would enact an ordinance to add Chapter 11.39, entitled ‘Adult Films,” to Title 11, Health and Safety, of the Los Angeles County Code. 


The purpose of the measure is intended to minimize the spread of sexually transmitted infections by regulating the adult film industry. 


The measure would require producers of adult films to obtain a public health permit from the Los Angeles County Department of Public Health (“the Department”) and pay a permit fee set by the Department in an amount sufficient for necessary enforcement. 


The measure would provide for a permitting process that requires application submission and proof of completion of a blood borne pathogen training course, after which a permit shall be issued. 


The measure also requires submission of an exposure control plan. The measure would require use of condoms for all acts of anal or vaginal sex during the production of adult films, as well as the posting of the public health permit and notice to performers regarding condom use. 


The measure would authorize the Department to enforce the provisions of the ordinance, including suspending or revoking the public health permit for violating the ordinance, or any other law, following notice and an opportunity for an administrative review. Prior notice would not be required if any immediate danger to the public and safety is found or reasonably suspected. Violation of the ordinance would be subject to civil fines and/or criminal misdemeanor charges. 

The measure would provide that in the event another ballot measure relating to the permits for the adult film industry appears on the same ballot, that this measure shall prevail if it receives the greater number of affirmative votes, and the competing measure shall be null and void. 


The measure authorizes the Board of Supervisors to amend the chapter by ordinance, passed by a majority vote, in order to further its purposes. The chapter may only be repealed by ordinance adopted by a vote of the electors or by an amendment of the Los Angeles County Charter superseding the ordinance. 


The measure provides that if any part of the ordinance is held to be invalid or unconstitutional, then remaining provisions shall be severable and remain in full force and effect.

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This entry was posted on May 25, 2012 by in barebacking, condoms, HIV/AIDS, Law, Pornography, USA.

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