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Old 10-31-2012, 05:41 PM  
pornlaw
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Join Date: Feb 2007
Location: Los Angeles, CA
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Quote:
Originally Posted by mikesouth View Post
Its open to legal debate because nobody has done it yet but the way I (and others) see it that health permit will be tied to your compliance. If you dont have an office shooting in LA you wont have to hire Michael to fight it for you obviously, if you do have an office in LA...well you takes your chances.


And no I will not stop repeating those numbers, I have seen NOTHING to indicate that so many independent studies (including a new one released today) got it wrong

Ignoring this stuff will just lead to defeat. If you want to win you damn well better understand your oppositions strategies, ignoring it or arbitrarily dismissing it as incorrect is a loser
Im confused on your position... You believe that if you have an office in LA County you still have to comply - whether you shoot or not ?

Federal case law usually limits a company's HQs to its "nerve center" - meaning where do the decision makers sit. And for purposes of Ballot Measure B - if you're nerve center is outside LA County - they cant force a company to abide by a law when there is no jurisdictional basis to do so.

This is why Fabian said that his Burbank HQs do not produce hardcore. I am sure he received some legal advice to put Digital Playground under Manwin Canada's control. Playboy (softcore) remains under Manwin USA's (Burbank) control. Hence I am sure his lawyers told him no Department of Health permit would be necessary for Digital Playground... of course the film permit would still be necessary.

The way Ballot Measure B reads it separates compliance into two parts - health permit (the big bucks) and film permits (much less expensive). Filming without a health permit is much worse - it gets you shut down, fines and possible jail. Filming without a film permit just gets you fines and possible jail. Which is rather easy to get a DA to dismiss once you get the permit - thats exactly what I did for PornDan in his case.

And its much much easier to send a Depart of Health inspector to a company's HQs to inspect for the health permit (unless of course you are in Canada much like 2257 inspections) then it is to catch someone in the act of filming without a permit...

As for the studies, I can fund a study that Acute Care Nurses in a hospital setting have a much higher rate of contracting the flu and common cold then any other group...And I would probably get the results I want. What I cant prove is that they caught the flu/common cold at work. Thats what counts, not that pornstars have more STI then the regular population or nurses get the flu 5x as much as you or I.

But if I repeat the study's numbers enough times I bet I can convince enough people to vote for a ballot measure which would require all nurses to wear surgical masks at all times while working... Makes sense - sure. Is it smart - sure but is it necessary - probably not. And neither is a mandatory condom measure.
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