pornlaw

Actually under the LA City condom law that was passed last January the answer is YES.

Under LA's film permit laws, even webcam performers would need a permit to film. Since the permit is tied to condom use even a monogamous married couple that has nothing to do with the porn industry would need to wear a condom when they webcammed together.

That's how broad the LA city law is... Its ridiculous that this passed.

No one in the City wants to enforce it though.

And even those I spoke to at AHF know its a POS law and it will be overturned if challenged. By the way, Brain Chase, Esq. of AHF wrote the law and handed it to the City Council and they passed it as is.

www.AdultBizLaw.com

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Michael

www.AdultBizLaw.com

Redrob

I'll take a stab at explaining how this referendum is a Freedom of Speech issue. It is complicated, so where to start.....? First, I am not an attorney. This is just my personal opinion. Any lawyer is welcome to comment and let me know where I am wrong or right.

For example, I am a producer in Los Angeles. For years, the since the case of People v. Freeman producing a porno was diferentiated from prostitution, deciding that someone whose role is merely potraying a sexual relationship on-screen as part of their acting performance is protected from prosecution and the producer is not guilty of pandering. Since that time, I have been able to produce movies that fall within LA's liberal community standards as determined by the Miller three-part test. I want to send the message that sex between consenting adults is pleasurable, natural, fun and the ultimate intimate experience two people can share.

Now, many years later, along comes an organization who want to send a message to the world that protected sex is the only safe sex. They feel that the adult movie industry is the best vehicle for disseminating their message. Accordingly, they work with LA City and County officials to get the required legislation requiring protection in all locally produced adult movies on the ballot for a referendum that will result in the legal requirement that all local adult movies will be required to comply with their protected sex standards of mandatory condoms, googles, dental dams, etc. (More on this later.)

I do not agree with the message that they are trying to send to the public. With the passage of the referendum, the requirement for protected sex with goggles, dental dams, rubber gloves and condoms make it impossible for me to produce my movies conveying my message without risk of fines or jail. The result is that my message has been silenced in the community.

Moreover, if I continue to produce movies that conform to the new regulations out of financial necessity, I am compelled to send this organization's message against my will. This is also a violation of my Free Speech rights.

Now, back to the regulations that are instituted as a result of this referendum passing. Because the regulations impact my free speech rights, they are required to pass what is known as "strict scrutiny" which will insure that the regulations have as little impact on my constitutionally protected rights as possible and still achieve their goal of protecting performer health.

According to Wikipedia:

I'd argue that the condom referendum fails the strict scrutiny test's third requirement:
1. There is a compelling government interest: protection of performer health. (Pass)
2. The policy is narrowly tailored to achieve the goal in that it only requires protection on adult sets where the performers work.(Pass)
3. The policy must be the least restrictive means of achieving that interest. (FAIL). The truth is that condoms fail, condoms fall off and performers can be infected by sores on non-protected areas of other actors. I am sure that there are additional ways that the protection required can fail that I have not mentioned. One the whole, I'd imagine that the failure rate of protection without required STD testing is on par with the best testing regime. The mandatory protection part of the condom referendum is the part that restricts my freedom of speech and is not the least restrictive means to achieve the same end, performer protection.

A less restrictive alternative would be mandatory testing with the information recorded in a secure database by medical authorities for use by the adult industry. Testing should cover all STDs including syphilis which, before, was considered so rare an occurance as not to be a significant threat. The testing should be done bi-weekly (some say is best and is currently done by some performers) or as often as determined by the medical authorities in order to maintain a non-infectous state among the performer pool.

There should also be some agreed to restrictions placed on outside sexual activities of adult performers such as prositution, escorting, and the like by the talent agents. I could see outside sexual activities being curtailed during the time period that the performer is actively performing with other performers. Many performers come to LA for a month or so during which they work; then, they return home. When no longer actively performing, the performers could persue their other interests. Hopefully, they would agree to limit their sexual activities to their "significant other" while actively performing.

This less restrictive alternative would allow me as a producer to be sure that my performers were disease free; the heath of the performers would be protected; and I could continue to produce the movies that contain my message that sex between consenting adults is pleasurable, natural, fun and a ultimate intimate experience two people can share. Furthermore, I would not be coerced into sending that other organization's message against my will.

These are just my ramblings and nothing formally considered or proposed.

Thank you, Baddog.

peterk

it's all fun and games till someone gets hurt. You play with fire sooner or later you will get burned or the hiv

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Bogat mama ala cu loturi de trafic

Redrob

Morning Bump. Remember your tweets.

sperbonzo

It's really depressing sometimes to see people saying "there are already laws that restrict our freedoms, so lets put in more of them".

OSHA has become almost dictatorial in the rules that it makes, and many of them are now mostly pushed by bigger corporations in order to drive the smaller ones out of the markets, or stop competitive start ups in the first place.


the government already intereferes in our lives, no big deal to have more of that, right?



Incrementalism is insidious, and unfortunately way too effective. Your grandchildren will be so used to the government controlling almost everything they do, that they won't object when the government completely takes over and they become total slaves.



So very very sad.....





.

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Michael Sperber / Acella Financial LLC/ Online Payment Processing

[email protected] / http://Acellafinancial.com/

ICQ 177961090 / Tel +1 909 NET BILL / Skype msperber

tony286

Chances are the groupies you were banging ( you lucky bastard) werent also fucking guys who fuck guys. Big Big Difference.

xXXtesy10

Looks like @brazzers and @realitykings and anyone else that matters gives a flying fuck about your condom issue. Dead silence on their Twitters.

http://www.twitter.com/brazzers
http://www.twitter.com/realitykings

What a clusterfuck.

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TheSquealer

It's totally insane that people will argue that protecting themselves and others from deadly disease WHEN WORKING, is a "freedom of speech" issue.

Your root problem is anxiety and paranoia.

Your issue is with "the man".

You act on emotion.

Your arguments are little more than hindsight arguments on your part, to rationalize your intense anxiety directed at anything you perceive that might be some form of control over you and your rabid "the man won't control me" world view.

You are irrational and unreasonable and can't even see that your argument is a non argument.

You simply will not win an argument against obvious health and safety issues, protecting workers and others and society as a whole from the spreading of contagious and deadly disease.

The fact that you would even try to argue that spreading deadly disease is a right, guaranteed by the Constitution, shows exactly where your head is at and how irrational you are and how unreasonable your views are.

This single biggest threat to the adult business has ALWAYS been the people in it and their attitudes which is certainly not shared by the majority, not the Christian Right or any other boogeyman.


No fear, just knowledge.

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Yes, fewer illegal immigrants working equates to more job opportunities for American citizens.

Rochard

TheSquealer

I think there is a difference in sending cops out to write jaywalking tickets to generate revenue and meet quotas.... and the fact that health and safety laws are there to protect everyone. There is a reason we have health codes/laws, building codes, safely rules and regulations and so on.

I like the fact that i can go eat in a restaurant knowing that a health inspector is in there and up their ass once a week.

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Yes, fewer illegal immigrants working equates to more job opportunities for American citizens.

Rochard

Redrob

Like a summer breeze.......

baddog

Thanks for at least typing your thoughts.

pornlaw

What AHF is Not Telling You About the ?Condoms in Porn? Law ?

Where will this law even take effect?

Where is the govt. waste really in all of this ?

http://adultbizlaw.com/what-youre-no...s-in-porn-law/

Before this ballot measure can take effect in a particular city it must be approved by that city's council and mayor. There are 85 different towns and cities in LA County. And it will not be law in Vernon, Pasadena & Long Beach since those cities do not contract with the LA County Depart of Health...

This is what AHF wants... mayors, town council members & citizens all over LA County debating condoms and porn in every town hall...

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Michael

www.AdultBizLaw.com

CyberHustler

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“If you can convince the lowest white man he’s better than the best colored man, he won’t notice you’re picking his pocket. Hell, give him somebody to look down on, and he’ll empty his pockets for you.”

mikesouth

LOL the industry wide tweetathon and call to action got less than 200 views

can you say

apathy....

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Mike South

It's No wonder I took up drugs and alcohol, it's the only way I could dumb myself down enough to cope with the morons in this biz.

peterk

not surprised

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Bogat mama ala cu loturi de trafic