City of Los Angeles to Porn: Wanna Permit? Wear a Condom

LOS ANGELES---Today, L.A. City Councilmember Bill Rosendahl [pictured] introduced a motion directing the City Attorney to report back in 45 days “to explain the mechanisms necessary to enable the City’s film permit process to require workplace safety in the production of all adult films.” The motion was seconded by Councilmembers Ed P. Reyes, Eric Garcetti and Paul Koretz.

“Unfortunately, despite clear regulatory requirements and actions taken by public officials, the adult film industry remains convinced it is above the law.”

The action comes on the heels of explosive news yesterday that L.A. health officials have closed the Adult Industry Medical Healthcare Foundation (AIM)—a Sherman Oaks clinic funded by and serving the adult film industry—after California state officials denied AIM a community clinic license on Tuesday. The facility had been operating without a proper license for over a decade. AHF had called for County health officials to shut down the clinic after Derrick Burts, a 24-year-old adult film performer who tested HIV-positive on October 9th spoke out on Wednesday regarding the poor treatment he received at AIM.

The motion (full text below) concludes: “The producers of adult films are required by California Code of Regulations Title 8, Section 5903 et seq. to employ barrier protection, including without limitation condoms, to shield performers from contact with potentially infectious material during the production of adult films.

“I THEREFORE MOVE that the City Council request the City Attorney to report back within 45 days to explain the mechanisms necessary to enable the City’s film permit process to require workplace safety in the production of all adult films.”

“AHF would like to commend the City Council for taking this important first step. We especially applaud Councilmember Rosendahl for his leadership and commitment to protecting workers in Los Angeles,” said Michael Weinstein, President of the AIDS Healthcare Foundation. “Tying condom use to adult-film production permits is absolutely the responsible thing to do, protecting adult film industry performers who—under the current system of testing—are routinely asked to risk their lives and health in order to continue working.”

Added Weinstein: “Unfortunately, despite clear regulatory requirements and actions taken by public officials, the adult film industry remains convinced it is above the law.”

In an article published yesterday (AIM Office to Reopen Tomorrow During Dispute with Health Dept.) on avn.com, an adult industry news site—AIM announced that it plans to continue operations without a proper license in flagrant disregard of a County order and State health regulations.

Steve Hirsch, operator of the largest porn company, Vivid Entertainment, has said that Vivid will in fact continue business as usual, showing a complete disregard for the health and safety of adult industry performers. Diane Duke, head of the porn industry lobbying group, Free Speech Coalition, has echoed Hirsch’s call for the industry to continue operating outside the law.

Today’s City Council motion follows on the heels of an emotional news conference held Wednesday in Hollywood in which Derrick Burts, a 24-year-old adult film performer who tested HIV-positive on October 9th at AIM’s clinic spoke out publicly to the media for the first time since reports of his HIV diagnosis while working in the adult film industry became public in mid-October, creating an international media frenzy and shutting down California’s multi-billion dollar adult industry for several weeks.

Burts, who became known as the industry’s ‘Patient Zeta’ after the news first broke, spoke about the harsh treatment, neglect and indifference he experienced from AIM officials after his diagnosis, and he also championed the use of condoms in all adult film productions to prevent STD and HIV transmission among performers.

Burts spoke on Wednesday at a news conference hosted by AIDS Healthcare Foundation which over the past four years has independently been championing safety reforms in the adult film industry including efforts to require the use of condoms in all adult film productions.

Full text of Councilmember Rosendahl’s motion:

The Los Angeles County Department of Public Health has documented widespread transmission of sexually transmitted diseases associated with the activities of the adult film industry within the City of Los Angeles.

The producers of all films within the City of Los Angeles, including adult films, are required to obtain permits issued by the Los Angeles Police Department (LAPD) and administered by FilmL.A., Inc. under certain contracts between FilmL.A., Inc. and the City of Los Angeles. Such permits for film production within the City of Los Angeles may include conditions to protect public safety and health.

The producers of adult films are required by California Code of Regulations Title 8, Section 5903 et seq. to employ barrier protection, including without limitation condoms, to shield performers from contact with potentially infectious material during the production of adult films.

I THEREFORE MOVE that the City Council request the City Attorney to report back within 45 days to explain the mechanisms necessary to enable the City’s film permit process to require workplace safety in the production of all adult films.