FSC Provides Information on L.A. County ‘Safer Sex’ Ordinance Permitting Requirement Letter to Adult Producers
CANOGA PARK, Calif. – In response to a letter sent out by L.A. County to some adult producers and directors on December 17th concerning the “Safer Sex in the Adult Film Industry Act,” the Free Speech Coalition wishes to provide information to aid in decisions concerning shooting in L.A. County.
First and foremost, all adult businesses should consult with their attorneys as far as where to shoot, permitting procedures, the interpretation of the law, as well as the civil and criminal risks involved. FSC cannot provide legal advice. Only a lawyer familiar with your company’s circumstances can advise you how to reduce risk of liability. What is good advice for one company could be disastrous for another.
The letter states that the ordinance pertains to the unincorporated cities in L.A. County and cities that have adopted “Title 39.” That is an error by the Department of Public Health; the correct code section is Title 11.39.
For unincorporated areas in L.A. County go to these listings http://ceo.lacounty.gov/forms/Unincorp%20Alpha%20Web.pdf of unincorporated areas http://www.laalmanac.com/geography/ge30c.htm in Los Angeles County. It is up to adult businesses to track cities that have adopted Title 11.39 — there are 88 incorporated cities in L.A. County, listed here http://ceo.lacounty.gov/forms/09-10%20cities%20alpha.pdf. Vernon, Long Beach and Pasadena have their own Public Health Departments and do not contract with the County. It may be that those cities will not be enforcing Measure B. FSC will try to undertake this analysis, but it will take time and staffing which we do not currently have.
Film LA (the entity that grants onsite permits for filming) has been asked to provide L.A. County with information about adult companies that apply for a permit. The County plans to provide Film LA with a list of adult companies on which to report. Therefore, when an adult company applies for an on-site permit from Film LA for filming in L.A. County, the County will be notified about the shoot. L.A. County can inspect shoots at will without giving prior notice. A permit from Film LA will NOT mean compliance to the County’s permit requirements and the County will be notified about the time and place of adult filming for those who obtain a Film LA permit.
The letter sent by L.A. County is the County’s interpretation of the law and it is possible that the law could be interpreted even more strictly by the courts. Also the ordinance allows for private citizens and entities — like AIDS Healthcare Foundation — to file civil complaints concerning ordinance compliance.
A legal challenge to the ordinance by the adult industry is forthcoming and we will keep you notified about the litigation and issues pertinent to adult filming in L.A. County.
APHSS Announces Protocol Revisions and the Opening of Vegas STD Testing Clinics
CANOGA PARK, Calif. – Adult Production Health & Safety Services (APHSS.org) APHSS announced two changes in its program today—the first a change in protocol and the second the addition of a testing center in Las Vegas.
Beginning immediately, APHSS will no longer require two Trep-sure tests for performers new to the industry. Moving forward, the Trep-sure syphilis test will just be part of the regular panel for everyone in the APHSS program.
“The double Trep-sure was required after some performers tested positive for syphilis in August to ensure that syphilis within the industry was contained and to protect performers from contracting syphilis from new performers coming in to the industry, “ said Diane Duke Free Speech Coalition CEO. “After discussing result trends with APHSS physicians, it was determined that two tests for new performers are no longer necessary.” APHSS participants and providers have been notified and the changes in protocol are effective immediately.
Additionally, APHSS announced the opening of new performer testing facilities in Las Vegas, NV—STD Testing Clinics. There are two locations in Las Vegas - The southeast location is at 500 E. Windmill Ln, #115, and the northwest location is at 2051 N. Rainbow Blvd, #100.
“The facilities and physicians at STD Testing Clinics are top notch,” Duke explained. “They are committed to providing quality service to our performers at a competitive price. We want to make sure performers have a broad range of choices for testing, and STD Testing Clinics is an excellent option.” For more information about STD Testing Clinics see their website at http://www.stdtestingclinics.com.
No On Government Waste Committee Denounces Last Minute STD Study By Yes On B Campaign As “Desperation Tactics”
Poor Data Analysis Does Not Accurately Reflect Lack of STDs in Adult Film Industry
LOS ANGELES, Calif. – (Nov. 1, 2012) – In another sign of how desperate the proponents of Measure B, the so-called “Safer Sex” initiative, have become, a purportedly “new” study of sexually transmitted disease data was released today which was quickly denounced by the No on Government Waste Committee as a rehash of old 2010 data previously released and discredited in a desperate attempt to win back voters already committed to voting no against the ill-conceived ballot initiative.
“This study uses old data gathered in 2010 whose previous work was discredited by noted epidemiologist Dr. Lawrence S. Mayer who noted how poorly the data used by the AIDS Healthcare Foundation was collected and analyzed,” said James Lee, communications director for the No on Government Waste Committee. “It’s a cynical attempt at a last-ditch effort to influence voters who have already decided to vote against Measure B due in large part to the overwhelming endorsements of newspapers, political parties, business groups, healthcare organizations and community advocates.”
The study in question which ran in the journal Sexually Transmitted Diseases, purports to have reviewed the disease status of 168 “performers” from a Los Angeles-clinic treating them in 2010. Although the name of the clinic was not disclosed, Adult Industry Medical Healthcare Foundation, which was closed after a flurry of frivolous lawsuits by AHF, was the industry supported clinic treating performers at the time, according to the No on Government Waste Committee.
The Committee noted that AIM treated not only performers, but any citizen who wished to be tested for STDs. It is these additional patient loads of non-performers, or people wishing to perform in the industry, but were not allowed to after testing positive, that were previously included in research work conducted by Dr. Peter R. Kerndt, who also participated in this study, demonstrating the erroneous nature of data analysis.
“AHF knows for a fact that its original argument for Measure B, to prevent HIV infection, has fallen flat on its face after we have demonstrated that no performer has contracted HIV on-set since 2004 so now it has shifted the attack to focus on STDs by using faulty data analysis to try and make Measure B more palatable to voters,” Lee said. “It won’t work because voters are now well acquainted with the desperate campaign tactics of Michael Weinstein and vitriolic hyperbole of AHF.”
The STD Journal study is not a scientifically valid survey sample since there is no representative control baseline sample, nor any differentiation on how the sample was culled, or the prevalence of STD rates for all patients seeking treatment at the clinic in question as a whole, Lee said.
“This study is akin to someone standing outside of a coffee house and asking people coming out with coffee if they like coffee and then ascribing that small survey sample to the entire population of a city,” Lee added. “It’s noteworthy that in a previous study by Dr. Kerndt that was analyzed in 2011 by Dr. Mayer, it was found to be not only ‘inaccurate, but also misleading and inflammatory toward the risk of contracting an STD in the adult film industry.’”
Measure B, funded and placed on the ballot by the AIDS Healthcare Foundation, would require the Los Angeles County Department of Public Health to license and permit adult movie productions in the county and require performers to wear condoms and create an unworkable system of on-set inspections and enforcement by county personnel. The county estimates initial start-up costs for the program to be in excess of $300,000, but acknowledges that regardless of the level of compliance by the adult film industry, there would be significant cost to the Department of Public Health.
According to the California Dept. of Public Health, from June 30, 2008 to June 30, 2011, there were 6,447 new cases of HIV reported in Los Angeles County, but only two were adult performers who did not contract the disease on-set. Since 2004, there have been no documented cases of HIV transmission on an adult entertainment set. In fact, with the industry’s strict testing protocols – requiring testing at least every 14 and 28 days for HIV, chlamydia, gonorrhea and syphilis – adult performers are the most tested workforce in the nation.
No on Government Waste Committee
The Committee is comprised of entertainment companies, local business organizations, community activists, adult entertainment performers and healthcare advocates who oppose Measure B’s plan for creating an underfunded government inspection program diverting badly needed resources from local community clinics and underserved minority communities. For more information, please visit: www.noongovernmentwaste.com.
FSC Proud to Announce New Members: Pipedream and Doc Johnson
CANOGA PARK, Calif. – Free Speech Coalition (FSC) is honored to announce that leading adult novelty companies Doc Johnson and Pipedream Products have become the newest members of the adult industry trade association.
“We welcome Pipedream and Doc Johnson to our membership,” said FSC CEO Diane Duke. “Both companies are industry leaders and pioneers, bringing innovation to the novelty market for decades. We’re especially thrilled to have both companies support the No on Measure B campaign, because this issue affects all segments of the industry.
“Going forward, we look forward to doing more work with both Pipedream and Doc Johnson in the wholesale/retail side of the industry,” Duke added.
Doc Johnson was found in 1976 and has been referred to by Los Angeles Magazine as “the Procter & Gamble of sex toys.”
Doc Johnson founder Ron Braverman said, “Supporting the campaign to oppose Measure B is imperative to the entire adult industry; the irrational and extremist policies Measure B would impose on all of us would be devastating. As a founder of the novelty side of the industry, I stand firmly ‘NO on Measure B’ – I am glad to once again be onboard with FSC.”
Pipedream Products was founded in 1973 by Bob Feldman. The company currently includes more than 3,000 products in its catalog. CEO Nick Orlandino was named to the Storerotica Hall of Fame this year, and the company also was named Company of the Year.
"I am proud to be a member of the Free Speech Coalition. As a leader in the adult novelty industry, Pipedream is prepared to do whatever it takes to protect the industry from Measure B,” Orlandino said.
For more information on FSC membership, please contact
or (818) 348-9373.