LA City Council Adopts Condoms in Porn Law

 

In an historic move, during today’s City Council meeting, the Los Angeles City Council adopted the proposed ordinance, ‘City of Los Angeles Safer Sex In The Adult Film Industry Act,’ a ballot initiative that has recently qualified to be placed on the June 5, 2012 election despite legal action by Los Angeles City Attorney Carmen Trutanich to block the measure from appearing before City voters on the ballot. The ballot measure would condition the issuance of City film permits to adult film producers to condom use in the subsequent adult films shot and produced in Los Angeles.

In early December, adult film safety advocates submitted over 70,000 Los Angeles voter signatures–far more than the 41,000 needed to qualify the measure for election. In a January 3, 2012 letter, June Lagmay, Los Angeles City Clerk, certified the signatures and recommended that City Council either “…adopt the proposed ordinance, without alteration,” outright or “submit it” for the “regularly-scheduled State Primary Election” set for June 5, 2012, which will be conducted by the County of Los Angeles.

From the Agenda, Los Angeles City Council, January 10, 2012, 10am John Ferraro Council Chambers Items for Which Public Hearing Have Not Been Held – Items 22-28 (10 Votes Required for Consideration) ITEM NO. (22) – Motion Required 12-1300-S1

COMMUNICATIONS FROM THE CITY CLERK AND CITY ATTORNEY, CERTIFICATION OF SUFFICIENCY OF INITIATIVE PETITION, RESOLUTIONS AND ORDINANCES FIRST CONSIDERATION relative to an initiative petition to require condom usage in the adult film industry and related permitting requirements.

Recommendation for Council action, SUBJECT TO THE APPROVAL OF THE MAYOR:

A. OPTION1

PRESENT and ADOPT the accompanying ORDINANCE, without alteration.

B. OPTION2

DETERMINE to submit the initiative ordinance, without alteration, to a vote of the electors of the City at an election consolidated with the State Primary Election on June 5, 2012:

1. 1) ADOPT the accompanying RESOLUTION providing in response to an initiative petition that an ordinance related to required use of condoms in the adult film industry and related permitting requirements be submitted to the qualified electors of the City of Los Angeles at a Special Election to be held and consolidated with the State Primary Election on June 5, 2012.

2. 2) ADOPT the accompanying RESOLUTION containing a ballot title for the measure.

3. 3) PRESENT and ADOPT the accompanying ORDINANCE calling a Special Election to be held and consolidated with the State Primary Election on June 5, 2012 for the purpose of submitting the initiative ordinance to the qualified electors of the City of Los Angeles.

Fiscal Impact Statement: The City Clerk reports the election cost to place the measure before the voters on the June 5, 2012 State Election is estimated at $4.4 million, if it is the only City measure to be placed on that election, and could be higher depending on initiative processing costs. The total impact to the General Fund could be higher depending on other Departments’ costs associated with implementing and enforcing the ordinance if it is adopted.

Community Impact Statement: None submitted.

[Council may recess to Closed Session pursuant to Government Code Section 54956.9(a) to confer with its legal counsel in relation to the case entitled, City of Los Angeles v. Gerard Kenslea, et al., Los Angeles Superior Court Case No. BC474838; and/or pursuant to Government Code Section 54956.9(b)(3)(B), significant exposure to litigation based on existing facts and circumstances in relation to the proposed ordinances and/or initiative.]

TIME LIMIT FILE – JANUARY 23, 2012 LAST DAY FOR COUNCIL ACTION – JANUARY 20, 2012