L.A. City Council Advised to Meet in Closed Session Over Condom Law

Jul 11, 2012
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LOS ANGELES — The Los Angeles City Council has been advised to meet with legal counsel in closed session over the city’s condom ordinance because of two potential threats of litigation.

The City Attorney’s Office, according to documents obtained by XBIZ on Wednesday, says that there is “significant exposure” to litigation against the city after they received written communication from AIDS Healthcare Foundation Michael Weinstein and adult industry attorney Allan Gelbard.

At post time it wasn’t clear what was contained in the two instances of correspondence from Weinstein and Gelbard. Both were queried over the issue by XBIZ on Wednesday morning.

“The [City Attorney’s Office] recommends that discussion with, and advice from, legal counsel be scheduled and heard in closed session … regarding proposals for City Council action arising from a report of the Working Group to study the Safer Sex in the Adult Film Industry Ordinance to require condom usage in the adult film industry and to make recommendations regarding amendment of the ordinance,” a letter to City Council said.

The City Attorney’s Office said that closed session would be held “to confer or discuss with, or receive advice from, legal counsel regarding the significant exposure to litigation.”

City officials in June approved a 90-day extension to craft rules regulating porn productions within Los Angeles city limits, effectively delaying any type of enforcement until September.

The city’s Adult Film Industry Working Group — a panel composing of nearly a dozen city, county and state officials — has met three times already to craft a master plan to implement the ordinance, which makes condoms mandatory for performers at on-location adult film productions.

But the panel has not had success crafting a report on the city’s ability to implement and enforce the Safer Sex in the Adult Film Industry Ordinance, which was passed by City Council and signed into law by Mayor Antonia Villaraigosa in January.

The ordinance currently isn’t being enforced in the city.

Meanwhile, a county ballot measure that is similar in nature is revving up.

Just yesterday, Los Angeles County Board of Supervisors put off a vote deciding what to do with a porn-condom ballot initiative until July 24.

The county requirement, if enacted, would apply to shoots in unincorporated areas of the county and 85 of its 88 cities, including the city of Los Angeles.

County supervisors on July 24 could give final approval to placing the measure on the ballot or approve the initiative outright into law.


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Michael Whiteacre
Michael Whiteacre
11 years ago

While the content of Mr. Gelbard’s letter to the City Attorney is not known, perhaps a review of his statement to the May 11th Condom Law Working Group tasked with coming up with an enforcement mechanism for the AHF-written City of Los Angeles “Safer Sex” ordinance will provide some insight: My name is Allan Gelbard. I am a First Amendment and Intellectual Property lawyer. I represent a significant number of adult entertainment industry members including some of the industry’s most famous companies, directors, producers and performers. All of them are opposed to the mandatory condom policy. Without exception, they all… Read more »

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