Can’t We Be Adults About This?

Come November, Los Angeles County voters will be deciding the fate of one of its largest industries and economic contributors. According to a 2011 Los Angeles Economic Development Council economic impact study, 60 percent of employment in California is linked to the film industry — about 20 million jobs. A major sector of the industry is made up of adult films. While often considered a taboo topic, the adult film industry is a major business sector in the Valley. The Los Angeles Board of Supervisors has placed a measure on the ballot to mandate new regulations on how the adult film industry does business. The regulations will force an exodus of the adult film business out of the county. The adult film industry produces millions of dollars in annual revenue, is responsible for a considerable number of jobs in the San Fernando Valley and Los Angeles County, and is considered a major player in the Los Angeles economy. Yet, the ballot measure for November, the County of Los Angeles Safer Sex in the Adult Film Industry Act, could force production of films out of its long held Valley home, taking jobs and revenue along for the ride. The ballot initiative would require adult film producers to obtain a public health permit from the Los Angeles Department of Public Health (LADPH) and post the permit at the set location along with a notice to actors regarding workplace safety. Obtaining the permit from LADPH requires the producers to prove completion of a blood borne pathogen training course, submit an exposure control plan and pay a fee. The revenue generated from fees paid would be used to subsidize inspections of adult film sets to ensure proper use of condoms by actors during the film production. Permits would be revoked or suspended should any violation be discovered by an LADPH inspector. Producers would also be liable for civil fines and even criminal misdemeanor charges. The ballot initiative stems from the erroneous belief that adult film actors have been testing positively for HIV, reportedly resulting in two incidents of outbreak among actors. The fact is the positive tests belong to members of the public or people applying to work in the industry. There have been no outbreaks among working actors. Supporters of the ballot initiative hold the mistaken belief that such a mandate would prevent the spread of disease throughout the industry and could only have positive impacts on the Valley. The truth of the matter is, high permit fees, and additional and unnecessary workplace safety regulations forced on one specific industry will work to drive that industry out of the area. The adult film industry requires minimal atmospheric conditions and would easily relocate to neighboring counties, states and countries. The thousands of jobs that go along with these films, including producers, directors, editors, sound technicians, costumers and actors, would also quickly vacate Los Angeles, leaving the Valley and the rest of the county with a higher unemployment rate. Voting for this mandate would be a detrimental move for county voters. With the ease these film productions would have in leaving the Valley, it is made clear that such workplace safety regulations should be determined and issued by the California Occupations Safety and Health Agency (CalOSHA) and not Los Angeles County. Similarly, Los Angeles may be at risk of losing the business of the film industry as a whole. Due to the language used in the ballot measure, it can be also be argued that such mandates may be carried over to traditional and mainstream films that contain kissing or other such scenes. The loss of both mainstream and adult films would be detrimental to the entire Los Angeles County. Further, accusations against the adult film industry regarding outbreaks of disease are unfounded. Los Angeles County developed an epidemiological profile in 2009 and a comprehensive HIV plan for 2012-2014. Neither of these documents identified the adult film industry as a risk or a place where the county should focus resources for HIV prevention. Industry protocols and best practices, created out of the necessity to protect actor health, provide sexual health services to prevent transmission of HIV and other sexually transmitted infections (STI). Workplace safety is important for every industry, however, when local government bureaucrats start imposing additional regulations on a targeted industry without documented necessity, they risk damaging an already fragile Valley economy. While the spread of HIV must, no doubt, be addressed, legislators should look at options that accomplish the same goal without devastating an entire industry and destroying the economic contribution to the San Fernando Valley. Do you believe this mandate on the adult film industry will solve this public health issue? Why or why not? Email your responses or thoughts about this column to [email protected].