The City of Los Angeles has filed a court case against AIDS Healthcare Foundation (AHF) over that anti-porn campiagn's much-vaunted mandatory condom ballot initiative, for which AHF solicited over 64,000 signatures.
The purpose of the lawsuit is
to have a Superior Court judge determine the validity of AHF's proposed ballot initiative, and LA City Attorney Carmen A. Trutanich has put forth some compelling reasons why AHF's plan to require FilmLA, the agency that approves permits for production
companies to shoot their movies within the city, to force adult producers to use condoms and other barrier protections during permitted shoots, should never be put before city voters.
Essentially, Trutanich's arguments mirror those used by
the city to strike down AHF's lawsuit filed sometime last spring. Trutanich's office opined that those sorts of functions had, by agreement, been delegated to the California Division of Occupational Safety and Health (CalOSHA), and in June, the state's
Second Circuit Court of Appeals rejected AHF's attempt to force LADPH to police porn sets for condom use.
LA is also challenging the need for a referendum in order to avoid the needless and wasteful expenditure of public resources made in
connection with a measure which the voters have no power to adopt, the complaint states.
Update: California Health and Safety don't support LA's legal challenge
31st December 2011. See
article from latimes.com
Los Angeles City
Attorney, Carmen Trutanich, filed court papers earlier this month saying that Los Angeles voters would have no legal authority to adopt the proposed measure even if it were placed on the ballot.
Trutanich argued that only the state, not the city,
could legally impose rules requiring the use of condoms on porn sets and charging fees to pay for inspections.
However the head of the California Division of Occupational Safety and Health, which regulates workplace safety disagrees.
In a
Dec. 23 email to one of Trutanich's deputy city attorneys, Ellen Widess wrote that she believes the city could legally enact the restrictions envisioned in the proposed ballot measure. We don't see a bar to the city or the county doing what they need
to do, Widess said in a telephone interview Monday evening. We believe the city can use its authority to prevent the spread of HIV/AIDS among people involved in the adult film industry.