FSC Weighs In On Proposed Measure B Permitting Structure

LOS ANGELES—The Free Speech Coalition (FSC) issued the following statement Monday afternoon regarding the proposed permitting structure for adult producers under L.A. County's Measure B to be discussed Tuesday at the L.A. Board of Supervisors' public meeting: On Tuesday, August 22, 2017, the Los Angeles Board of Supervisors will hear public comment and vote on a permitting structure for adult productions in the County of LA. The current proposal would require any producer—including everyone from traditional studios to cam performers and custom clip manufacturers—to pay over $1600 for a two-year permit, as well as take sexual health training and use condoms. Those who fail to comply with Measure B can face a fine of $1,000 and up to six months in jail for each offense. The adult industry is a legal industry, and we understand that Measure B is settled law. However, the 2012 law was written without input of the affected communities, performers and producers, and the proposed permitting structure does not make sense for the industry or public health policy in 2017. The Board of Supervisors has the ability to amend the law. We are not opposed to condoms, and work continually to improve performer health and safety. However, if the goal of Measure B is to protect the health of adult performers, we are asking that the Board of Supervisors take into account a complete toolbox of prevention, including testing protocols, encourage strategies that give performers agency over their bodies and workplaces, and regulate enforcement in a way that corresponds with other prevention strategies endorsed by LA County. We have been meeting with the Department of Public Health, and attending meetings of the Board of Supervisors to formulate a solution that would protect performer’s health and safety while keeping permits and requirements reasonable for the thousands of performers who shoot in LA county, and the many that would like to return. The current proposal, issued by the Department of Public Health, has several significant flaws. Permit Cost Too High The DPH has proposed that anyone shooting penetrative sex in Los Angeles County pay a permit fee of $1671. We believe this is  too expensive, and uses bad data to maintain the required revenue neutrality. It is much higher than similar permits for other industries. We are asking that the Board of Supervisors work to drop the cost for the first several years while we encourage compliance, as it has in other industries. Performers Excluded from Process Effective public health policy requires participation of the stakeholders, in this case, the adult performers. As a result, the law disproportionately punishes performers, the vast majority of whom produce their own content, appear on web cams, and participate in profits from shoots. We ask that DPH meet with performers and performer advocates to develop regulation that better fits the nature of today’s adult workforce, and avoid drafting policies that override the will of an already stigmatized minority. Outdated Prevention Science When Measure B was passed in 2012, major medical advancements such as PrEP, which prevents HIV, were largely unknown, and data on the efficacy of condoms on adult sets was not studied. We ask that the DPH have a more holistic, comprehensive approach to performer safety. As many in both city government and the adult industry are aware, Measure B was passed over the objections of performers. Measure B was an attack on an already stigmatized workforce, using bad data and employing outmoded views of the adult industry. The Board of Supervisors has the ability to amend and correct this wrong. Tomorrow’s meeting is open to the public, and we invite performers to attend the meeting with us in downtown LA on Tuesday. We believe that if the goals of Measure B are to be accomplished, it is crucial that performer voices be included in the process. If you plan to attend the meeting, or would like to be more involved in the amendment of Measure B, contact [email protected]/* */