LA County Votes to Enforce New Measure B Permit Fees for Adult

LOS ANGELES—Despite passionate opposition from an adult industry contingent at Tuesday’s public hearing, L.A. County’s Board of Supervisors voted in favor of imposing mandatory permit fees for adult productions. The current proposal would require any producer—including everyone from traditional studios to cam performers and custom clip manufacturers—to pay more than $1600 for a two-year permit, as well as take sexual health training and use condoms in compliance with Measure B, which passed in 2012. 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. It was unclear from Tuesday’s hearing how and when these fees would be implemented. The Department of Public Health had proposed that anyone shooting penetrative sex in L.A. County pay a permit fee of $1671. An industry group led by the Free Speech Coalition (FSC) and Adult Performers Advocacy Committee (APAC) on Tuesday testified that the proposed fees were too expensive, and uses inadequate data to maintain the required revenue neutrality. They argued it is much higher than similar permits for other industries. The FSC released the following statement after Tuesday's hearing: "We are deeply troubled by the vote today by the Board of Supervisors to approve a Measure B permit structure drafted by those without any knowledge of the adult industry, and over the objections of the performers it seeks to protect. Make no mistake: this is terrible health policy, rushed through under political pressure. "Anyone filming adult content in Los Angeles is now required to pay a $1671 health permit fee, undergo sexual health training, and mandate that performers wear condoms. Anyone who fails to comply with those strictures faces $1000 fine, and up to six months in jail. "Despite having five years to formulate a plan and work with stakeholders, the Department of Public Health submitted the proposal to the Board of Supervisors just over a month ago, without consulting performers or alerting the industry to the opportunity to provide public comment. This is not surprising—Dr. Ferrer, the new head of the Department of Public Health, sat during the proceedings with AHF, the controversial organization that put Measure B on the ballot. "What we saw today from both Dr. Ferrer and AHF was disgraceful. Dr. Ferrer ignored performers when they attempted to make public comment, and performers were heckled and shouted at by members of the AHF contingent. One performer was called a whore. Make no mistake: like Measure B, this vote was done based on bias and ignorance, an attempt by moralists to punish an already stigmatized minority. "It did not have to be like this. "The Free Speech Coalition, along with performers and performer advocates, have been requesting a meeting with the Department of Public Health for over six months. They only finally agreed to meet with us last week. We are not opposed to permit fees, nor condoms. We are not currently contesting Measure B. Instead, we have offered multiple proposals which we believe would encourage compliance with the law, and better health outcomes. "In the five years since the passage of Measure B, prevention science has advanced dramatically. Protocols like PrEP now help us guard against HIV infection; increased and more effective testing systems help prevent HIV/STIs. The industry’s PASS testing system — a system designed to encourage compliance, and further sexual health — now tests performers every two weeks for a full slate of STIs, including HIV RNA, Hepatitis C Antibodies, Hepatitis B Antigen, Syphilis, Chlamydia, Gonorrhea, and Trichomoniasis. "We asked the Department of Health to work with us and our systems to develop health safeguards and a permitting system that would be holistic, rather than punitive. To work with performers to develop systems to make sure the industry is shooting legally, and to bring production back to Los Angeles County. "Instead, Los Angeles County has adopted a scheme that criminalizes adult production, and provides incentives for those shooting outside the County or in the shadows. This is a worst-case scenario, not only for the performers whose health and well-being it will endanger, but for Los Angeles County public health policy." “Despite today’s vote, we will continue to fight for the rights of performers,” said Eric Paul Leue, FSC’s executive director, “This was one battle in an ongoing struggle for science over stigma, and facts over fear. We will continue to fight for solutions that increase, not decrease workplace safety for adult performers.” On behalf of the Free Speech Coalition, Leue also sent a letter to the Board of Supervisors outlining some of the problems with the Health Department's fee structure. That letter can be read here. The hearing in Room 381B at 500 West Temple Street in downtown LA lasted about 40 minutes and included testimony from about 15 witnesses, most of whom spoke on behalf of the adult industry. AIDS Healthcare Foundation (AHF), the sponsor of Measure B, sent a small group of speakers but also hired about 75 people to sit in the audience wearing “Enforce Measure B” t-shirts. They reportedly recruited the stand-ins from a Craigslist ad, offering a $50 gift card as payment. Most of the industry professionals who spoke identified themselves as small business owners; several said they were cam girls. Leue noted that whereas the industry used to get 450 shooting permits per year, that number is down to two. “One size doesn’t fit all,” Leue said, adding the fees should be set at a point that encourages compliance with them. APAC President Mia Li implored the board to listen to input from the true stakeholders, saying she began in the industry as a cam girl, earning $200-$500 a week, and that gives her a point of reference to suggest that the fees they want to charge are too high. Wicked Pictures director Brad Armstrong noted that he works for one of the few studios that still pulls permits for every shoot, adding the fees don’t make sense for smaller businesses and individuals. Armstrong suggested the Board of Supervisors don’t have enough information about how the industry works to set reasonable fees. Wicked Girl Jessica Drake asked for “an open dialogue” with the Board, urging them to give consideration to industry members when setting the fees. APAC Treasurer Marcelo said the adult industry is “pretty much in the brown,” or not very profitable at the moment, adding, “If you raise these fees you would inspire evasion of them by the industry.” Industry legend Nina Hartley, who is also a nurse, testified that “Universal testing is the industry rule but it has always been misrepresented by industry opponents.” Cam model Rum Dolor teared up during her testimony, saying she opposed the fees because they would create unnecessary burdens for her business, noting the excessive amount could result in her being homeless. “Support small business, reject the fees,” Dolor concluded. Princess Katarina, a performer and director who works for herself, noted that most of the people that will be affected by the regulations are women and also expected more industry members would leave the county because of the fees. Producer-performer Tim Woodman testified, “ignorance is our common enemy and we as adult performers are not lesser human beings.” Meanwhile, veteran performer Janice Griffith pointed out the industry had not been consulted about the fees. “People do porn because they don’t want to do other jobs that they might be suited for and that’s why they got into porn,” Griffith said. “Condoms are not the answer, testing is.” Seven-year veteran performer Jay Taylor said the fees would “devastate myself and others in the industry.” “1600 is more than we make in a month,” she said. Four individuals spoke on behalf of AHF, including Adam Cohen and former adult performers Derrick Burts and Penny Flame, aka Jennifer Ketchum.  “Fees like this could help make the industry more legitimate in the eyes of the government,” Ketchum said. The Department of Public Health fee would be in addition to the fee for a shooting permit from FilmLA, the agency which issues such permits. After the first two years, a renewal fee for another two years would be set at just over $982. In addition, the County would charge approximately $65 for a Public Health Investigator to come to an adult set and make sure the producers there were following the guidelines enacted several years ago—and if the investigator's visit to the set were after regular working hours, the charge would be about $90. And while it's unknown what situations would require that a Public Health Investigator Manager be present, that person's set visit during regular working hours would be roughly an additional $84, and if outside of those hours, $117.