An ordinance that requires condom use in adult film productions is all but certain to gain final approval by the Los Angeles City Council on Tuesday. The San Fernando Valley-centered, X-rated entertainment industry could respond to the new law in a number of ways.
"If it does pass, some of the companies will, obviously, follow the law and use condoms, which is fine," said director and producer Will Ryder, whose company X-Play specializes in porn parodies such as "Not The Bradys XXX" and "Not The Cosbys XXX."
"But many, many producers will go underground, they'll go to other cities, they'll shoot without testing to save expenses, and you'll see the rogue element creeping in," Ryder warned.
For many years, the adult industry has required performers to take monthly tests for sexually transmitted diseases. Producers consistently do not hire anyone who turns up positive.
Porn professionals feel that this has proven an effective safeguard -- the last proven outbreak of HIV within the adult film community occurred in 2004, among one actor and three actresses -- and therefore makes condom use unnecessary.
"We're the safest people in the world, we're tested every 28 days," adult film star James Bartholet said. "We're a lot safer than 99 percent of the kids in nightclubs. I don't think this ordinance is a good idea because it's going to cause a lot of runaway production. We want to keep as much production, mainstream and adult, here in California as we can because it helps the economy."
Former adult actor Darren James -- the male involved in the 2004 HIV outbreak -- thinks the condom requirement is a good idea.
"It's great, it's outstanding and it's about time," James said. "A lot of people who don't make money will do a scene just to pay their bills and rent. A lot of them have drug issues, and are not provided with treatment and may not know that they're carrying something."
Of course, the vast majority of porn consumers prefer to watch unprotected sex acts, and adult filmmakers fear that adding condoms to their productions will further damage sales figures that have already been devastated by piracy and free Internet porn.
"I don't really like how it looks, and I prefer not to use them," Tujunga-based producer Erica McLean said, adding that she tries to accommodate any actor who requests a condom in her productions. "The films are supposed to be in-the-moment, and putting condoms on is distracting. And it just doesn't look sexy."
The ordinance will require productions applying to permitting clearinghouse FilmL.A. to agree on paper to employ condoms. While major producers such as X-Play and Vivid Video get permits for location shoots -- defined as any filming in the city not done on a studio lot or at certified soundstages -- it is generally understood that a majority of adult filmmakers simply don't bother to pull permits.
Even if the new requirement triggers an increase in nonpermitted adult shoots, though, it could, sooner or later, lead to more condoms seen onscreen.
"It's a federal OSHA guideline for the existing bloodborne pathogens law that, for the most part, people in the adult industry have chosen to be in compliance with as far as possible by testing," explained Chatsworth-based Immoral Productions owner Dan Leal, who live-streams hard-core webcasts five days a week and distributes through subscription-based sites, video-on-demand and DVD.
"All (the city) is saying is that they're going to enforce an existing law," Leal said.
Cal/OSHA is currently tasked with enforcing the existing condom requirement, but the workplace safety agency for the most part only responds to complaints. And adult film workers almost never complain about something that might limit their employment.
The city is forming a working group that will include LAPD, the City Attorney's Office and industry representatives to hammer out implementation.
"This ordinance gives us the ability to do our own enforcement," said City Councilman Paul Koretz, a longtime supporter of condom requirements. "I don't think we're going to make it the mission of the city to enforce every porn shoot, but we will do an occasional spot check, I assume, to keep them honest as it were. And we're going to put it in our filming contract, so that at least on paper they've said they'll use condoms."
Those who bypass the permitting process, when found, will be fined for that infraction and likely shut down. They'll have to get a permit -- and thereby agree to condoms -- in order to resume work, Koretz figured.
The ordinance is the result of a ballot petition drive organized by the Hollywood-based AIDS Healthcare Foundation. Rather than face the expected expense of $4 million to place the initiative on an upcoming ballot, the City Council decided to take up the issue. It passed on preliminary 11-1 vote last week, and then needs a simple majority of eight votes this week to become law.
And when it does . . .
"The lawsuits will be tremendous," Ryder predicted. "It will end up costing the city taxpayers millions and millions of dollars, which is unnecessary."
The adult film industry trade group The Free Speech Coalition isn't tipping its hand on that possibility just yet.
"We're looking at all of our options on this," coalition executive director Diane Duke said. "We're in discussions with some of the heads of the industry about legal challenges. We haven't determined yet what our strategy is going to be on that."
Duke insists that the industry's STD testing, which the coalition organizes and provides results of to producers, has done a stellar job of protecting its sex workers. She acknowledged the OSHA guidelines, but also pointed out that there has yet to be a court decision in their favor against adult producers.
If and when the new ordinance is implemented, Koretz expects most adult producers to fall into line.
"When I held hearings on this subject a number of years ago in Sacramento, there was a unified voice from the industry saying everyone would go underground and you'd have less enforcement," the former state assemblyman said. "There is a possibility that some of that happens. But I'm inclined to believe that the people who are doing it with permits want to follow the law and do it right. I'd be surprised if that changes."
Ordinance opponent Ryder admitted that he'd use condoms on his L.A. sets if required to but would also go outside the city limits for noncondomed shoots.
"The general perception of this business is that we're unbusinesslike and lawless, but the truth really couldn't be any further from that," Ryder said. "But I think the City Council should get its nose out of private enterprise; make it easier to do business to make money and generate tax revenues rather than to hinder private business."
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