The discussion of Ballot Measure B usually surrounds the adult industry and the more traditional business model of pornographic content production. What no one is discussing is how this law will affect hundreds, possibly thousands, of Los Angeles County residents that have nothing to do with “Porn Valley.” While it is apparent that the law’s intended “target” is the production studios and pornstars, what is not readily apparent is that this law will require even monogamous married couples that earn extra money from performing together on cam to also purchase a Department of Health permit to continue to work together. Obviously if it can reach married couples it can reach any two people performing in cam shows together.

Not only will couples be required to secure an expensive Department of Health permit but it will also require them to wear condoms and use barrier protection such as dental dams when performing with each other. That couple will also have to allow Los Angeles County Department of Health Inspectors into their home to review records as well as the necessary posted notices.

The devil is always in the details when it comes to laws though. Here is how an “adult film” is defined;

A cam broadcast would be considered video or multimedia. This is actually confirmed by this language;

Web camming would certainly be considered a real-time broadcast. So who would be required to secure a Department of Health permit ? Would it be the actual couple web camming together or would the camsite be required to have the permit ? Here is the law’s definition of “producer;”

Based on this definition the couple would be required to have a health permit however it may also require the cam site to have one as well. The proposition of the cam site needing a health permit seems to be re-enforced by this additional language of who has to comply with the law;

Since payment for the couple’s performance is being paid by the camsite operator one can make the argument that a camsite is a producer as defined by 11.39.075 and that they are operating within the county by allowing the couple to broadcast their show over their network. The question then becomes can Los Angeles County regulate a business that may not even be based in the United States. That is a question that might have to be litigated in court. It is obvious from the above language that this law can be enforced against a couple performing in cam shows together.

Now that it is clear it can be enforced against a couple the question becomes what does a couple have to do in order to comply with the law. As previously noted a Department of Health permit would be required;

At this point no one knows what the required fee will be but estimates have been as low as $2,000 per year to as high as $20,000 per year. Whatever the amount the imposition of the permit will make camming much less profitable for any couple. It should also be noted that not only will this law require a health permit but current Los Angeles County law usually requires anyone filming anything of a commercial nature to have a film permit. A cam show would be considered commercial and it makes no difference if that filming is occurring in a private residence. The monthly fee in Los Angeles for a web cam filming permit is approximately $1500-$1600 per month.

Are there are other requirements for couples that cam ? The law further requires;

The requirement of a sign in a couple’s bedroom signs rather absurd but that is in fact what would be required to be compliant. Here are the more important requirements that are indeed a violation of the privacy of a couple as well as a warrant-less search and seizure of that couple’s home and property;

A couple would be forced by law to allow a county health inspector to enter their home, inspect the filming area for all notices and to ask for and if not provided with then SEIZE film and quite possibly the couple’s computer and camera as evidence as non-compliance. The next logical question is what would happen if the couple simply did not allow the health inspector into their home. That issue is addressed as well;

 

If a couple refuses entry to the health inspector they can be hauled into court and compelled to allow a warrant-less search of their home and seizure of the personal property. Obviously, we are now left to ask what happens if a couple does not comply with this law. The penalties are draconian and harsh.

In the second part of this article I will be discussing the likelihood of a couple being prosecuted and what penalties they may face if caught performing with each other without condoms or dental dams.

 

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