A Los Angeles City Council committee will take up the issue of mandatory condoms in porn this week.

This after the City Attorney's office recently ruled that L.A. could indeed require that condoms be used on the sets of adult videos shot under city permits. However, the office opined that enforcement was the primary responsibility of the state.

Here's what the memo says, in part:

… The language on the permit requires the permittee to adhere to all federal, state and local laws, which would include Title 8 of the California Code of Regulations Section 5193 requiring employees exposed to blood borne pathogens to wear protective gear. In the event any terms of the permit are violated during the permitted activity, LAPD has the discretion to revoke the permit.

Sounds like the cops can bust just about any straight porn shoot in the city if they wanted. Problem is, the city long ago ceded health-code enforcement to both the county and state.

So while officers could pull permits, it's unlikely they would. ” … It is doubtful the city of Los Angeles can actively enforce the wearing of condoms on adult film sets.”

State Division of Occupational Safety and Health (Cal-OSHA) officials told us it is their job to require condoms on set, yet they say they don't have the resources to really crack down.

The AIDS Healthcare Foundation has been lobbying for enforcement, and wants California's regulations to go beyond generic blood-borne pathogen rules and address porn industry interaction (and condoms) specifically.

Porn industry leaders say that if this happens, the adult biz will be driven out-of-state and underground, where contact will be less safe than it is now. (Porn stars who work for major production outfits are tested regularly and have to have a clean bill of health before shooting, although that's not always foolproof).

Councilman Bill Rosdendahl had asked for the memo as a way of explaining how the city could enforce condom use in porn.

The City Attorney's office seems to be saying that, while it's hypothetically feasible, it's not going to happen.

The City Council's Arts, Parks, Health and Aging Committee was set to take up the matter tomorrow, but we doubt they'll be any, er, fireworks.

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