YNOT – Last week, the City of Los Angeles took the uncommon step of filing a civil lawsuit to stop a ballot initiative.

Filed in California Superior Court, the suit names as respondents Michael Weinstein, Gerard Kenslea, Marijane Jackson, Arlette de la Cruz and Mark Roy McGrath. All of the foregoing are management, staff or otherwise associated with non-profit organization AIDS Healthcare Foundation. Weinstein is AHF’s president.

At issue is AHF’s demand that the City of Los Angeles allow voters to decide whether local officials should enforce mandatory condom usage on adult movie sets. AHF recently presented a petition bearing the required 64,000 allegedly valid voter signatures to that effect, and the foundation wants the measure to be included on the June 2012 ballot.

In documents filed with the court, the city argues that the ballot measure is unnecessary, because state regulations already require barrier protection on adult sets. As such, the onus for enforcement falls upon the state. Enforcement jurisdictions already have been settled by the court, the city’s lawsuit notes: In June, a state appellate court rejected AHF’s attempt to compel the Los Angeles Police Department to enforce state regulations regarding condoms.

With that in mind, the expense associated with taking a ballot measure to the voters would be a waste of taxpayer money, according to the lawsuit. The city also worries that the ballot initiative may be unconstitutional. If so, local taxpayers will incur more expense should the measure pass and then be challenged in court.

“The City of Los Angeles has acted responsibly to protect the taxpayers from enacting an unenforceable measure preempted by state law,” adult industry attorney and Free Speech Coalition Chairman Jeffrey Douglas said of the suit. “The adult industry has been extraordinarily successful in preventing HIV infections through its testing protocols and self-regulation.”

AHF and the adult industry trade group repeatedly have butted heads about the issue since the California Division of Occupational Safety and Health began holding public public hearings in November 2010. Determined to forestall additional regulations on an industry already suffering economic hardship, FSC has worked with state officials to formulate standards and practices that not only will protect public health, but also allow studios to retain autonomy and creative control of their products. Weinstein and AHF, on the other hand, have stated they will accept nothing less than restrictions the adult industry considers a draconian assault on personal liberty.

“Thankfully, the Los Angeles City Attorney’s office is acting in an abundance of caution and not simply marching to the tune called by Michael Weinstein,” said attorney Karen Tynan, who also serves as the legal advisor for FSC’s Adult Production Health and Safety Services initiative.

In forming APHSS to monitor performer health and offer testing and treatment services, “the industry is working with the state toward adopting industry specific and industry appropriate safety standards,” Tynan added. “These efforts by AHF and Michael Weinstein are an attempt to interfere in that process. The Los Angeles City Attorney is correct that the ballot initiative would be a complete waste of taxpayer money.”

APHSS arose from recommendations provided by industry stakeholders, compliance experts and legal advisers. To date, the organization has developed a comprehensive bloodbourne pathogen plan and other policies for industry appropriate regulations, in addition to creating a nationwide network of health services providers.

None of FSC’s efforts have met with AHF’s approval. FSC Executive Director Diane Duke wonders about AHF’s true agenda, since requiring condoms on adult movie sets would have no effect on performer’s sexual behavior in their private lives.

“Clearly AHF has chosen to squander its donors’ resources by filing frivolous lawsuits and ballot initiatives instead of providing valuable resources toward the prevention and treatment of HIV,” Duke said. “It is heartening to know that the City of Los Angeles will draw the line on AHF’s political grandstanding when it comes to wasting taxpayer dollars.

“History has shown us that regulating sexual behavior between consenting adults does not work,” she added. “The best way to prevent the transmission of HIV and other [sexually transmitted infections] is by providing quality information and sexual health service, all of which are successfully provided through adult industry protocols and best practices.”