Question
Is it legal for Los Angeles County to charge a fee to film on private property when no public roads or public services are needed? Isn’t this against constitutional rights to free speech?
Answer
Pursuant to the Los Angeles County Code of Ordinances § 22.56.1925 (accessible here:http://ift.tt/1HS7PfA), an application for a temporary use (filming) permit must be filed for on-location filming within all unincorporated county areas, on both public and private property.
However, it appears the provision of the code pertaining to permit fees (§ 22.56.1870) does not apply to on-location filming (provided County roads are not filmed). Id. at § 22.56.1925(b).
The County shall charge a fee to entertainment industry customers seeking permits for the production of adult films, to allow periodic inspections to ensure compliance with the code.
Id. at § 22.56.1925. This requirement survives constitutional scrutiny. Vivid Entm’t, LLC v. Fielding, 774 F.3d 566, 583 (9th Cir. 2014).
If you have any further questions regarding the permitting of on-site filming, feel free to contact Film L.A. Inc., the permit processor for the County of Los Angeles http://www.filmla.com/.
Bryan Cave LLP is general counsel for the First Amendment Coalition and responds to FAC hotline inquiries. In responding to these inquiries, we can give general information regarding open government and speech issues but cannot provide specific legal advice or representation.
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