On Monday, August 30th, Governor Arnold Schwarzenegger signed into law AB1894, a pro-business measure authored by Assemblymember John Longville (D-San Bernardino) and sponsored by the Free Speech Coalition, a trade association for the adult entertainment industry.
Originally introduced in 2003 as AB1438, the legislation establishes a non-judicial procedure whereby a business whose records are seized during an investigation may obtain a copy of critical business files that will allow it to continue operating during the course of the investigation. Although the bill passed both houses of the legislature last year on a unanimous “aye” vote, Governor Davis vetoed the measure, saying he did not wish to aid “pornographers” that might benefit from the provisions of the law.
Assemblymember Longville, who demonstrated great courage in carrying the bill because of the political risks of being identified with adult industry legislation, re-introduced the measure in 2004 as AB1894. The bill attracted broad business support, spear-headed by the California Chamber of Commerce, which had signed on early in 2003.
Other supporters in 2003 included the California Retailers Association, the California Attorneys for Criminal Justice and the Food and Beverage Association of San Diego. In 2004, other supporters signed on, including the California Apartment Association and the California Association of Licensed Investigators. In addition, after lengthy negotiations with law enforcement officials during the course of the bill’s passage through the legislature, even the office of the Attorney General signed on in support of the measure.
“We are grateful to Assemblymember Longville for carrying this important bill and we are proud of our role in getting this legislation into law,” stated Kat Sunlove, FSC’s Legislative Affairs Director. “Many member of the adult entertainment community are small business owners who could suffer extreme financial setbacks if their business records were seized and held for an extended period of time. Often, no charges are ever filed and yet the business can still be devastated by such a seizure of records. We believe AB1894 will help alleviate this problem.”
The bill was originally drafted several years ago by First Amendment attorney Al Gelbard, and “shopped” by lobbyist Sunlove through two legislative sessions before finally getting Longville to agree to carry the measure in 2003.
In the course of its passage through the legislature, the measure faced opposition from the California Association of District Attorneys, the Attorney General’s office and other law enforcement groups. In response, Mr. Longville and FSC agreed to a number of amendments to protect the interests of law enforcement without substantially affecting the purpose of the bill.
