YNOT – Lawyers representing the adult entertainment industry filed a federal lawsuit Friday challenging the constitutionality of Los Angeles County’s infamous Measure B. Often called the “Condoms in Porn Act,” the LA County ordinance requires the use of condoms and other barrier protection on all adult film sets and institutes new permitting and inspection procedures that are projected to increase costs for taxpayers and the adult film industry. Voters approved the ballot measure Nov. 6.
“This law will waste taxpayer dollars and compromise the effective performer health protocols already in place,” said Diane Duke, chief executive officer for adult industry trade association Free Speech Coalition, in a December announcement about the lawsuit’s preparation.
In addition, Duke said the ordinance negates performers’ “right to perform without the absurd regulation that will require them to wear a virtual hazmat suit.” In addition, “producers and directors face jail time for any noncompliance with this ill-conceived law.”
Filed in U.S. District Court for the Central District of California, the complaint states:
- Measure B is unnecessary because of the rigorous and effective self-regulation already employed by the adult industry.
- The ordinance imposes an unconstitutional system of prior restraint in violation of First Amendment guarantees.
- Numerous provisions of Measure B are excessively vague and burdensome, and thus place an intolerable restriction on freedom of expression.
The lawsuit also challenges the county’s jurisdiction to regulate adult production or performer health and safety, as these issues typically fall under the state’s Division of Occupational Safety and Health, better known as Cal/OSHA.
Plaintiffs include adult studio Vivid Entertainment along with adult performers Kayden Kross and Logan Pierce.
“Overturning this law is something I feel very passionate about,” said Vivid founder and co-chairman Steven Hirsch. “I believe the industry’s current testing system works well. Since 2004, over 300,000 explicit scenes have been filmed with zero HIV transmission. The new law makes no sense, and it imposes a government licensing regime on making films that are protected by the Constitution.
“Measure B will have vast unintended consequences which may undermine industry efforts to protect the health of our actors and actresses,” he added.
Attorneys Paul Cambria of Lipsitz Green Scime Cambria, Louis Sirkin of Santen Hughes, and Bob Corn-Revere of Davis Wright Tremaine represent the plaintiffs.
Cambria said Measure B not only infringes on free expression, but also threatens performers’ health, safety and livelihoods in insidious ways. Instead of complying with the terms of the ordinance, Cambria feels producers may migrate to offshore locations where a lack of testing facilities could make it difficult for them to comply with industry best-practices recommendations.
