Protect local news!

Be one of 5,000 supporters to make a monthly gift during our fall member drive and help strengthen our nonprofit newsroom.
Logged in as
Audience-funded nonprofit news
radio tower icon laist logo
Next Up:
0:00
0:00
Subscribe
  • Listen Now Playing Listen

This archival content was originally written for and published on KPCC.org. Keep in mind that links and images may no longer work — and references may be outdated.

KPCC Archive

Federal judge upholds adult film condom law; but adds constraints to enforcement (full ruling PDF)

A bill that would require adult film actors to wear condoms during productions anywhere in California and to be tested regularly for sexually transmitted diseases is advancing through the Legislature.
Los Angeles adult film performers may soon be required to use condoms for some film shoots.
(
peachy92/Flickr/Creative Commons
)

One year ago, Congress defunded public media. Now that we're 100% community funded, please become a sustaining member or increase your existing membership today.

A federal judge has upheld a Los Angeles County law requiring performers in adult films to wear condoms on set on Friday - but added new hurdles before investigators can issue fines.

The "Safer Sex in the Adult Film Industry Act," or Measure B, was approved by voters in November. It seeks to reduce the spread of sexually-transmitted diseases. 

A group of adult film producers and actors had called for an preliminary injunction and argued that the measure limited free speech.

"The exercise of 1st Amendment freedoms cannot be limited by referendum," the lawsuit said. The ordinance stands "as an unconstitutional prior restraint upon protected expression."

The judge agreed that the measure imposed a limit on speech, but found that the imperative to protect public health trumped the immediate risks to free speech demonstrated by the porn industry. The Associated Press reported: 
In the ruling, U.S. District Judge Dean Pregerson wrote that the AIDS Healthcare Foundation presented sufficient evidence of the health risks the measure seeks to reduce. He said the law seeks to alleviate those harmed in a direct and material way.

Industry magazine Adult Video News reported that the judge's ruling holds that film crews must use condoms in sex scenes, but makes it more difficult for investigators to levy fines or shut down productions. According to AVN: 
Fines and other sanctions can still be levied against producers, but only after judicial review, which means that enforcing the law will now be more complex and expensive for city and county officials because of this ruling.

In essence, investigators would need to obtain a search warrant before visiting a set and any fines would have to be reviewed by a court. Adult industry attorney
Sponsored message
Michael Fattorosi wrote on his blog that the ruling adds new hurdles for the county: 
[...] the County of Los Angeles will not be able to conduct warrantless searches of producers. And once a warrant is obtained, if a violation is found, a fine or criminal penalties could not be imposed without a judicial hearing.

The AP reported the decision was welcomed by the nonprofit AIDS Healthcare Foundation, which helped sponsor the measure and defend it in court.

You can read the full ruling below. 

Vivid v Fielding Ruling

One year ago, Congress voted to defund public media, eliminating a critical $1.7 million from our budget every year going forward. But they couldn’t silence us, and we’re not going anywhere. LAist is now 100% community funded and that means we’re taking our future into our own hands and turning to you to keep local reporting strong.

You come to LAist because you want independent reporting and trustworthy local information. Our nonprofit newsroom doesn’t answer to shareholders looking to turn a profit. Instead, we answer to you and our communities. We are free to follow facts wherever they lead and to hold power to account without fear or favor. Our only loyalty is to our readers and listeners and our mission: to inform, engage, and strengthen Southern California’s communities.

If this story helped you, please become a monthly member today to help sustain this mission. It just takes 1 minute to donate below.
Senior Vice President News, Editor in Chief

Make your tax-deductible donation today