LA County Supes Rule on the “Condoms in Porn” Law

Both Sides Claim Victory

Since Los Angeles County passed “Measure B” in 2012 – the controversial regulation that requires condoms to be used in porn shoots – the law has been fought by the adult industry as a violation of the film makers’ and performers’ free speech rights under the First Amendment, also arguing that there is no HIV problem in the adult film industry due to the industry’s stringent STD testing systems.

The law was championed by Michael Weinstein’s AIDs Healthcare Foundation (AHF), a group that insists that condoms should be required as a standard workplace safety measure to protect the performers from possible HIV infection. In the four years since the law was passed, as the porn producers have been fighting it in court, AHF has also been filing lawsuits with LA County for not enforcing the law.

Finally, the Los Angeles County Supervisors have settled the matter and both sides are claiming victory.

The LA supes have declared that they do not consider the transfer of bodily fluids to be protected by the U.S. Constitution. According to Businesswire, this finding has pleased the AIDs Healthcare Foundation, that has issued a statement:

The constitutionality of the condom requirement is now settled law, which is a monumental accomplishment. No producer can any longer claim that if they film without condoms in Los Angeles County that they don’t know that they are breaking the law.

At the same time, however, the LA supes have gutted the enforcement provisions of the law, no longer allowing surprise inspections on sets, removing the provision that banned violators of the law from producing more porn, and also barring AHF from filing any more lawsuits with the County. The Free Speech Coalition has issued their statement:

The Free Speech Coalition would like to thank Vivid Entertainment for standing up for the the rights of performers and filmmakers in their battle over Measure B, and commend them on the landmark settlement reached today, which renders the law unenforceable. When Measure B was passed in 2012, LA County declined to enforce the Measure. The Measure, which effectively banned adult film production without condoms, was widely opposed by performers, doctors, activists, legislators and public health officials . . . Today’s settlement will effectively prevent enforcement of Measure B.  Weinstein is  blocked from harassing LA County with further lawsuits related to the Measure, which still has no mechanism for enforcement. While AHF has attempted to spin this as a win, they’ve wasted millions on an unenforceable measure that has accomplished nothing.

At the 2016 AVN Adult Entertainment Expo, there was a panel discussion on this topic by male porn actors who have worked in the industry for years. (Scroll down to Day 3.) All were opposed to the law for a lot of good reasons. You’d probably be safer having unprotected sex with an active porn star than you would with any random person you might meet socially.

Los Angeles County doesn’t want to enforce this law and the supervisors are sick of being harassed by misguided AIDs activists. The county has already lost millions in revenues from porn companies that moved shoots to Las Vegas, Miami, and other more-porn-friendly locales. As always with worthless lawsuits, the lawyers were the real winners in this four-year battle. Nothing has changed.

See also a related post from last month: California Prudes Harassing Porn Shoots.
End-Girl-Opt

One Response to “LA County Supes Rule on the “Condoms in Porn” Law”

  1. Arnold Snyder

    A reminder about our comments policy: I delete comments that are inaccurate or untruthful. If necessary, I’ll put all comments through mediation before they are posted.

    I’ve got club personnel trying to post bad comments about other clubs and good comments about their own, dancers trying to diss other dancers, fired employees trying to diss their former employers, etc. I actually go to the clubs and so I know what’s real and what’s not.

    Reply

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