Federal Court Declares Law Forcing Porn Actors To Wear Condoms Is Constitutional
An attempt to block implementation of Los Angeles County's Measure B, the legislation that passed in November which requires adult film actors to wear condoms, has failed.
The federal judge hearing the case denied three of the seven counts brought by the porn industry in their lawsuit.
According to AIDS Healthcare Foundation (AHF):
A federal court judge in California has ruled that a requirement that porn actors wear condoms during the production of adult films is constitutional. The ruling came in an order issued late Friday by U.S. District Judge Dean Pregerson, U.S. District Court, Central District of California [Case No. 13-00190 DDP (AGRx)], in response to a ‘condoms in porn’ lawsuit the adult film industry brought against Los Angeles County officials seeking to block implementation of Measure B, the Los Angeles County Safer Sex in the Adult Film Industry Act. The porn industry claimed the law’s requirement for condom use was unconstitutional.
In his ruling, Judge Pregerson wrote:
“Because Plaintiffs’ [the porn industry’s] First Amendment claim regarding Measure B’s condom requirement is unlikely to succeed on the merits, the Court DENIES a preliminary injunction on that issue.” U.S District Court Ruling, Pages 26-27, lines 23-25 and 1-3
"Interveners (AHF individuals) have presented evidence that the harms Measure B targets “are real, not merely conjectural, and that [Measure B] will in fact alleviate those harms in a direct and material way.” Page 27, lines 13-16
"Plaintiffs (adult film industry), by contrast, have presented evidence from individuals in the adult film industry, but not in the public health or medical profession, who claim testing is so effective and universal that condoms are unnecessary." Page 28, lines 8-12
“Here, adult film actors must still use condoms. A permit is still required. Although the permit may not be modified, suspended, or revoked, fines and criminal charges may still be brought against offenders, as described in footnote 23. While administrative searches cannot occur, nothing prevents law enforcement from obtaining a warrant to enforce Measure B.” Page 33, lines 9-15
What do you think about the judge's ruling, Instincters? Did he rule correctly? Do you support Measure B? Do you believe it can be realistically enforced?