Judge rules condom requirements in porn are constitutional
By Ruben Vives
August 16, 2013, 10:31 p.m.
A federal judge on Friday denied the porn industry’s assertion that requiring adult film performers to wear condoms is unconstitutional.
The ruling is the latest setback for producers of adult films who filed a lawsuit to block the implementation of the Los Angeles County Safer Sex in the Adult Film Industry Act, or Measure B.
The measure was approved by an overwhelming majority of county voters last November. It was sponsored by five individuals affiliated with the AIDS Healthcare Foundation, a nonprofit group.
Vivid Entertainment and Califa Productions and porn performers Kayden Kross and Logan Pierce sued the county in January to prevent the implementation of the new law. After county officials declined to defend the measure, the AIDS Healthcare Foundation was granted “intervener” status to defend the law against the porn industry’s lawsuit.
The industry later tried to have the group removed, but the motion was denied.
In Friday’s ruling, U.S. District Judge Dean Pregerson wrote that the AIDS Healthcare Foundation presented evidence of the health risks the measure is targeting. He said the new law seeks to alleviate those harmed in a direct and material way.
“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,” Pregerson wrote.
“Today’s ruling … is just a tremendous, tremendous victory, one that will go a long way to safeguard the health and safety of those adult performers working in the industry,” said AIDS Healthcare Foundation President Michael Weinstein.