Adult entertainment performers and one production company have filed a lawsuit in federal court challenging the legality of Los Angeles County’s mandatory condom law approved by voters in November.
Plaintiffs in the suit are Vivid Entertainment, one of the largest producers of adult films in the San Fernando Valley, and performers Kayden Kross and Logan Pierce. Defendants are Los Angeles County, Jonathan Fielding, director of the Los Angeles County Health Department, and Los Angeles County District Attorney Jackie Lacey. The suit was filed in the U.S. District Court for the Central District of California.
The ballot initiative known as Measure B makes no sense and imposes a government licensing regime on making films that are protected by the Constitution, said Vivid Co-Chairman Steven Hirsch.
“Measure B will have vast unintended consequences which may undermine industry efforts to protect the health of our actors and actresses,” Hirsch said in a prepared statement.
The Measure B ballot initiative was the creation of the AIDS Healthcare Foundation and its president, Michael Weinstein.
The measure would require condoms be used on film shoots. Also, adult film producers would have to obtain a public health permit from the county health department and complete a blood-borne pathogen training course prior to filming. A fee collected by the county would offset the cost of enforcement.
The suit claims the ballot initiative restricts speech protected by the First Amendment, does not set out guidelines to determine the cost of the permit fee, and uses terms that are unconstitutionally vague.
“Measure B implements restrictions and requirements for the entire adult film industry and all those who depend on it for their livelihoods,” the suit stated.