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AHF: Porn Industry’s Lawsuit to Block Condoms Unlikely to Prevail

posted 12 Jan 2013, 09:16 by Mpelembe   [ updated 12 Jan 2013, 09:22 ]

Vivid Entertainment leads porn industry plaintiffs in First Amendment lawsuit seeking to overturn Los Angeles County Ballot Measure B, the condoms in porn measure voted into law in November

AHF, the primary sponsor of the County of Los Angeles Safer Sex in the Adult Film Industry Act, says it respects the industry’s legal challenge to the measure, but doubts the industry will prevail on First Amendment grounds or other jurisdictional questions of State versus County regulatory authority

LOS ANGELES--(BUSINESS WIRE)--After months of threatening to do so, Southern California’s porn industry has filed a lawsuit seeking to block implementation of Ballot Measure B, the County of Los Angeles Safer Sex in the Adult Film Industry Act, the so-called the condoms in porn measure spearheaded by AIDS Healthcare Foundation (AHF) which Los Angeles County voters passed with an overwhelming margin of voter support—57% to 43%—in the November election.

“The adult film industry has every right to pursue its day in court to try and address concerns about Measure B; however, we are confident in our position and in the legality of Measure B. We believe it is extremely unlikely that the porn industry will prevail here either on its First Amendment claims or questions regarding who has regulatory authority over the industry—the State of California or the County of Los Angeles,” said Michael Weinstein, president of AIDS Healthcare Foundation (AHF) and one of the five named proponents of the ballot initiative. “Regardless, we are going to keep fighting for the safety of the workers in adult films in California and elsewhere and will seek clarification from state officials and in the state regulations overseeing the health and safety of workers in these films.”The lawsuit, with Steve Hirsch’s Vivid Entertainment as lead plaintiff, was filed yesterday in United States District Court, Central District of California. The suit names the County of Los Angeles, Dr. Jonathan Fielding, Director of the Los Angeles County Department of Public Health and County District Attorney Jackie Lacey as Defendants and seeks to block the law primarily on First Amendment challenges.

“Despite what the adult industry’s lawyers are claiming in this lawsuit, Measure B is not directed at speech, and as such, their First Amendment claims will likely ring hollow with the court,” said Tom Myers, Chief of Public Affairs and General Counsel for AIDS Healthcare Foundation. “Measure B is about safety in a commercial endeavor. Nothing in Measure B restricts the content of what can be shown. However, as soon as an adult performer accepts money for performing in a film, a whole host of worker safety laws kick in. In non-adult films, we don't let people take chances that can harm themselves or others, with pyrotechnics, for example, just because they feel their creativity or expression would be stifled otherwise. The same reason one requires condoms is the same reason a stunt man or woman would have to use a net, or be tied to a harness.”

Los Angles County Ballot Measure B, the County of Los Angeles Safer Sex in the Adult Film Industry Act, which AHF spearheaded, passed with an overwhelming margin of Los Angeles County voter support—57% in favor to 43% opposed. The ballot measure now requires producers of adult films to obtain a public health permit from the County, follow all health and safety laws, including condom use, and pay a permit fee to cover enforcement of the law. The measure was spearheaded by AHF and members of the advocacy group,FAIR (‘For Adult Industry Responsibility’), after as many as 22 HIV infections believed to be industry-related were reported in several outbreaks in Los Angeles since 2004, and amidst thousands of sexually transmitted infections (STIs) occurring annually among adult performers.

“Unfortunately, the industry has tried everything so far except exploring how they might actually comply with the law,” added AHF’s Weinstein.

About AIDS Healthcare Foundation

AIDS Healthcare Foundation (AHF), the largest global AIDS organization, currently provides medical care and/or services to more than 187,000 individuals in 28 countries worldwide in the US, Africa, Latin America/Caribbean, the Asia/Pacific Region and Eastern Europe. To learn more about AHF, please visit our website: www.aidshealth.org, find us on Facebook: www.facebook.com/aidshealth and follow us on Twitter: @aidshealthcare



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