A top adult film producer sued Los Angeles County
on Friday over a voter-approved measure requiring porn actors to wear condoms,
saying the law infringes on their First Amendment rights and was driving the
industry out of southern California.
Adult film producer Vivid
Entertainment is seeking to overturn the newly passed Los Angeles County
ballot measure requiring porn performers to wear condoms during filming.
The lawsuit was filed in federal
court Friday on behalf of Vivid, one of the nation’s most prominent adult film
makers, along with two porn performers. The suit argues that the condom-porn
measure violates the 1st Amendment protection of free expression. The ballot
measure was passed with 57% of the vote in November.
The new ordinance “imposes an
intolerable burden on the exercise of rights under the First Amendment,” the
suit says.
The suit also says that the
county measure is preempted by California
state law and regulations.
Supporters of the condom
requirement, led by the AIDS Healthcare Foundation, have said the regulation
seeks to protect the health and safety of porn performers from HIV and other
sexually transmitted disease, and does not seek to infringe on free speech
rights. Supporters of a condom requirement have said filmmakers could digitally
remove images of condoms from films. Porn producers say such a requirement would
be cost prohibitive.
The condom requirement became
effective in December, but the county has not yet established a way to the
enforce the law.
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