This is form the FSC:
Lawyers for the adult entertainment industry filed suit today in the U.S. District Court for the Central District of California challenging the recently passed Measure B which makes it mandatory for adult actors to wear condoms while shooting adult films in LA County.
The complaint states that Measure B is unnecessary because of rigorous and effective self-regulation by the adult industry and that it imposes an unconstitutional system of prior restraint in violation of the First Amendment. Numerous provisions of Measure B are excessively vague and burdensome, and thus place an intolerable restriction on freedom of expression. The lawsuit also challenges the County’s jurisdiction to regulate adult production on performer health and safety.
The adult industry plaintiffs include adult production company Vivid Entertainment along with adult performers Kayden Kross and Logan Pierce. “Overturning this law is something I feel very passionate about. I believe the industry’s current testing system works well, said Steven Hirsch, founder/co-chairman of Vivid.
“Since 2004 over 300,000 explicit scenes have been filmed with zero HIV transmission. The new law makes no sense and it imposes a government licensing regime on making films that are protected by the Constitution. Measure B will have vast unintended consequences which may undermine industry efforts to protect the health of our actors and actresses.”
Attorneys Paul Cambria of Lipsitz Green Scime Cambria, Louis Sirkin of Santen Hughes, and Bob Corn-Revere of Davis Wright Tremaine are representing the plaintiffs. Mr. Cambria stated that this Law not only infringes on free expression but rather than protect performers as it currently does it will drive production overseas or off shore where no protection exists.
Personally this is interesting to me, for one, it will be interesting to see how the self regulation claims hold up against the data on the industry….while one might argue that our HIV rate is low HIV isn’t the only STD and it has been shown that others do run rampant in this biz. This industry has never done anything of any substance to police itself, if we had then we wouldn’t have to be filing this lawsuit.
As for it being a prior restraint on free speech, that one might actually have the most merit but I don’t see it, Permitting dancers for example is fairly commonplace and that has been ruled as “free speech” and as many have pointed out workplace safety does trump free speech in most cases, you do not have a “right” to give someone else a potentially life threatening disease, even if you don’t know you have it.
As for being vague….maybe but I expect that the court would deem that “must use a condom for vaginal and anal intercourse” doesn’t seem that vague. As for the burdensome part, well every business has to have health inspections and stuff similar so I don’t see any problems there.
Challenging the counties jurisdiction seems like a loser to me as well, counties certainly have the jurisdiction to enforce health codes in Georgia maybe Cali is different I dunno
It seems to me that the lawyers for the FSC are throwing everything they can think of against the wall to see if anything will stick, they have to get a judge to hear the case so the more reasons they can come up with the better their odds of one sticking.
To me the interesting thing about this was using Kayden Kross as a plaintiff, Kayden wasn’t active in any of the no on B stuff. She did go on Stossel a year ago and held her own but the people who worked the hardest like Alia Janine and Steven St Croix got panned. To me it shows a lack of confidence on the part of the FSC in those peoples ability to speak to the press (and the court) Steven admitting he had caught an STD in a public service spot was a bone headed move but I doubt he wrote the script for that. Its also odd because Kayden is in a rather rare position, part of her contract at Digital Playground is that she can pick who she wants to work with, and she has a very select “Yes List” most girls in porn do not have that option. For Kayden she doesn’t lose a payday, for most girls they would.
The one thing the FSC did right was not putting Jeffery Douglas on this. Lou Sirkin is among the best of the best and I would never discount his abilities in court should this actually be allowed to move forward.
As I have stated many times, the condom law is flawed and I don’t like it but I also dont like the idea that a performer can NOT choose to use a condom. When it comes down to it I ask myself would I want someone I love and care about to not have the ability to say, I know this guy has herpes and I want to use a condom if I have to work with him (or her for that matter).
And of course the larger question looms, with Porn Valley being in the sad state it is thanks to large piracy outfits like Manwin, is this even worth it? Most porn is online these days and is far removed from these regulations. DVD rentals have been in a tailspin for several years and the once highly profitable cable and PPV markets no longer pay nearly as well because the industry, in a constant bid to undercut the other guy has “whored” itself to the point that those markets aren’t the cash cow they once were. They do still keep companies like Vivid afloat, but does that market care about condom use? Indications are they don’t….look at how well Wicked does and they are an all condom company.