Lawsuit over Measure B Looms
YNOT – A group of adult industry leaders is preparing a legal challenge to Los Angeles County’s new condoms-in-porn mandate, Measure B. Voters approved the local ordinance Nov. 6. The law requires the use of barrier protection devices on all adult film sets and institutes new permitting and inspection procedures that are projected to increase costs for L.A. County taxpayers and the adult film industry.
“The industry has organized a team of highly respected attorneys to protect our First Amendment rights,” said Steven Hirsch, founder and co-chairman of Los Angeles-based Vivid Entertainment. “I am confident that we will prevail and ultimately save LA County millions of dollars as well as save thousands of jobs. As an industry, we are united in this effort and look forward to our day in court.”
Industry attorneys Paul Cambria of Lipsitz Green Scime Cambria, Louis Sirkin of Santen Hughes, and Bob Corn-Revere of Davis Wright Tremaine will represent the industry in the U.S. District Court for the Central District of California.
The attorneys plan to question whether the county has jurisdiction to regulate adult production or performer health and safety, as these issues typically fall under the state’s Division of Occupational Safety and Health, better known as Cal/OSHA.
Additionally, attorneys said, Measure B presents constitutional issues.
“This law will waste taxpayer dollars and compromise the effective performer health protocols already in place,” said Diane Duke, chief executive officer for adult industry trade association Free Speech Coalition, which is helping to coordinate the litigation. We are making a broad appeal for donations: to consumers to protect the content they enjoy; to performers to protect their right to perform without the absurd regulation that will require them to wear a virtual hazmat suit; to producers and directors who face jail time for any noncompliance with this ill-conceived law; and finally, to anyone who opposes government overreach and government waste.”
Duke said Los Angeles-based AIDS Healthcare Foundation, a mainstream charity whose charter indicates its mission is to provide assistance to those living with HIV/AIDS, created Measure B and financed the item’s inclusion on the November ballot. In addition, the foundation financed the creation and distribution of a media campaign to convince taxpayers to pass the measure. The organization doesn’t intend to stop its anti-porn crusade at the L.A. County border, she added.
“AHF has threatened to replicate this effort nationwide,” Duke said. “We have to stop them in their tracks.”
Donations to the Measure B lawsuit fund may be sent to FSC-Measure B Litigation, P.O. Box 10480, Canoga Park, Calif. 91309. An online donation form has been set up at FreeSpeechCoalition.com. Duke said 100 percent of donations received will go to the litigation.