Porn industry gives in to the constitutionality of the Measure B condom requirement

via BusinessWire.com

AHF: Porn Producers Throw in the Towel on L.A.’s Measure B

throw towelLos Angeles County Supervisors vote to settle lawsuit brought by Vivid Entertainment & adult industry to block implementation of L.A. County’s Measure B, the 2012 ballot measure approved by 57% of Los Angeles County voters that requires actors in pornographic films to wear condoms.

Vivid & adult industry decline to continue with lawsuit; give in to constitutionality of condom requirement in adult films after U.S. Ninth District Court and the U.S. Ninth District Court of Appeals upheld Measure B. Both courts ruled that requiring condom use does not infringe on industry’s First Amendment rights.

LOS ANGELES–(BUSINESS WIRE)–AIDS Healthcare Foundation (AHF), the world’s largest AIDS organization, today noted that porn producers in the adult film industry, including Vivid Entertainment, have thrown in the towel on Measure B, the County of Los Angeles Safer Sex in the Adult Film Industry Act. The law, which Los Angeles County voters passed with an overwhelming margin of voter support (57% to 43%) in the November 2012 election, requires actors in pornographic films to wear condoms.

Both the U.S. Ninth District Court and the U.S. Ninth District Court of Appeals upheld Measure B.

“The porn industry has finally given in to the constitutionality of the condom requirement in adult films,” said AHF President Michael Weinstein. “After Measure B passed, Vivid’s Steve Hirsch and others in the industry sued Los Angeles County to block implementation and roll out of the law. However, both the U.S. Ninth District Court and the U.S. Ninth District Court of Appeals upheld Measure B, with each court ruling that requiring condom use in adult film productions does not infringe on the industry’s First Amendment rights. By declining to pursue their lawsuit any further, the porn industry has thrown in the towel on Measure B.”

After Vivid and the adult industry declined to continue with the lawsuit, the Los Angeles County Board of Supervisors voted earlier today to settle the lawsuit.

Los Angeles County voters first voted the “condoms in porn” measure into law November 2012. On January 10, 2013, the adult film industry sued to block implementation of Measure B.

The lawsuit—Case No. CV-13-00190 DDP (AGI)—was filed with Steve Hirsch’s Vivid Entertainment and California Productions as lead plaintiffs, and named 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 sought to block the law primarily on First Amendment challenges.

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