AHF: Federal Court Finds Condoms in Porn Requirement Constitutional


U.S. District Judge Dean Pregerson denies three of the seven counts in pornographers’ lawsuit to block implementation of Measure B, the Los Angeles County Safer Sex in the Adult Film Industry Act, including the porn industry’s claim that requiring adult film actors to wear condoms is unconstitutional

Porn industry lawsuit also sought to remove ‘interveners’ defending Measure B—the five individuals connected with AHF who sponsored the measure who were previously granted status to defend the law, a motion which was denied in early August

LOS ANGELES (August 16, 2013)⎯A federal court judge in California has ruled that a requirement that porn actors wear condoms during the production of adult films is constitutional. The ruling came in an order issued late Friday by U.S. District Judge Dean Pregerson, U.S. District Court, Central District of California [Case No. 13-00190 DDP (AGRx)], in response to a ‘condoms in porn’ lawsuit the adult film industry brought against Los Angeles County officials seeking to block implementation of Measure B, the Los Angeles County Safer Sex in the Adult Film Industry Act. The porn industry claimed the law’s requirement for condom use was unconstitutional. In his ruling today, Judge Pregerson wrote:

“Because Plaintiffs’ [the porn industry’s] First Amendment claim regarding Measure B’s condom requirement is unlikely to succeed on the merits, the Court DENIES a preliminary injunction on that issue.” U.S District Court Ruling, Pages 26-27, lines 23-25 and 1-3

Measure B, which was sponsored by five individuals affiliated with AIDS Healthcare Foundation (AHF), passed last November with an overwhelming majority of L.A. County residents’ votes—57%. After the County defendants named in the porn industry’s lawsuit declined to defend Measure B’s constitutionality, the AHF-affiliated group sought and was granted ‘intervener’ status to defend the law from the industry’s claims. The porn industry then sought to have a group removed as ‘interveners,’ a motion which was denied in early August.

“Today’s ruling that requiring condoms in porn is constitutional is just a tremendous, tremendous victory, one that will go a long way to safeguard the health and safety of those adult performers working in the industry,” said AHF president Michael Weinstein, one of the five individuals affiliated with AHF who were the official proponents of Measure B.

In Judge Pregerson’s ruling today, he also wrote:

Interveners (AHF individuals) have presented evidence that the harms Measure B targets “are real, not merely conjectural, and that [Measure B] will in fact alleviate those harms in a direct and material way.” Page 27, lines 13-16

Plaintiffs (adult film industry), by contrast, have presented evidence from individuals in the adult film industry, but not in the public health or medical profession, who claim testing is so effective and universal that condoms are unnecessary. Page 28, lines 8-12

“Here, adult film actors must still use condoms. A permit is still required. Although the permit may not be modified, suspended, or revoked, fines and criminal charges may still be brought against offenders, as described in footnote 23. While administrative searches cannot occur, nothing prevents law enforcement from obtaining a warrant to enforce Measure B.”Page 33, lines 9-15