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Adult Entertainment Industry Asks Judge to Invalidate Condom Measure

Measure B, which was on the L.A. County November ballot, requires condoms to be used in adult movies. | Photo: Rosa Trieu for Neon Tommy/Flickr/Creative Commons License

Adult filmmakers and actors in Los Angeles are arguing that the county law requiring porn actors to wear condoms on film shoots is unconstitutional and should be invalidated, according to court papers obtained today.

Vivid Entertainment and porn actors Kayden Kross and Logan Pierce filed suit in January in U.S. District Court in Los Angeles in an effort to overturn the county's Safer Sex in the Adult Film Industry Act.

In new court filings, attorneys for Vivid argue that Measure B puts an "intolerable burden" on the right to free expression and is thus unconstitutional.

A request for comment left with county attorneys after regular office hours was not immediately returned.

The plaintiffs also contend that the county ordinance is needless since the industry already regulates itself against disease.

Vivid's attorneys have asked the judge to grant a preliminary injunction to halt enforcement of the law.

U.S. District Judge Dean D. Pregerson set a hearing in the matter for May 6.

The measure, which passed with a 57 percent margin of voter support in the November election, requires producers of adult films to obtain a public health permit from the county, follow all health and safety laws, including condom use, and pay a permit fee to cover enforcement of the law.

The porn industry also maintains that the measure could end up driving production overseas, where no protections exist.

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