Assemblyman Applauds Ruling on Condom Law for Porn Industry

The judge's ruling on Measure B "reaffirms my long-held belief and the opinion of an overwhelming majority of Los Angeles County voters that a safe workplace is not only constitutional, it is good for the industry, good for workers and good for the public's health," Assemblyman Isadore Hall III said.

Hall, D-Los Angeles, is the author of AB 332, which would require adult filmmakers to test frequently for sexually transmitted diseases, provide hepatitis B vaccinations and have information and training on health and safety on hand.

"This measure was temporarily held while the federal courts addressed the question of constitutionality," the assemblyman said. "The court's ruling has put the question of constitutionality to rest. With only a few weeks left of the legislative session, I am committed to working with legislative leaders and the governor to move forward with legislation that will protect adult film workers throughout California."

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 invalidate the county's Safer Sex in the Adult Film Industry Act.

The measure, which passed with 57 percent of the vote last November, 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.

In a mixed ruling, U.S. District Judge Dean D. Pregerson determined that adult film performers must use condoms, and that criminal charges can be brought against violators.

However, he found that certain provisions of the measure gave the county health department too much discretion in denying film permits. He also said the language of the law is overly broad regarding disease prevention on adult film sets.

"The department is given no guidance as to what types of diseases or what types of transmission methods applies," Pregerson wrote. "Indeed (it) would seem to authorize revoking a permit if a cameraman were working with a cold."

The judge also found that enforcement of Measure B violated the Fourth Amendment because it gave the county the power to "enter and inspect any location" where adult filming is taking place.