Porn Industry Threatens to Sue Over L.A. County Law Requiring Condoms

Voters want actors in adult films to wear condoms, but the industry is threatening to sue and shift production elsewhere.

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Voters want actors in adult films to wear condoms, but the industry is threatening to sue and shift production elsewhere.

Nearly 56% of Los Angeles County voters approved the Safer Sex in the Adult Film Industry Act, which would require actors in pornographic films to wear condoms in order to prevent the spread of sexually transmitted diseases and HIV, but enforcing the ballot measure remains a hurdle.

Under the initiative, sponsored by the AIDS Healthcare Foundation, porn producers would have to obtain a public-health permit from the Los Angeles County Department of Public Health in order to shoot adult films. A majority of the U.S. adult-film industry is in the San Fernando Valley in the county. Actors would be required to wear condoms during anal and vaginal sex scenes, and violators would be subject to civil fines, including potential criminal misdemeanor charges. The permit fee would pay for the enforcement, which ideally would involve nurses or others making routine inspections just as restaurants undergo routine health inspections, according to AIDS Healthcare Foundation spokesperson Ged Kenslea.

(MORE: L.A. City Council Wants to Require Condoms on Porn Sets)

Kenslea said that Measure B, as the ballot initiative is known, is “fairly straightforward” and a “prudent” public-health measure, arguing its approval may be a message from people who watch porn. “The majority of voters who passed [this measure] into law are not only voters but also they are customers or they are potential customers.”

To justify the law, advocates for safer sex in the industry cite past HIV scares in 2004 and 2010 that temporarily halted adult-film production in L.A., as well as a syphilis outbreak in August 2012. A week before the election, a study of 168 adult-film actors conducted by public-health experts revealed that L.A. porn actors have a higher rate of STDs than Nevada prostitutes, who are required by state law to use condoms and get tested weekly for sexually transmitted diseases. Measure B has also received the endorsements of the American Medical Association and the American Public Health Association.

The newly approved legislation essentially extends to the entire county the existing city ordinance that Los Angeles Mayor Antonio Villaraigosa signed into law in January. In what may be a harbinger of conflict to come, however, the city has yet to enforce it. Eight months after the mayor’s decision, LA Weekly reported that “it will take 90 days to hire an inspector who would check out porn sets.” Following passage of Measure B, the Los Angeles County Department of Public Health said in a statement that it was “in the process” of determining how to regulate the countywide requirement.

Leading up to the vote, the Los Angeles Times‘ editorial board urged the county’s voters to reject the “unenforceable” law, arguing that it was “well intentioned” but that too many film companies would ignore the measure, and valuable county-government resources would be spent trying to track down elusive film shoots violating the policy:

Off-the-books shoots would continue, with producers naming their companies, hiring crew and performers, erecting sets, concluding filming and reorganizing for the next shoot under a new name long before county health officials learn of a production that needs a permit or a set that needs inspection.

Porn filmmakers claim that people will not pay to watch sex with condoms and insist they already have an effective system for protecting actors against STDs — regular testing for the diseases every 28 days. Industry medical consultants claimed to the New York Times that 350,000 sex scenes have been shot without condoms since 2004 without a single case of HIV transmission on set.

(MORE: L.A. Mayor Signs Law Requiring Condoms in Porn Films)

The Free Speech Coalition, an adult-film-industry trade association, says it will challenge Measure B in court as “unconstitutional,” a violation of the First Amendment, and would not hesitate to move the production companies out of Los Angeles county as soon as possible. Larry Flynt, the publisher of Hustler magazine, echoed that idea to Bloomberg News: “We’ll simply shoot in Hawaii, Mexico or the desert. We’ll fly to Cabo for a week or 10 days. It’s not a big deal.”

In fact, it’s not the porn-production companies that are anxious so much as other businesses in L.A. that benefit from the filming that worry that Measure B will hurt the local economy. The Valley Industry and Commerce Association, the largest business-advocacy organization in the San Fernando Valley, where 90% of U.S. porn films are made, opposes the measure because adult films are worth more than $1 billion and employ roughly 10,000 people, meaning thousands of jobs may be lost as a result.

At an anti–Measure B rally in North Hollywood, veteran adult-film actress Amber Lynn told the Pasadena Star News, “The idea of allowing a government employee to come and examine our genitalia while we’re on set is atrocious.”

James Deen, a porn star and another opponent of Measure B, told the Huffington Post:

I am disappointed. Not particularly about the law but about my community of adult entertainers being continually bullied and used by others … Hopefully this measure passing will help us get more organized in the future and that, along with Los Angeles losing our business, will allow people in politics to start seeing us as an asset.

Steven Hirsch, founder of Vivid Entertainment, a major adult-film production company, vowed to the Los Angeles Times, “Pornography has been around since the time of the caveman. We’re not going anywhere.” And as awareness of sexually transmitted diseases like HIV continues to expand, it’s also likely that calls for protecting actors in the adult-film industry are here to stay as well, wherever the films are made.

MORE: Positive HIV Result Threatens Porn Industry Shutdown