First Amendment

Judge refuses to block condom requirement for adult film actors

A Los Angeles County law requiring adult film actors to wear condoms is likely to survive a First Amendment challenge, a federal judge has ruled.

U.S. District Judge Dean Pregerson refused to issue a preliminary injunction to block the condom requirement in a decision (PDF) issued on Friday, the Los Angeles Daily News reports. Pregerson said the measure is aimed at protecting the health of porn actors, who have a high rate of diagnosed sexually transmitted diseases.

The law, known as Measure B, was passed in a November 2012 referendum. It requires adult film producers to pay a fee and obtain a permit. The law also allows health inspectors to visit any adult filming location without notice, and to look at the private property or documents of any person there when a violation is suspected.

Pregerson did block other parts of the measure in the mixed ruling, including the provision allowing administrative searches. “Given that adult filming could occur almost anywhere, Measure B would seem to authorize a health officer to enter and search any part of a private home in the middle of the night, because he suspects violations are occurring,” Pregerson wrote. “This is unconstitutional because it is akin to a general warrant.”

“While administrative searches cannot occur,” he wrote, “nothing prevents law enforcement from obtaining a warrant to enforce Measure B.”

Hat tip to How Appealing.

Untitled Document

We welcome your comments, but please adhere to our comment policy and the ABA Code of Conduct.

Commenting is not available in this channel entry.