LOS ANGELES (CNS) — The Board of Supervisors voted unanimously to settle a lawsuit brought by Vivid Entertainment challenging the constitutionality of a requirement for porn actors to wear condoms.
The agreement to settle was announced following a closed-door session of the board. No details were offered, pending agreement by all parties.
Vivid, a Los Angeles-based company, had sought to overturn the ordinance stemming from a 2012 ballot initiative, Measure B, the Safer Sex in the Adult Film Industry Act.
After 56 percent of voters approved the measure, county officials moved to require porn producers to obtain a permit and mandate the use of condoms.
Vivid argued in its suit that the requirement violated First Amendment rights and was unnecessary as the industry already has strict requirements in place to protect its performers, including regular testing for sexually transmitted diseases.
The industry standards were not strict enough, said AIDS Healthcare Foundation, which championed Measure B, ultimately leaving the county little choice but to enforce it.
In January, AHF, also a defendant to the suit, said it had reached
agreement with Vivid to drop its challenge in exchange for the county agreeing not to deny permits based on poor compliance with the condom requirement and a non-punitive fee structure, according to AHF president Michael Weinstein.
In February, the state Division of Occupational Safety and Health’s Standards Board voted down a measure that would have required adult film actors to wear condoms.
Industry representatives said such a measure would either destroy their multibillion-dollar industry or force it underground.