Porn producer sues to overturn L.A. condom requirement for actors

Adult film producer Vivid Entertainment is seeking to overturn the newly passed Los Angeles County ballot measure requiring porn performers to wear condoms during filming.

The lawsuit was filed in federal court Friday on behalf of Vivid, one of the nation’s most prominent adult film makers, along with two porn performers. The suit argues that the condom-porn measure violates the First Amendment protection of free expression. The ballot measure was passed with 57 percent of the vote in November.

The new ordinance “imposes an intolerable burden on the exercise of rights under the First Amendment,” the suit says.

The suit also says that the county measure is pre-empted by California state law and regulations.

Supporters of the condom requirement, led by the AIDS Healthcare Foundation, have said the regulation seeks to protect the health and safety of porn performers from HIV and other sexually transmitted disease, and does not seek to infringe on free speech rights. Supporters of a condom requirement have said filmmakers could digitally remove images of condoms from films. Porn producers say such a requirement would be cost prohibitive

The condom requirement became effective in December, but the county has not yet established a way to enforce the law.