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On Election Day last year, voters in Los Angeles County approved a measure that requires actors in pornographic films to wear condoms while working. Now, lawyers for the adult entertainment industry are challenging the law.
NPR's Mandalit del Barco has this story about the issue and the new lawsuit.
MANDALIT DEL BARCO, BYLINE: In November, more than a million and a half voters in Los Angeles County passed the Safer Sex in the Adult Industry Act. Michael Weinstein heads the AIDS Healthcare Foundation, which sponsored the measure.
MICHAEL WEINSTEIN: The porn industry has been sending a very bad message in saying that the only kind of sex that's hot is unsafe.
DEL BARCO: Weinstein says the new law was meant to protect performers and those who watch the movies.
WEINSTEIN: I've been called a condom Nazi, so be it. I mean, the reality of the matter is the most effective method we have of preventing sexually transmitted disease are condoms. This lowly piece of latex, it's amazing that it's still so controversial.
DEL BARCO: But porn producers such as Steven Hirsch plan to argue in district court that the new law violates their First Amendment rights.
STEVEN HIRSCH: We do produce constitutionally protected material. We just don't believe that there's any compelling government interest to come in and take away our freedom of expression, considering the fact that over the last eight years, there have been over 300,000 adult scenes shot with not a single transmission of HIV.
DEL BARCO: Hirsch heads the production company Vivid Entertainment. He argues that viewers don't want to watch performers using the latex barrier devices; 12 years ago, when his company was condom-mandatory, he says sales dropped by 30 percent.
HIRSCH: Performers don't want it, the producers don't want it, and clearly, the fans don't want it.
DEL BARCO: Another plaintiff in the lawsuit, adult star Kayden Kross, says every performer she knows agrees that condoms are extremely irritating during shoots.
KAYDEN KROSS: We've had the right to use condoms. I did my first scene in 2006 with condoms, and that was the last scene I did with condoms because it was so uncomfortable.
DEL BARCO: Kross says, like her co-workers, she gets tested for sexually transmitted diseases regularly - in her case, every 15 days. She says before every shoot, they show their test results to the producers and to each other. Kross says they don't feel they need to be protected by a voter-mandated law.
KROSS: We eat organically and work out, and we take care of ourselves and take care of ourselves and take care of ourselves, and obviously an extension of that is making sure that we are sexually free of diseases at all times.
DEL BARCO: While the new law goes through the courts, L.A. County officials are struggling with how they might enforce it. So far, the county health department has sent letters asking producers to apply for special film permits. Actress Kross and producer Hirsch make fun of the idea of a condom unit policing every porn set. For the past few years, the state has been working with adult film producers on how to follow protocols.
DEBORAH GOLD: They could do simulation so that there wasn't any exposure, right, or they can use condoms.
DEL BARCO: Deborah Gold is the deputy chief for health and engineering services for Cal/OSHA, which regulates occupational safety and health for California.
GOLD: It's a requirement to use engineering and work practice controls to prevent this contact, and where the contact still exists, to use personal protective equipment.
DEL BARCO: Gold says her department will respond to complaints on porn shoots, but there are no spot inspections.
GOLD: We have to find the actual employer, so, you know, the name on the DVD box or the website, it may require a substantial investigation on our part to get down to who is the employer.
DEL BARCO: Vivid Entertainment's Steven Hirsch says production companies are not going to pay L.A. County for any special permits, and Kross says producers will go underground or move out of California rather than comply with any condom laws.
KROSS: Part of the culture of porn is, ah, we'll see if they catch us, which is terrible to say but also true. We're kind of like the renegade. We do what we want. We're the Wild West.
DEL BARCO: Attorneys for the pornography industry expect to move the case to the courts within the next month. Mandalit del Barco, NPR News.
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