From the Free Speech Coalition:
The complaint states that Measure B is unnecessary because of rigorous and effective self-regulation by the adult industry and that it imposes an unconstitutional system of prior restraint in violation of the First Amendment. Numerous provisions of Measure B are excessively vague and burdensome, and thus place an intolerable restriction on freedom of expression. The lawsuit also challenges the County’s jurisdiction to regulate adult production on performer health and safety.
Fear-based and founded on a high-concept lie (that the porn industry both encourages STDs and fails to treat them), the well-funded Yes on Measure B campaign passed—in my opinion—based solely on voter ignorance. If a pollster told you that the porn industry encouraged STDs, failed to treat them, and that the affected parties would then become an expensive medical burden on society, perhaps you would vote Yes, too.
(You would have been unwise to vote without doing your own research, though.)
As it was, Measure B passed with 57 percent of the vote, though I have no doubt that an impressive (for porn) public education campaign accounted for the not-insignificant, last-minute 43 percent opposition.
“I didn’t think to think about it,” a friend told me. “If I had been allowed to read your site at work, I would have changed my vote.”
That was just one liberal Too Little Too Late reaction. I talked with a Los Angeles Libertarian who was less touchy-feely about it.
“If they want to get AIDS and die,” he said, “it should be their choice.”
“But no one is getting AIDS on L.A. porn sets—” I said.
“It should be their choice,” he said.
The adult industry plaintiffs include adult production company Vivid Entertainment along with adult performers Kayden Kross and Logan Pierce. “Overturning this law is something I feel very passionate about. I believe the industry’s current testing system works well, said Steven Hirsch, founder/co-chairman of Vivid. “Since 2004 over 300,000 explicit scenes have been filmed with zero HIV transmission. The new law makes no sense and it imposes a government licensing regime on making films that are protected by the Constitution. Measure B will have vast unintended consequences which may undermine industry efforts to protect the health of our actors and actresses.”
Attorneys Paul Cambria of Lipsitz Green Scime Cambria, Louis Sirkin of Santen Hughes, and Bob Corn-Revere of Davis Wright Tremaine are representing the plaintiffs. Mr. Cambria stated that this Law not only infringes on free expression but rather than protect performers as it currently does it will drive production overseas or off shore where no protection exists.
In many cases, however, Measure B’s damage has already been done. At this month’s XBiz360 Conference, director John Stagliano told me he was going to shoot his “Voracious” followup in San Francisco, director Axel Braun said he was filming outside the city, and director Kevin Moore declared he had already pulled up stakes. And these are big directors, at least one of whom is especially wary of undue scrutiny.
Previously on Porn Valley Observed: Vote No on B—a special video; Outporning porn—Stagliano trial ended by virtue of incompetence
See also: Free Speech Coalition