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JUDGE REFUSES TO BLOCK CONDOM REQUIREMENT FOR ADULT FILM ACTORS

Adam Lee Nemann
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Trial and Defense Attorney, Adjunct Professor of Law at Capital University, founder of Nemann Law Offices

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8/19/2013
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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."



Category: Appeals


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