“The idea of allowing a government employee to come and examine our genitalia while we’re on set is atrocious,” says porn star Amber Lynn. According to Steven Hirsch, Vivid’s founder and co-chairman, “Overturning this law is something I feel very passionate about. I believe the industry’s current testing system works well. 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.” And then there’s the issue of what the viewers want to see. Many porn industry insiders claim the majority of porn viewers don’t want to see condoms being used. And it’s a very real possibility (perhaps even a certainty) that if the law is not struck down, the hundreds of porn producers operating in Los Angeles County will pick up shop and move their multi-million dollar chunk of the porn industry somewhere with more smut-friendly laws. An estimated 10,000 or so jobs could be displaced, resulting in quite the unintended consequence for Los Angeles County (assuming the intended consequence was not to run the industry out of town).
This is essentially 56% telling 0.1% how they can have sex. It smacks of fundamental unfairness and serves no legitimate purpose. If, for example, it were the case that porn stars were being fraudulently duped by the production houses into having sex with people they were told are clean (when, in fact, they are disease-ridden), then a law saying it is unlawful to fraudulently dupe someone like that would be completely appropriate. But wait, we already have laws on the books for fraud, including that version of fraud and many other forms of it. Measure B is a money generating, power grabbing, control freak driven law that should be struck down as an impermissible restriction of how free peoples can have sex. The fact that they are being videoed and paid should be irrelevant to this fundamental freedom analysis.
This case should be a fun one to track…stay tuned.