The 9th Circuit Court of California announced today that it would decline to issue an injunction to stop the Measure B, the 2012 ballot measure which seeks mandate condoms in adult film produced in Los Angeles County. This latest decision is not a ruling on the constitutionality of Measure B, but rather a decision declining to enjoin the rest of the statute at this time. Previous courts have struck down the enforcement component of the law; this latest ruling does not change that decision.

“While this intermediate decision allows that condoms may be mandated, it doesn’t meant they should be,” said Diane Duke, CEO of the Free Speech Coalition. “We have spent the last two years fighting for the right of adult performers to make their own decisions about their bodies, and against the stigma against adult film performers embodied in the statute. Rather than protect adult performers, a condom mandate pushes a legal industry underground where workers are less safe. This is terrible policy that has been defeated in other legislative venues.”

Los Angeles County has seen a 95% drop in permits since the passage of Measure B, as adult film production has moved into neighboring counties, and out of state, most notably to Las Vegas.

Under standards enforced by the industry, in order to work, adult film performers must test every fourteen-days for a full-slate of STIs, including HIV. There has not been a transmission of HIV on a regulated adult film set in over a decade.

“This decision will hurt performers,” said Duke. “That’s why a broad coalition that includes doctors, public health advocates, performers and performers rights groups came together to defeat similar legislation this summer.“

Plaintiffs in the case are considering all options for moving forward and will make a decision in the coming weeks.

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