Michael Weinstein: Porn Industry Can’t Regulate Itself

LOS ANGELES — from www.xbiz.com – The AIDS Healthcare Foundation, in its opposition to Vivid Entertainment’s motion for preliminary injunction over Measure B enforcement, claims that the adult entertainment industry can’t regulate itself and that voluntary compliance to protect against STI exposure has not been successful.

Granted intervenor status in Vivid’s suit against Los Angeles County, the AHF in a court filing this week pointed to news involving Mr. Marcus as one example of why Measure B enforcement shouldn’t be enjoined.

The AHF entered into evidence Exhibit I, which includes a CBS article on the sentencing of Mr. Marcus for knowingly exposing at least two adult performers to syphilis.

In a concurrent motion to the opposition to Vivid’s motion for preliminary injunction, the AHF asked the court to take judicial notice of the CBS article on Mr. Marcus, as well as other documents, including a letter from Cal/OSHA officials on the agency’s position over film permits for adult producers, copies of various state and county laws and ordinances and a letter from county Public Health Director Dr. Jonathan Fielding to each county supervisor regarding the adult film industry.

In its opposition to Vivid’s motion for preliminary injunction over Measure B enforcement, the AHF said that the voter-approved county ordinance does not regulate the content of films that may be shown in Los Angeles County.

“Therefore, there is no expressive harm stemming from Measure B,” the AHF said in the motion. “The only ‘harms’ from Measure B are the alleged monetary costs to a filmmaker in complying with Measure B and/or with moving his production outside of Los Angeles County. This ‘harm’ is far outweighed by the harms to the residents of Los Angeles County should Measure B be enjoined. Should Measure B be enjoined, an effective method of preventing STD infection also will be enjoined, which will have a deleterious impact on public health.

“Despite plaintiffs’ cavalier attitude that the current rate of STD infection is somehow acceptable the general public has an interest in the health of [city and county] residents and workers,” the AHF said. “A preliminary injunction of Measure B would absolutely have a negative impact on the public interest in its own health, and public health in general. Moreover, plaintiffs’ claimed attempts at ‘self regulation’ and ‘voluntary compliance’ to protect against STI exposure have not been successful.”

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