Thoughts Over The Morning’s Coffee: Judge Pregerson to Diane Duke: “Sorry, I’m Not Buying The Brooklyn Bridge”

I read the XBiz report as I’m sure you have on what happened with Measure B Friday. I swear. By the time I got through the article with its carefully selected quotes favorable to porn, I thought the industry had won. XBiz calls it a “mixed ruling”. Sounds to me like the industry has to wear jimmy hats, so I don’t know what’s so mixed about that.

Then I went to the LA Times to reassure myself that, yeah, the industry has to wear jimmy hats. In the legal mumbo jumbo and folderol, several statements jump off the page.

The ruling judge Dean Pregerson [pictured] said:

“Interveners (AHF individuals) have presented evidence that the harms Measure B targets ‘are real, not merely conjectural, and that [Measure B] will in fact alleviate those harms in a direct and material way.’

I took this to mean that HIV, syphilis and HEP C are real health concerns.

Then Pregerson adds: “Adult film actors must still use condoms. A permit is still required. Although the permit may not be modified, suspended, or revoked, fines and criminal charges may still be brought against offenders, as described in footnote 23. While administrative searches cannot occur, nothing prevents law enforcement from obtaining a warrant to enforce Measure B.”

Not privy to footnote 23 I assume that Porno Dan needn’t worry so much the next time his stoolie decides to call the cops because somebody’s going to be bogged down by paperwork and everyone’s going to think twice before playing gang busters. Oh, by the way, you have to make Derek Hay wear condoms for those $500 surprise scenes.

But the part I really like is Pregerson telling the industry it’s full of doggie foo-foo about its ability to police itself. Which we’ve all seen examples of the last two weeks.

Pregerson states: “Plaintiffs (adult film industry), by contrast, have presented evidence from individuals in the adult film industry, but not in the public health or medical profession, who claim testing is so effective and universal that condoms are unnecessary.”

Basically Pregerson is saying that ol’ madame Curie [Diane Duke], Kayden Kross [whose name was on the suit] and company are blowing it out their butts and can’t prove their outlandish health and safety claims.

I also get the impression that the industry approached this lawsuit in the same haphazard way it fought Measure B, and hence, why you now have to wear condoms.

According to Pregerson, what was needed was something a little more authoritative – like maybe a real doctor or health professional swearing on a stack of bibles that Mr. Marcus is a swell guy [like Duke did last year if you’ll recall]. But I doubt there’s anybody crazy enough to back Duke’s story at this point.

Which gets back to Rob Black’s argument that this business has no business being in the testing business.

Pregerson clearly saw through the industry’s veneer and The First Amendment fairy tale attorney Paul Cambria was spinning, and while the court will re-convene to settle issues pertaining to the minutiae of fines, etc. it sounds pretty official.

I’m just dying to read the Kernes account which I’m sure will include the gratuitous mention of haz-mat suits, dental dams and other superfluous fear tactics.

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