My good friends Paul Cambria of Lipsitz Green Scime Cambria, Louis Sirkin of Santen Hughes and Bob Corn-Revere of Davis Wright Tremaine filed an action today in California Federal court challenging Los Angeles County’s recent mandate requiring performers to wear condoms while shooting adult films in Los Angeles County, a.k.a. Measure B.
The industry argues tha numerous provisions of Measure B are excessively vague and burdensome, placing an intolerable restriction on freedom of expression. The lawsuit also challenges the county’s jurisdiction to regulate adult production on performer health and safety.
Last I checked, the government cannot regulate what consenting adults do in their bedrooms, or in front of a camera. I’m reminded of Justice Kennedy’s reaffirmation of the Constitution’s protection of privacy:
These matters, involving the most intimate and personal choices a person may make in a lifetime, choices central to personal dignity and autonomy, are central to the liberty protected by the Fourteenth Amendment. At the heart of liberty is the right to define one’s own concept of existence, of meaning, of the universe, and of the mystery of human life….The petitioners are entitled to respect for their private lives. The State cannot demean their existence or control their destiny by making their private sexual conduct a crime. Their right to liberty under the Due Process Clause gives them the full right to engage in their conduct without intervention of the government. ‘It is a promise of the Constitution that there is a realm of personal liberty which the government may not enter.’