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AHF: Porn Industry's Silly Spin on Condom Court Decision

In an effort to spin a victory from the ashes of defeat, the porn press is trying to say that the federal court decision on condoms in porn was a wash, says the AHF. The theory is that the restrictions placed on enforcement negate the importance of the fact that the court decided that requiring condoms to be used in porn is constitutional. And, that's why porn has already announced their decision to appeal. No one appeals a victory.

According to the AHF, here is the scorecard on porn's arguments:

1. The entire underpinning of porn's case was the fact that Measure B, Cal/OSHA or any other authority regulating unsafe sex in porn was an unconstitutional infringement on the right of free speech. LOSS.

2. Porn maintained that voluntary testing is a sufficient method of preventing STDs in the industry. LOSS.

3. Plaintiffs said that the initiative proponents and the ballot committee funded by AHF did not have standing in the case. LOSS

4. Voters had no right to pass Measure B because it had constitutional implications. LOSS.

5. County may charge a fee for a health permit. LOSS

6. County may get a warrant to inspect a porn film site. LOSS

7. County is permitted to levy fines and criminal charges against violators. LOSS.

8. If any part of Measure B is invalidated the whole thing must be thrown out and is not severable. LOSS.

9. Terms like "commercial purposes" are too vague to be understood. LOSS.

10. County has not shown that the current fee is based on cost of administering fee and not a tax on expression. This can be cured by the County doing a fee study. TIE

11. Measure B cannot require a health permit as a condition for a film to be made and cannot revoke the permit and stop filming when there is a violation. WIN.

12. Description of who must get a permit is too broad and includes activities that don't require a condom. WIN.

13. County cannot inspect a film site at will based upon suspicion of a violation of Measure B. WIN.

Score: Condom proponents 9 vs. Pornographers 3

Some commentators have said that the court's decision will make it harder for the County to enforce Measure B. Basically, the spin is "Don't worry, guys. Even though the law is valid, they still won't catch you." This is wishful thinking. If the County is serious in enforcing the law they have plenty of tools. In addition, they can perfect Measure B through adopting new guidelines that cure some of the issues that the court objected to like the cost basis for the fee and giving prior notice of inspections.

At the end of the day the evidence is on tape. Cal/OSHA has successfully used the tape evidence as a basis to investigate, cite and fine porn producers.

For more information, visit www.aidshealth.org

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