L.A. County Supervisors OK Settlement Over Measure B Suit

L.A. County Supervisors OK Settlement Over Measure B Suit

LOS ANGELES — Los Angeles County officials yesterday signed off on a settlement with Vivid Entertainment, which challenged in a federal lawsuit the constitutionality of the Measure B requirement for porn performers to wear condoms.

The settlement was announced by the Los Angeles County Board of Supervisors following a closed-door session of the board during their weekly Tuesday meeting, according to City News Service.

The suit was initiated after Vivid Entertainment sought to block implementation of the county’s 2012 Measure B ballot measure that was eventually approved by 56 percent of voters.

With Measure B, adult filmmakers with productions in Los Angeles must require the use of condoms in all vaginal and anal sex scenes. The law goes further, requiring producers to obtain a health permit prior to production and to post the permit and a notice to performers regarding condom use during production.

Vivid Entertainment had argued that Measure B, formally called “County of Los Angeles Safer Sex in the Adult Film Industry,” violated First Amendment rights and was unnecessary in an industry that already has protocols in place to protect its performers from STI transmission.

The AIDS Healthcare Foundation acted as intervenors in the suit, insisting that the protocols weren’t enough.

U.S. District Judge Dean Pregerson struck down portions of the law, including a $2,000 to $2,500 permit fee, but upheld the constitutionality of requiring condoms in adult films and any fee that was “revenue neutral” to cover enforcement costs. He denied Vivid Entertainment’s motion for a preliminary injunction.

Vivid Entertainment appealed Pregerson’s ruling that upheld the measure, and in December 2014 the 9th U.S. Circuit Court of Appeals affirmed the federal jurist’s order denying a motion to overturn the ordinance.

The 9th Circuit, however, held that Pregerson did not abuse his discretion in declining to enjoin the enforcement of Measure B’s condom mandate.

Yesterday, county supervisors did not offer any details of the settlement; however, the AIDS Healthcare Foundation’s president, Michael Weinstein, earlier told XBIZ that the agreement means Vivid will no longer legally challenge the constitutionality of Measure B; that AHF and the county will not challenge the parts of the decision that limit inspections; and that the county will do a study to determine what the fee for the health permit should be.

Industry attorney Paul Cambria, who is litigating the case on behalf of Vivid Entertainment, did not confirm or deny Weinstein’s assertion to the settlement because court papers haven’t been signed over the accord. But he said that the studio will offer a statement soon on the matter.

“When all parties have signed we will explain what the status of the litigation and [what] the law is,” he told XBIZ.

Pregerson, who is presiding over the suit, is slated to sign off on a settlement between the parties within 30 days.

Weinstein, in a statement last night, said that “by declining to pursue their lawsuit any further, the porn industry has thrown in the towel on Measure B.”

However, Eric Paul Leue, the adult trade group Free Speech Coalition's executive director, said that Weinstein's statement was disingenuous.

"The settlement has not yet been signed by all parties involved," Leue told XBIZ. "AHF's press release is, as always, premature and sensationalistic. The industry is far from having 'thrown in the towel' and we commend Vivid for having fought such a successful fight."

Last month, the adult industry scored a big victory over new condom and bloodborne pathogens requirements, created and advocated by the AHF, that were weighed by the state Occupational Safety and Health’s Standards Board in Oakland, Calif., in front of more than 100 performers who trekked up to the Bay Area to add their voices to the five-hour discussion.

By a 3-2 vote (four votes were needed for it to pass) the Standards Board chose to not move forward with the proposed § 5193.1 (California’s Code of Regulations) that not only required condoms for all filmed sex but also "barrier protection for eyes, skin, mouth and mucous membranes."

But after the Oakland victory, the AHF drafted and submitted another plan to the Standards Board, which plans to review it and report its direction over it within six months.

In the direct eye of another battle, the adult industry has its radar on one more existential threat — the AHF’s California porn-condom voter initiative, which cost the organization a reported $1.5 million to be placed on the statewide ballot.

If California voters approve, the proposal would require performers in adult films to use condoms during shoots and require producers to pay for performer vaccinations, testing and medical examinations related to STIs.

The ballot proposal also forces producers to obtain state health license at beginning of filming and to post condom requirements at film sites.

For violations, the ballot proposal also imposes liability on producers, distributors, performers if they have a financial interest in the violating film, and on talent agents who knowingly refer performers to noncomplying producers.

Related:  

Copyright © 2026 Adnet Media. All Rights Reserved. XBIZ is a trademark of Adnet Media.
Reproduction in whole or in part in any form or medium without express written permission is prohibited.

More News

2026 XBIZ LA Conference Schedule Announced

XBIZ is pleased to announce the release of the full show schedule for the XBIZ 2026 conference, set to take place Jan. 12-15 at the Kimpton Everly Hotel in Hollywood.

Needemand Joins ASACP as Corporate Sponsor

French startup company Needemand has signed on as the latest corporate sponsor for Association of Sites Advocating Child Protection (ASACP).

Grooby Kicks Off 30th Anniversary With Aubrey Kate Return

Two-time XMAs Trans Performer of the Year Aubrey Kate returns to Grooby for the first time since 2017, starring alongside Chris Epic to mark the commencement of the studio’s 30th anniversary year.

Octavia Red Stars in 'No Need for Men' From Futanari XXX

Octavia Red stars with Ava Amira in “No Need for Men Pt. 1,” from Futanari XXX, directed by studio honcho Romero.

Sofie Marie Fronts Latest From MYLF

Sofie Marie stars with Gunnar Bishop in the latest release from MYLF.

Penny Barber Stars in Latest Episode of 'Mommy's Boy'

Reigning XMAs MILF Performer of the Year Penny Barber stars with Emma Rosie and Axel Haze in the latest episode of Adult Time series “Mommy’s Boy,” titled “A Family That Nudes Together, Stays Together.”

Utah State Legislator Proposes New 'Porn Tax'

A Utah state senator introduced a bill on Monday that would impose a 7% tax on the gross receipts of adult websites doing business in that state, plus require adult sites to pay an annual $500 fee.

'Fan Fav' XMA Award Categories to Be Presented at X3 Expo

In a move sure to electrify fans and creators alike, fan passion will take center stage Saturday, Jan. 17, when the winners of the 2026 XMA Fan Favorite categories are revealed, transforming the closing night of X3 Expo into the event’s most buzzworthy moment.

Sophia Locke, Max Fills Star in Latest From New Sensations

Sophia Locke and multi-XMAs winner Max Fills star in the latest release from New Sensations.

Angel Windell, Cherry Candle Topline Latest 'Lesbian Love Stories'

Angel Windell and Cherry Candle headline the 11th volume of "Lesbian Love Stories" from Girlfriends Films.

Show More