The 'silly season' is the term used in Britain to describe that stretch in late summer when there really isn't any news, leaving journalists scrambling to fill column inches. So, in the best traditions of the British press, a report on Vivid Entertainment LLC v Fielding, case CV13-00190 DDP (AGRx), an appeal filed by two makers of adult films and two Jane/John Doe plaintiffs-appellants known by their pornstar names, Kayden Kross and Logan Pierce. (Perhaps you'd recognise them if you saw them.)
The pressing subject of their appeal is the County of Los Angeles Safer Sex in the Adult Film Industry Act (commonly known as Measure B, after its place on a statewide referendum) which requires adult film-makers to obtain permits and performers in their productions to use condoms during the filming of certain acts. Compliance with Measure B is monitored by inspectors from the health department. The appellants contend (amongst other claims) that Measure B has unduly restricted their business and, er, professional activities; is pre-empted by state law; restricts First Amendment rights of free expression; violates due process rights under the Fourteenth Amendment; and is too vaguely worded to be enforceable. A motion to dismiss the appeal was granted in part and denied in part by the District Court for the Central District of California on 19 August, as has the plaintiffs' motion for a preliminary injunction to suspend the application of Measure B. Stay tuned.
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