Citing an HIV positive test for a performer in May of that year, the Los Angeles County Board of Supervisors sought to find a sponsor for a bill to mandate condom use in adult films.
Opponents include porn performers Kayden Kross, Ava Addams, Ron Jeremy, Tera Patrick and Tanya Tate.
[14] Tate was quoted in a San Fernando Valley Business Journal article to the effect that she would want whomever she decided to have sex with "to get tested until I felt comfortable to sleep with them without a condom," adding that AIDS Healthcare Foundation president Michael Weinstein (who the article was about), "should be spending money on treating [AIDS] and educating regular people about how to protect themselves instead of going after a small community that is aware of the risks.
"[14][irrelevant citation] Pornographic actress Nina Hartley, who has a degree in nursing, said: "Shooting scenes with condoms are noticeably more uncomfortable."
[18] In her first column for the OC Weekly, performer Tasha Reign reiterated Hartley and Stoya's comments regarding the impracticality of imposing condoms on the industry.
Of course, due to the lack of respect towards the adult business and blatant disregard from society regarding the sexual comfort or even opinions of female performers, none of this mattered.
[22] In November 2013, Diane Duke, executive director of industry trade group Free Speech Coalition, said, "Fewer people are shooting (adult film) in L.A. County, and some have moved to other areas around California or other states...".
[23] Two months later, The Verge reported, "in the midst of rampant piracy on top of Measure B, many studios have relocated to Las Vegas, where filmmaking is cheaper and regulations are more lax.
[22] According to commentary by AVN magazine's political analyst Mark Kernes, the author of the Sun article, Andrea Domanick, "manages to make a few good points—and snags some quotes from Kink.com CEO Peter Acworth".
[28] The article also mentions the ease of production relative to California by stating that Nevada requires film permits only for specific locations and conditions.
"[22] In December, after the ruling of the Ninth Circuit Court of Appeals regarding the measure, it was announced that applications for permits for pornographic productions has reduced by 95%.
[30] Like its failed predecessor, AB640 in 2013 (also introduced by Hall),[31] the bill is a statewide version of Measure B that affects Los Angeles County only and makes it a criminal offense to violate its provisions.
In June five adult actresses met with Hall's district director, Heather Hutt, at the legislator's office on Artesia Boulevard in Compton and presented 650 signed petitions asking that the Assemblyman withdraw his "condoms in porn" bill.
At the meeting with Hutt were adult film actresses Nina Hartley, Alex Chance and Anikka Albrite, along with industry newcomers Mia Li and Charli Piper and Michael Stabile, a publicist who has been working with Free Speech Coalition (FSC) and Kink.com on the issue.
Actress Nina Hartley countered that although Measure B and AB 1576 were written by policy makers at AIDS Healthcare Foundation, the AHF had yet to open a clinic in Compton which has one of the highest HIV infection rates in Los Angeles County.
[35] In January 2013, Universal City-based Vivid Entertainment filed a lawsuit against the Los Angeles County health department saying that the measure violated actors' rights to free speech and expression.
[36] Judge Pregerson agreed that some of the provisions and language of measure were too vague and did not sufficiently explain condom use when other sex acts were being filmed.
Vivid Entertainment founder and co-chairman Steven Hirsch said in a statement that he is pleased with the decision regarding the enforcement questions, but plans to appeal the part of the ruling that upholds the measure.
According to AVN magazine legal analyst Mark Kernes this position ignores "the fact that historically, every company that has adopted a mandatory condom policy has experienced a drop in sales, which translates to a decreased ability to have its message seen by the public.
"[39] Regarding the ruling, Diane Duke, CEO of the Free Speech Coalition, stated,[40] While this intermediate decision allows that condoms may be mandated, it doesn't mean they should be.
This is terrible policy that has been defeated in other legislative venues.AHF president Michael Weinstein stated,[41] Today's ruling is a total vindication of AHF's position.
Now it's time to do what fifty-seven percent of Los Angeles County voters have asked of the industry—and what the courts have upheld as constitutional.He further stated that he hoped the adult entertainment industry will continue to appeal, taking the case to the U.S. Supreme Court, for a final and definitive ruling, however, on September 5, 2016, the Los Angeles County Board of Supervisors voted to settle the case against Vivid.