United States Ninth Circuit

Denial of plaintiffs' motion to enjoin the voter-initiated Safer Sex in the Adult Film Industry Act (alternatively, Measure B), which imposes a permitting system and additional production obligations on makers of adult films including a requirement that performers wear condoms in certain contexts, is affirmed, where: 1) the invalid portions of Measure B were severable; 2) the condom mandate survives intermediate scrutiny because it has only a de minims effect on expression, is narrowly tailored to achieved the substantial government interest of reducing the rate of sexually transmitted infections, and leaves open adequate alternative means of expression; and 3) Measure B's requirements that adult film producers complete training about blood-borne pathogens and post a permit during shooting also serves the interest of preventing sexually transmitted infections.

Appellate Information

• Decided 12/15/2014
• Published 12/15/2014

Judges

• Graber

Court

• United States Ninth Circuit

Counsel