Vivid, AHF Reach Condom Settlement

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A settlement has been reached between Vivid Entertainment and AIDS Healthcare Foundation over a Los Angeles County law requiring mandatory use of condoms in adult films.

The Cahuenga Pass adult film production company and Hollywood-based advocacy group have a March 31 deadline to finalize the agreement, according to a story posted at XBiz, an adult industry news website.

Terms of the deal would need approval by the Los Angeles County Board of Supervisors, XBiz reported.

Attempts to reach a representative of AHF to confirm the XBiz story were not successful.

Vivid, one of the largest of the San Fernando Valley’s adult production companies, and performers Kayden Kross and Logan Pierce filed a lawsuit in federal court three years ago challenging the county law known as Measure B approved by voters in November 2012.

The suit set up a clash between the AHF, who took the stance it was protecting the health of adult performers by requiring condoms to prevent the spread of sexually transmitted diseases, and the adult industry that believes its testing protocols protect the health of performers.

In August 2013, U.S. District Court Judge Dean Pregerson rendered a split decision on Measure B but ultimately found that adult performers were required to use condoms. The case was taken to the 9th Circuit Court of Appeals in San Francisco which upheld in December 2014 the key findings of Pregerson’s decision but let stand the lower court ruling that some sections of the condom law were unconstitutional.

The case was still active in adjudicating whether the Vivid’s, Kross’ and Pierce’s First and Fourth Amendment rights were being violated by Measure B.

U.S. Magistrate Judge Alicia Rosenberg was told Jan. 21 that a settlement was reached between the parties and set the March 31 deadline.

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