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from www.dailynews.com – A federal court judge delivered a mixed ruling to the adult film industry late Friday, saying that while making actors wear condoms during porn shoots doesn’t violate the First Amendment, enforcing such a law raises constitutional questions.

In his 34-page ruling, U.S. District Judge Dean Pregerson denied the adult film industry’s motion for a preliminary injunction against Measure B, a Los Angeles County voter approved ordinance which passed in November.

Pregerson said data provided by the Los Angeles County Department of Public Health regarding sexually transmitted diseases and the adult film industry provide evidence that condoms on set would be a health benefit.

The data found that since 2004, the health department received reports of 2,396 cases of chlamydia, 1,389 cases of gonorrhea, and five syphilis cases among adult film performers.

“Because Plaintiffs’ First Amendment claim regarding Measure B’s condom requirement is unlikely to succeed on the merits, the Court denies a preliminary injunction on that issue,” Pregerson wrote.

Measure B requires adult film studios to apply for public health permits and for the county Department of Public Health to lead inspection and enforcement efforts. AIDS Healthcare Foundation introduced and supported Measure B, which supporters say will prevent sexually transmitted diseases from spreading from within the industry to the mainstream. Studios that violate the law and do not apply for permits or require condoms could face civil fines and criminal charges.

But the industry largely opposed the measure, saying self-regulation and testing is effective. Universal City-based Vivid Entertainment filed a lawsuit against the county health department in January, saying Measure B violated actors’ rights to free speech and expression.

Pregerson agreed with the industry that some of the provisions and language of Measure B were too vague, and did not go far enough to explain condom use when other sex acts were being filmed. He also questioned the manner of inspections to be conducted, and agreed with the industry that their rights could be violated.

“Given that adult filming could occur almost anywhere, Measure B would seem to authorize a health officer to enter and search any part of a private home in the middle of the night, because he suspects violations are occurring. This is unconstitutional because it is akin to a general warrant,” Pregerson wrote.

Vivid founder and co-chairman Steven Hirsch said in a statement that while he is pleased with the decision regarding the enforcement questions, Vivid plans to appeal the part of the ruling that upholds the measure.

“We won most everything we sought to be determined unconstitutional with Measure B. We are, however, disappointed the Court found it necessary to rewrite a portion of the Measure in order to salvage a small portion of the measure and refused, at this time, to accept the adult industry’s own regulations by imposing an unfunded mandate upon the County by AHF,” he said. “We continue to believe this unfunded mandate infringes upon our freedom of speech and we will continue our fight by filing an immediate appeal to this portion of the court’s ruling.”

But AIDS Healthcare Foundation, which supported Measure B and intervened for the Los Angeles County Department of Public Health, viewed Preperson’s ruling as a victory.

“Today’s ruling that requiring condoms in porn is constitutional is just a tremendous, tremendous victory, one that will go a long way to safeguard the health and safety of those adult performers working in the industry,” said AHF President Michael Weinstein.