Court Challenge Promised in Wake of Measure B Passage

LOS ANGELES—In a letter sent today to the Los Angeles County Board of Supervisors, Free Speech Coalition announced its intention to mount a challenge in court to Measure B, the mandatory condom initiative that was passed yesterday by county voters.

"We believe that the law is not only unconstitutional on the grounds of forced expression, but also falls within the jurisdiction of the state of California rather than local government," wrote Free Speech Coalition CEO Diane Duke. "Therefore, we will file suit and challenge this intolerable law in court."

Duke also asked the Supervisors to "suspend the implementation of the law until the courts have rendered their decision on the aforementioned issues," but also requested that "as the County moves to develop an implementation plan, we ask that FSC, the industry's trade association, be given a seat at the table."

The letter concludes by reiterating the very real possibility that the industry, or much of it, will move out of the area. "Finally, our industry has been approached, with open arms and tax incentives, to move our adult production to communities that welcome adult production as a vital industry and a positive economic force," it reads. "In the upcoming weeks and months, we will provide a roadmap for adult production to move its over-a-billion-dollar industry and its accompanying 10,000 jobs to these welcoming communities."

In a press release issued today by the No on Government Waste Committee, which organized the opposition to the measure, communications director James Lee commented on the question of whether the industry really will move. "While the AIDS Healthcare Foundation has tried to portray any move of jobs outside of LA County as unrealistic, the hard truth of the matter is that is exactly what this industry plans on doing now," he said. "The inevitable consequences of Measure B's passage and AHF's short-sightedness will be a significant loss of jobs and tax dollars flowing to local governments to fund police, fire protection and public health services."

These and other issues will be addressed tomorrow during the FSC Summit, to be held at the Sofitel Hotel in West Hollywood, CA. In addition to the day-long program of Summit seminars, Measure B will be highlighted at a special session from noon-1:30pm.

“Coming off of the momentum of the campaign, we must press forward and come together pro-actively, to decide the next steps for the adult industry,” Duke said. “We strongly encourage all industry members in Los Angeles to attend the Summit tomorrow, if only for the special seminar on Measure B. This is a great opportunity for discussion and unity as we move to confront this challenge.”

Attendance for the Summit is free-of-charge. Industry members can go to the FSC Summit webpage to register for the show online. On-site registration opens at 9am on Thursday. For more information, go here.

The letter sent to the Los Angeles County Board of Supervisors can be read here.