Los Angeles County voters approved a measure Tuesday requiring porn performers to wear condoms while filming sex scenes, prompting a pledge by the adult entertainment industry to sue.

Measure B passed 56 percent to 44 percent on Election Day, making it mandatory for adult film producers to apply for a permit from the Department of Public Health to shoot sex scenes. Permit fees will finance inspections of film sets to enforce compliance.

The AIDS Healthcare Foundation, which sponsored the initiative, believes the measure will safeguard the public, as well as porn workers, from sexually transmitted diseases.

But the adult film industry, which is largely centered in San Fernando Valley, says the requirement is unnecessary because it already requires performers to undergo monthly tests for HIV and other infections.

The Free Speech Coalition, a trade group representing the adult entertainment industry, said Wednesday it plans to file a lawsuit to overturn the condom requirement on constitutional grounds.

“We believe in the calm, serious deliberations of the legal system, we will find that Measure B is in fact unconstitutional,” said Diane Duke, the coalition executive director, in a statement. “The adult film industry will not just stand by let it destroy our business.”

The industry also requested in a letter to be involved in discussions on how the county will implement the requirements. It will also explore moves to neighboring states "as soon as possible,” said the coalition.

“While the AIDS Healthcare Foundation has tried to portray any move of jobs outside of L.A. County as unrealistic, the hard truth of the matter is that is exactly what this industry plans on doing now,” said James Lee, communications director for the No on Government Waste Committee, which opposed the measure.

Michael Weinstein, President of the AIDS Healthcare Foundation, said he is not fazed by threats or a lawsuit. He explained that the issue is one of public health and safety for workers who run a high risk of sexually transmitted illnesses.

“There was a very high degree of awareness about this proposition,” said Weinstein. “Voters were educated about it.”

Weinstein also revealed that about 200 companies produce adult films in Los Angeles. A two-year health permit would cost about $11,000, comparable to permits for tattoo and massage parlors.

“We don’t want one more person to get HIV,” he said.

Based on reporting by the Associated Press.

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