Monday, December 15, 2014

Vivid Entertainment v. Fielding (9th Cir. - Dec. 15, 2014)

Jobs continue to flow out of California.  And the judiciary is doing absolutely nothing to stop it.

The jobs to which I refer are jobs that arise from legalized vice.  The industry is simply on the decline in our state.

On the gambling side, we've always been a distant second to Las Vegas, and our state-sponsored gambling took a hit when we finally gave up relying on our own thing and joined the multistate Powerball in 2013.  As for drugs, we were in the forefront for a while in the medical marijuana space, but now neighbors like Oregon and Washington have crushed us, legalizing the thing outright last month.

But at least we still have the porn industry, right?  Surely the San Fernando valley will always be the hub of this time-honored profession?

No.  Not after today.

This morning the Ninth Circuit rejected an appeal that claimed that the recent imposition of a mandatory condom regime (and other ancillary regulations) by Los Angeles was unconstitutional.  Not surprisingly, the fact that performers have to wear condoms in L.A. but not in other cities -- or countries -- has resulted in a wholesale flight from the jurisdiction.

But say goodbye.  The Ninth Circuit holds that the voter-initiated Measure B doesn't violate the First Amendment.  Judge Graber analogizes the law to regulations that require g-strings.  You can still do what you want to do, and express what you want to express.  But you have to do it in a way that covers up a tiny little bit.  (And, yes, I realize that the use of the words "tiny" and "little" as applied to this industry is perhaps a slight misnomer.)

For what it's worth, Judge Kozinski was on this panel as well.  And doesn't write anything witty on the side.

The outflood of vice-related jobs continues.