Kayden Kross & Logan Pierce have teamed up with Vivid to present their case in court against Los Angeles county and its Measure B law. The suit filed Thursday Jan. 10, 2013 states that companies and performers have the right to freedom of expression and speech, which includes the right to film sexual acts without a condom.

The lawsuit also claims that porn companies and actors are subject to “draconian penalties” that depend on the “whim” of the LA County Department of Public Health, all for a measure that does nothing to truly prevent the spread of HIV, AIDS and other sexually transmitted diseases.

Tom Myers, Chief of Public Affairs and General Counsel for AIDS Healthcare Foundation, the non-profit who championed Measure B in 2012, had this to say in a statement:

“Despite what the adult industry’s lawyers are claiming in this lawsuit, Measure B is not directed at speech, and as such, their First Amendment claims will likely ring hollow with the court. Measure B is about safety in a commercial endeavor. Nothing in Measure B restricts the content of what can be shown. However, as soon as an adult performer accepts money for performing in a film, a whole host of worker safety laws kick in. In non-adult films, we don’t let people take chances that can harm themselves or others, with pyrotechnics, for example, just because they feel their creativity or expression would be stifled otherwise. The same reason one requires condoms is the same reason a stunt man or woman would have to use a net, or be tied to a harness.”

Measure B is a law introduced in LA Country in late 2012 forcing performers to wear condoms and other prophylactics on the sets of adult films and was voted in by the residents of LA.