Adult Industry Appeals Against Louisiana’s Mandatory Age Verification Law
Lawyers representing the adult industry trade organization, the Free Speech Coalition, along with a class of affiliated plaintiffs, have announced their intention to appeal the dismissal of a lawsuit challenging Louisiana’s mandatory age verification law. The lawsuit was brought against the state government for implementing requirements that necessitate age verification to access adult websites from local IP addresses.
The plaintiffs have filed a notice of appeal, stating their intention to challenge the recent partial dismissal of the case in the notoriously conservative Fifth Circuit Court of Appeals. This court previously heard a similar lawsuit regarding a controversial age verification and labeling law in Texas, where the Free Speech Coalition was involved. However, it has not yet been confirmed whether the court will take up the case on appeal.
Joining the Free Speech Coalition as plaintiffs are the parent company for Just For Fans, other parent companies of adult brands, and individuals. In early October, U.S. District Judge Susie Morgan for the Eastern District of Louisiana dismissed the lawsuit, citing the limited legal justification due to the doctrine of sovereign immunity found in Ex Parte Young.
Ex Parte Young allows lawsuits against public officials, but specific standards must be met to challenge these officials. According to Judge Morgan, the plaintiffs failed to meet the legal requirements necessary for a preliminary injunction to block the age verification statute enacted by the state legislature.
The dismissal of the coalition’s lawsuit was primarily based on technical grounds. Louisiana’s age verification requirement was structured as a bounty law, similar to Utah’s age verification law, which the Free Speech Coalition also attempted to block in a separate lawsuit. Under a bounty law, it falls upon the courts to enforce the law through private civil enforcement actions initiated by suing parties, such as anti-porn activists.
The plaintiffs are being represented by attorneys from the Law Office of D. Gill Sperlein in San Francisco, California, and Webb Daniel Friedlander LLP in New Orleans.
Louisiana became the first state in the U.S. to adopt age verification requirements for accessing adult content online. Other conservative-leaning states, including Utah and Texas, followed suit by implementing similar age verification laws, albeit with more stringent formats that impose higher liabilities on adult entertainment companies, sexual wellness brands, and platforms that feature at least one-third adult content.
The appeal filed by the Free Speech Coalition and its affiliated plaintiffs seeks to challenge the dismissal of their lawsuit against Louisiana’s mandatory age verification law. It remains to be seen whether the Fifth Circuit Court of Appeals will review the case and potentially impact the requirements for accessing adult websites in the state.
