Judge dismisses petition requiring the use of condoms in porn films
latimes.com/news/local/la-me-porn23-2009dec23,0,3460598.story
latimes.com
Judge dismisses petition requiring the use of condoms in porn films
An AIDS advocacy group argued that L.A. County ‘has passively observed an ever-growing epidemic’ in the industry. The court ruled that the county has broad discretion in how it oversees health.
By Kimi Yoshino
December 23, 2009
A Los Angeles County Superior Court judge Tuesday dismissed a petition seeking a court order to compel county public health officials to require condom use on porn sets or take other reasonable steps to stem the spread of disease.
The petition, filed by the AIDS Healthcare Foundation, contended that the Los Angeles County Department of Public Health has “passively observed an ever-growing epidemic” within the porn industry.
“Words alone cannot fight disease,” the petition said. “For over a decade, county health officials have talked, watched, written and analyzed. What county health officials have not done is act.”
Judge David P. Yaffe rejected the petition, noting that the county has broad discretion in how it oversees public health.
The AIDS advocacy group sued the county in July. The action came weeks after an adult-film actress tested positive for HIV and county health officials released data that showed 18 HIV cases and more than 3,700 cases of chlamydia, gonorrhea and syphilis had been reported since 2004 by a San Fernando Valley-based clinic that mainly serves the porn industry. Adult Industry Medical Healthcare Foundation officials said at the time that the majority of the cases did not involve working adult film performers.
County officials , saying little investigation was done. Representatives from the public health department declined to comment Tuesday.
AIDS Healthcare Foundation officials plan to appeal the decision and said they would press for change. “We just hope the county will do the right thing without being compelled to do it by a court,” foundation President Michael Weinstein said. “This is going to be a years-long battle and it’s going to have its ups and downs, but we know in the end that public health is going to win.”
Since the adult-film actress tested positive, the organization has launched an aggressive campaign for condom use. It picketed outside Larry Flynt’s Hustler store, called for a boycott of Marriott hotels for offering condom-free porn, and filed complaints with the state Division of Occupational Safety and Health against 16 California-based production companies that they believe violated workplace laws.
Last week, the group delivered a petition to the state Occupational Safety and Health Standards Board, asking for a change in regulations to explicitly address adult film production. The petition seeks to require condom use or other methods, including simulated sex acts. If adopted, the regulation would effectively ban “bareback” scenes, or those without condoms, which make up the majority of porn production. The department will review the matter, then make a recommendation to the board early next year on whether the regulations should be amended.
Current state regulations require employers to protect workers from blood-borne pathogens and other bodily fluids. The law is largely used in medical settings, but the state has used the regulations to cite and fine adult film production companies. Under pressure from the state and in a “preemptive move,” the adult film industry’s Free Speech Coalition published a draft of its own blood-borne pathogen plan — a 13-page document that outlines numerous safety precautions but stops short of requiring condom use.
The coalition has submitted the plan to producers and directors for input, then plans to present it to state regulators and lawmakers. Executive Director Diane Duke could not be reached for comment Tuesday, but said on the group’s website that once the plan is accepted by a majority of producers, it will confirm that the industry “already has highly effective risk reduction procedures in place, thus negating the need for legislation.”
“Too many times our industry is regulated without even having a seat at the table,” Duke said in the statement. “This time we are building our own chair.”
If someone wants to bareback, let them do it. I don’t think they should require condoms in porn. That is just way too controlling in my opinion.
The government regulates workplace safety issues (OSHA). Condom use on a porn set is a workplace safety issue. Condomless sex puts porn actors at higher risk for STDs and HIV. If cafeteria workers have to wear gloves, porn actors have to wear condoms. Seems pretty simple to me.
Doc1 I agree with you 100%. This is a social problem and not an individual problem. Protection is necessary and I don’t think we need to argue the implications of disease transmission. No one doubts the risk. The social and financial costs both exist and there lies the need for public intervention.
I agree with Justin. Some people just like it raw, and fantasize about it. The concept behind the porn industry is to see your fantasies acted out. Anal sex apparently puts people at a higher risk, so why not just ban that? Since gays seem to get HIV more than straights, than why not simply ban gay porn? To some, raw gay sex is sick and wrong, to others, gay sex is wrong, and for some, sex is wrong. Just take that kinda of stuff into perspective.
me parece absurdo que a estas alturas se siga satanizando el tema, como en toda epidemia el mas fuerte es el que persevera. y si no se diera la ola de contagios tampoco se daria la inmunidad o mas bien la creacion de anticuerpos, suena duro, pero es la verdad, es el proceso de seleccion natural y ha pasado desde que el hombre es hombre, el sexo como quiera que se le llame, heterosexual, bisexual, homosexual…..no es un castigo, es lo mas preciado que Dios nos dio, el problema es la promiscuidad, si se tuviera cuidado en ese tema, seria mucho mas facil el control, un condon por si solo no previene nada, si no se retoma el valor de la fidelidad y el respeto hacia los demas.la decision de la practica del sexo, ya es decision de cada quien, y se debe respetar, nadie tiene la culpa por separado, todos contribuimos al crecimiento y la expansion, no sean ridiculos
It seems to me absurd that at this point it is continued satanizando the subject, like in all epidemic but hard he is the one that persevera. and if daria did not occur to the wave of contagions either the immunity or rather the creation of antibodies, it sounds hard, but it is the truth, it is the process of natural selection and has happened since the man is man, sex since it is called to him, heterosexual, bisexual, homosexual …. .no is a punishment, is but appraised that God gave us, the problem is the promiscuity, if care in that subject were had, serious much more easy the control, condon by itself does not prevent anything, if the value of the fidelity is not retaken and the respect towards the others the decision practices of it of sex, is already decision of every one, and it is due to respect, nobody is the guilty separately, all we contributed to the growth and the expansion, is not ridiculous