Calif State Assembly Passes Bill Mandating Condoms in Porn

[AsianDivaGirlsWebDude]

(Reuters) - A bill requiring pornographic film actors to wear condoms during sex scenes easily passed the California State Assembly on Tuesday despite resistance from most of the adult film industry.

The bill would also require employers to test pornography film actors regularly for sexually transmitted diseases.

The lower house passed the measure 48-13, with 19 Assembly members not voting. The bill now goes to the Senate.

State Assembly member Isadore Hall, a Democrat from Compton who authored the bill, has hailed the measure as a public health effort aimed at reducing the spread of HIV, the virus that causes AIDS, within the pornography industry.

Adult film actors are 10 times more likely to contract a sexually transmitted disease than the general public, according to the AIDS Healthcare Foundation, a group that sponsored the bill.

The Free Speech Coalition, which represents the pornography industry, calls the law “a morality crusade" aimed at driving a legal business out of California.

The coalition has warned that further regulations on condoms and the regular testing of actors would force the film sector, worth an estimated $9 billion to $13 billion a year, from the state.

The 13 Assembly members who voted against the bill include Republican gubernatorial candidate Tim Donnelly and other lawmakers who are largely from areas in or surrounding Los Angeles County, where most U.S. adult films are shot.

That was faster than I expected.



ADG

[Due]

It sucks but its to be expected, especially as porn becomes more and more mainstream.
Construction workers are also required to wear a helmet

[AsianDivaGirlsWebDude]

ADG

[pornlaw]

Well now LA producers will have 4 condom laws to deal with... and none of them are really being enforced.

At what point is it overkill ?

[MiamiBoyz]

TOO bad his parents didn't use one!

[ezgirl]

For those of you outside of California, the state Assembly and Senate have a super majority of Democrats. This means they can do things like build $100bn bullet train in the middle of nowhere, tax and regulate businesses until they leave the state. Just last week Toyota announced they are moving from California to Texas.

Today the California Assembly approved AB 1576, mandating condoms and other heavy regulations on adult content production. Although I have read three stories on the vote totals, which have three different vote totals, the measure clearly passed. For all you haters of Republicans please know only two Republicans voted for the bill. The threat comes from the Left, not the Right. Sooner or later the Left will be telling you how to have sex in your bedroom, because that is what they do - they regulate. This notion Republicans are in your bedroom is wrong. As usual the Left accuses the Right of what they are themselves doing. And you folks lap it up. As Obama famously said: "Elections have consequences." Expect condom regulations to come your way.

[AsianDivaGirlsWebDude]

From a Health and Safety perspective the vote was somewhat understandable. How many other jobs potentially expose workers to HIV/STDs like porn does?

I've observed over the years that many people in the adult industry think with their pocketbooks and not with their hearts and minds, and worse still they put profits before people.

Whining about nanny-state laws, when the law's sponsors claim it is designed to protect the health and safety of performers, is probably not going to sway many people outside of the adult industry, least of all State legislators.

Would have been nice to see the adult industry get ahead on this battle and take the lead in demonstrating that we care about our performers. Once the law passes the State Senate, producers all over California will be affected, myself included.



ADG

[pornlaw]

ADG - you must realize there is already a state-wide condom law ? This doesn't change anything.

CCR 5193 already mandates condoms. This is just another piece of legislation that has no funds for enforcement. The Appropriations Committee earmarked $150,000 for it. That doesn't pay for 1 person to inspect, an office somewhere and a letterhead with the state seal on it.

[RyuLion]

[Vendzilla]

Originally Posted by pornlaw

ADG - you must realize there is already a state-wide condom law ? This doesn't change anything.

CCR 5193 already mandates condoms. This is just another piece of legislation that has no funds for enforcement. The Appropriations Committee earmarked $150,000 for it. That doesn't pay for 1 person to inspect, an office somewhere and a letterhead with the state seal on it.

That's how it works in California, they pass laws that have no funding, so they will figure out a way to get it funded by the Adult industry.

I love California , But I hate the management. Liberals have been killing this state for a long time.

If you think that they will stop at condoms, think again. Next they will get special taxes on pornography .

If you don't believe me, look up the "Jock Tax"

[pornlaw]

Yeah they tried the tax on porn a couple of years ago. Calderon - I can't remember if it was the one being prosecuted or his family member - introduced it.

At the time I was working with the FSC (no more) and we met with him privately and lobbied against it. One way or another the bill died.

I'm sure we will see another incarnation of it along with a "pole tax" on strip clubs. The difference here is that Cali is broke & has bigger problems that condomless porn so no one is going to fund any of these laws. It's just headlines for AHF.

[AsianDivaGirlsWebDude]

Originally Posted by pornlaw

ADG - you must realize there is already a state-wide condom law ? This doesn't change anything.

CCR 5193 already mandates condoms. This is just another piece of legislation that has no funds for enforcement. The Appropriations Committee earmarked $150,000 for it. That doesn't pay for 1 person to inspect, an office somewhere and a letterhead with the state seal on it.

I hope in pooh-poohing the new law, you are not suggesting that any companies in California shooting condomless continue business as usual, or that no one should worry about having to comply with the new law since there is not much money (currently) to enforce it?



In my case, I haven't been shooting hardcore scenes since the Moratoriums of last year (I have years worth of unreleased scenes).

The Bill which just passed the Assembly, AB 1576, codifies existing law, and is specific to the adult industry (CCR 5193 contains general rules, and has been around since the 90's). The pressure has clearly been ratcheted up.

Once the law is enacted, allocating more funds is not out of the question, and appears likely at some point (particularly if there are any more STD/HIV outbreaks).

A few of the provisions in AB 1576:

(e) An employer shall make available the hepatitis B vaccination
and all medical followup required by Section 5193 of Title 8 of the
California Code of Regulations, for any employee engaged in the
production of adult films, at the employer's expense.

(g) An employer shall pay the costs of required medical
monitoring, such as STD testing, and keep confidential employee
records.

I frequently pay for my performer's tests, so that doesn't change much for me, but I understand that many companies require performers to pay for their own testing.

I'm not planning to move out of California, or to defy the law, so all of this has a major impact on the business I've been running for 15 years.

Anyway, I already saw the writing on the wall with this issue (even I didn't buy many of the arguments of the FSC/Diane Duke, and knew they stood little chance), so I have been adapting my overall business strategy and reorganized my businesses to stay in compliance with the law.

Still sucks big time though...and cooing over the lack of funding does not change the $75,000 fines that have been levied in the last year against companies which chose to flaunt the law. If anyone thinks Isadore Hall and the AHF are going to call it a day after getting this legislation passed, they are living in a fool's paradise.



ADG

[pornlaw]

There's already a Labor Code section (222 I believe from memory) that requires the payment/reimbursement of performing testing costs already.

As for pooh-poohing the law... LOL. I represent the majority of producers that use condoms in LA. And the $75k in fines has nothing to do with this law and makes my point... It's not necessary.

[VikingMan]

Just take a boat out and shoot on the ocean. The authorities can never prove you if you went out into international waters or not.

You could name the boat "The S.S. Bareback" and rent it out to other porn companies.

[AsianDivaGirlsWebDude]

Originally Posted by VikingMan

Just take a boat out and shoot on the ocean. The authorities can never prove you if you went out into international waters or not.

You could name the boat "The S.S. Bareback" and rent it out to other porn companies.

Interesting idea - unfortunately for me, almost every time we shoot on the water, the girls get seasick. Pretty time consuming to take a boat out, and there are other issues like waves, etc., but I like that you are trying to think outside of the box, while keeping it legal...



ADG

[PSD]

"$9 billion to $13 billion a year"