This one looks to be inevitable, if for no other reason than the Free Speech Cabal went to Sacramento to try and stop it. Given the track record of the FSC that just about assures passage.
But lets step back a moment and look at this realistically. California is known for having some of the strictest personal safety laws in the country, you can’t even ride a bicycle legally unless you are wearing a helmet. And Cal-OSHA is very much within it’s scope to force condom use.
The FSC can screech about freedom all they like but there is lots of precedence for this, like the aforementioned helmet laws, workplace safety laws in other areas, say hardhat requirements for instance. Like it or not they CAN do it and they CAN do it legally.
The question is will they?
That’s going to be a close call. The adult industry provides a lot of income to California, income that they cant afford to lose right now, there could even be unintended consequences, like companies being even more clandestine about shooting than they are now, that means fewer filming permits sold. While it’s unlikely companies like Vivid or Digital Playground would leave the state, it is equally unlikely that they would comply with a condom mandate.The states option would be to legislate that a video could be prima facia evidence that the company was not compliant. That would be VERY shakey legal ground as there is no way to prove that the sex scenes were shot in California.
But this has the potential to make both the left and the right happy, the left because they like the idea of government keeping employees safe, the right because amy restrictions on the adult industry is a good thing to them. Only the Libertarians would scoff at the idea, and as Mark Kernes says, “They don’t matter”
In all honesty I am surprised that it has taken this long to come to this. Despite AIM claiming that the number of STD cases among porn performers is lower than the average population, anyone with a brain can see that simply isn’t true. The reason has to do with AIMs sampling methodology to derive the data. While AIM can claim to do a large number of tests with a lower percentage of positives, the truth is that they do those tests on a much smaller group of people.
You average testing clinic is testing far more different people whereas AIM is testing the same people over and over and over so any claim that STDs are less prevalent in porn is simply nonsense. As a percentage of the population who test positive for STDS as well as HIV porn performers are WAY higher than the average population sample. You don’t need a Phd to see the facts here.
Sam points out:
AIM reports 16 positives out of who knows how many total performers. The link above shows that most states have anywhere from two to 25 HIV infections per 100,000. Considering AIM has 16 out of, and I will make a very high estimate of 10,000 individual performers, it is plain to see that the HIV rate in porn is astronomically higher than the general public.
And this is just HIV, more prevalent and less deadly STDs are far more common, precious few performers escape getting them over the course of a single year, and the 30 day testing regimen is a joke, by the time they catch something like chlamydia in an individual and treat it, that person has infected dozens of people who will in turn pass it back around full circle before the next test.
The sad truth is that AIM could have been something great and all of this could have been avoided, instead of being a rag tag bunch of posers AIM could have had a mission and a real board of directors made up of certified health care experts and it could have been one of the worlds leading STD studies, the study group is perfect, then nobody would dare try to fuck with it.
But then that’s the problem with our biz in general, nobody actually wants to REALLY do anything well, only enough to get by.
And that is becoming our undoing.