All this talk about performers having a choice to use condoms is fine except for one thing, THEY DONT HAVE A CHOICE!!!!
Choice does NOT EXIST for the vast majority of productions. The only choice performers have (a vast majority of the time) is no condoms, or no work.

IF, thats a big IF, performers did have a choice I would be ok with it, but they dont, and using the ‘choice’ argument is a false arguent. Choice does not exist, and should not be used as an argument against regulation.

CPan – you’re right that there is no perfect system and no way, short of abstinence, to eliminate the transmission of some diseases on a porn set. Any time oral sex takes place, any time there’s a cum shot, or, in today’s world, any time there’s a squirt scene, vag to mouth or ATM, there’s going to be an exchange of bodily fluids. Unless the government really does require dental dams, hazmat suits and bans the facial, some level of STDs are going to happen. Even with condom use.

The real question goes to Representative Hall’s quote that porn is a legitimate business and needs to start acting like a legitimate business: What is porn going to do about it when it happens.

Porn’s attitude has been – and, I think evidenced by comments you see in posts on industry boards or by talent when they’re interviewed is – what happens after talent gets an STD ain’t the industry’s fault. Talent are contract employees; talent signed a waiver absolving us of fault. Talent knew the risks. If talent was worried about an STD, then talent has no business being in porn.

If porn is a legitimate business – and it keeps telling government its a multi-billion industry in California – then porn needs to act like other legitimate businesses in which employees take risks to perform their jobs and are still injured on the job. Those industries require safety equipment and not just testing protocols; when someone is injured despite safety equipment, worker comp kicks in or the companies own insurance kicks in; if a company is negligent and doesn’t live up to OSHA standards, it gets sued and potentially pays damages.

This argument that porn is constitutionally-protected content under the First Amendment just doesn’t fly either. Every media organization produces content that is protected by the First Amendment. Every form of media, but porn, has to comply with the same work rules as every one else.

Porn might win a First Amendment argument if the government said you can no longer include ATM, double penetration, or the facial. But they won’t win a First Amendment argument that claims they have no duty to the safety of employees if it interferes with their artistic vision. The Vivid suit, so far, has demonstrated that.

@cpanzram

Lotsa of neutral territory between the areas we’re fence sitting.

Months ago commented about the difficulties of finding an attorney even with seemingly clear causes of action.

Given the wilted lettuce analogy I offered..I clearly accept that things aren’t always what they seem. I think you’re stuck on syphilis because that’s what it turned out to be…could have been herpes or some other STD and be where it is today if herpes or unknown STD carried the same significance to the industry.

Can’t agree with blanket statement about MSM …SHOULD always use condoms. Certainly using a barrier will help them prevent the higher risk of HIV & HepC for anatomical reasons but for me to advocate all MSM porn using condoms would require me to say the same for all anal sex porn by hetero, bi and tranny as well.

As a policy queen the last thing I want to see is bad policy happen…I personally disagree with any targeted law criminalizing civil non-compliance but would vote for AB1576 because the target has responded with temper tantrum objections and threats instead of putting up an alternative they can live with.

The alternative I advocate is a tiered testing/condom program with the top tier using extensive testing and elimination to remain barrier free.

There is a lot of risk in porn, STD, bodily injury and untold job related stress exacerbated by poor coping choices.

@lurking

We basically agree on everything minus the ability to easily sue companies.

I always have been saying that the industry’s way of using testing as a form of protection is totally fucked and condoms need to be used.

I’m also saying it is really hard to determine where an STD came from so unless you have a guy saying “Yeah, that is syphilis. I lied” then it is going to be tough to nab others.

Just because something is highly-visible doesn’t mean it is what people think it is. Marcus said what it was. Pothead magazines like High Times are showing proof of possession, right? No. Prove that was marijuana pictured in the photo. You can’t. Just like you can’t prove a wart is a wart or syphilis is syphilis when just shown a picture. It can contain all of the characteristics, but without testing the diagnosis is always unknown. Doctors can’t diagnose skin cancer from just a picture so why should syphilis be different unless there is evidence confirming it is?

How often will one get a perfect case like this?

Requiring performers to test every 7 days at a central testing facility regardless of if they are shooting or not could make things slightly safer. (You don’t know what happens in the week after the test was done)

If studios only used contract stars and paid 500 or so a month to test each performer weekly while they were under contract (and shot with condoms) then the risk would be reduced. Not eliminated by any means, but reduced given their situation.

MSM should always wear condoms. I understand some won’t. As long as they shoot that overseas or in areas where condoms are not required then I am fine with it. Worrying about TIM performers getting diseases is pointless because they leave a trail of diseases behind them when they walk. They weren’t healthy when hired. Hopefully, other MSM companies keep track of who worked for what company. If those companies can find a way to shoot that material legally then I’m fine with it existing.

There is a lot of risk involved in porn and due to the way STD’s fester there is very little way to prove who gave who what.

Peace

This has become more exciting than the fall out from the Chris McDaniel/Thad Cochran primary in Mississippi.

@lurk –
Ha.. ha.. ha. Sooo funny. LMAO.

@Mike –
It’s not like this is the first time… meh.

@mikesouth

What a Kerfuffle 🙂

never once had a prob with you mharris no worries

Too bad it came to that, Mike but it is probably for the best that she is gone. I am not perfect but I do attempt to post in a civil manner. I would not back down to threats either.

Kate has demonstrated that she is incapable of conducting herself in an appropriate manner and is gone. For the record threats that say post this or I will send it to whomever….well that dont work with me…