YNOT – A California legislator has proposed expanding Los Angeles County’s infamous “condoms in porn” mandate to cover the entire state.
Assemblyman Isadore Hall III [D-Compton] chose Valentine’s Day to announce the bill, tagged AB-332, which reportedly would adopt the same basic structure as L.A. County’s Measure B, the so-called safer-sex ordinance passed by voters in November. Measure B requires the use of barrier protection devices on all adult film sets and institutes new permitting and inspection procedures that are projected to increase costs for L.A. County taxpayers and the adult film industry.
According to Diane Duke, chief executive officer for adult industry trade organization Free Speech Coalition, the bill represents an overzealous attempt to address a non-existent problem, namely the alleged proliferation of sexually transmitted infections on adult film sets. Adult studios have been vocal about their interest in filming outside L.A. County in order to avoid what they consider senseless regulatory overreaching and unnecessary expense. The industry’s outspoken criticism of the ordinance may have contributed to the state lawmaker’s action.
Statewide legislation mimicking Measure B would be an even worse idea, Duke indicated.
“Tragically, this law, if passed, will not only waste taxpayer dollars and compromise the effective performer health protocols already in place, but also compromise funding for critical HIV programs by diverting program funds to create an unnecessary condom-police bureaucracy,” Duke said Thursday. “Additionally, this regulation would force an industry vital to the San Fernando Valley and to California’s economy out of the area.”
The majority of adult entertainment producers in California and nationwide religiously adhere to voluntary guidelines established to safeguard the health of performers and others on-set, Duke said. Best-practices protocols include performer health-testing every 14 to 28 days and quarantining any performers who may have been exposed to STDs. The industry’s own self-policed system works well, Duke said, and doesn’t cost taxpayers a dime.
In fact, she noted, the general population is far more likely to encounter STDs during recreational activities than adult performers are to be exposed on a movie set.
“In L.A. County alone, between June 30, 2008, and June 30, 2011, 6,447 new cases of HIV were reported by the California Department of Public Health,” Duke explained. “Out of the 6,447, two were adult entertainment performers. Both of those performers contracted HIV off-set, and no transmission of HIV occurred during that time period on-set.
“In fact, no transmissions of HIV have occurred on an adult set since 2004 nationwide,” she added.
Attorneys for the industry believe L.A. County’s condom mandate to be invalid for a number of jurisdictional and constitutional reasons. In December, the attorneys filed a lawsuit on behalf of a coalition of adult industry insiders.
The questions about legal jurisdiction also may have played a role in Hall’s decision to craft statewide legislation, though Duke suspects mainstream advocacy group AIDS Healthcare Foundation also may have swayed the state legislator. Even before voters approved Measure B, AHF vowed to take what it characterizes as a public-health crusade to other jurisdictions within California, and then to other states.
“AHF has been the sole backer of mandatory condom laws in Los Angeles since 2004,” Duke said. “The organization has relentlessly spread misinformation and vilified adult industry performers and businesses as vectors for sexually-transmitted infections that AHF President Michael Weinstein has claimed are a threat to public health.
“While other legislators are focused on gun safety, improving our schools and reducing crime, Assembly Member Hall has chosen to use his taxpayer-funded salary and staff to focus on adult films,” she added. “We look forward to Assembly Member Hall visiting with adult film stars in the coming weeks to learn more about the exhaustive safety precautions already used by the industry.”
As the trade association for the adult entertainment industry, FSC vigorously opposes ineffective legislation Duke said “will grievously harm the business interests of its membership and the adult industry community.” FSC also supports performers’ rights to choose for themselves whether to use barrier protection like condoms, gloves, goggles and dental dams.
