Pornography

Victory for Porn Industry in California Condom Vote

Yesterday was a win for adult entertainment, sure, but also for personal liberty and against an overreaching nanny state.

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@FSCArmy/Twitter

After hearing hours of passionate testimony Thursday from adult-film stars, webcam workers, public-health professors, and others, the California Division of Occupational Safety and Health (Cal/OSHA) voted against a proposal to require condoms and other "protective barrier" use in porn. It's a major victory not just for the adult-entertainment biz but also for personal liberty and against an overreaching nanny state.

The proposal, which I wrote about in detail yesterday, would have updated California's workplace safety standards to say that any "recorded or live representation" of sexual activity in which people might be exposed to "sexually transmitted pathogens" would require the use of "personal protective equipment" such as condoms, dental dams, and special eyewear—i.e., picture your favorite porn star in safety goggles the next time they're taking a load to the face. Porn performers and producers rightly complained that compliance would make their product unmarketable. And rather than abide by such measures, adult filmmakers would splinter off to other states and underground—where the robust, centralized system of testing for sexually-transmitted-infections among performers would no longer work. 

In short, performers testified yesterday, the condom proposal—part of a coordinated anti-porn effort from activist Michael Weinstein and his Aids Healthcare Foundation (AHF)—wouldn't just cost California tons in lost revenue, it would cost them their community, their safety net, and possibly their livelihoods. 

Speakers included porn-industry veterans and notables such as Jessica Drake, Joanna Angel, James Bartholet, Jiz Lee, Dee Severe, Abella Danger, and Julia Ann, along with dozens of others—around 100 in total. 

After more than four hours of testimony before the Cal/OSHA Standards Board yesterday, the line of porn-industry folks waiting to speak out against the Weinstein proposal was still formidable. The mood among them, as evidenced by their Twitter commentary, was both proud and tense. On the one hand, how could board members refuse to listen to the reasoned, heartfelt, and intelligent testimony given all afternoon? How could they overlook the opposition of so many whose lives would be directly affected, as well as the people—a Centers for Disease Control and Prevention expert, a St. John's Infirmary representative, an epidemiology professor—who knew best and still said this proposal was the worst? 

On the other hand, these were government officials we were talking about. And this was the porn industry. Rational actions from the former regarding the latter have historically been rare. 

As testimony wound down, two Cal/OSHA board members said they would like more time to review and possibly revise the proposal. One, Dave Harrison, told the crowd he was "actually more torn over this than I can ever explain." Board member Robert Blink concurred: "I'm going through similar mental gyrations over this," he said. A motion to postpone the vote failed, however, and the five board members went ahead with the process. Four affirmative votes were required to pass the Weinstein proposal and add a new section to the California Health Code.

Only three board members voted yes. 

Board member Patty Quinlan said the issue would be reconsidered in the future "with more input from the affected industry."

The room erupted in cheers as the news was announced, and social media in tiny victory speeches. "I can't believe it's real life but…WE WON!" wrote sex columnist and adult performer Siouxsie Q on Instagram. "Fucking. Awesome. A wonderful victory, thank you to all the people who spoke today," tweeted cam girl Alex Coal

"Today was a monumental win, not only for the adult industry, but for the #sexworkersrights movement as a whole," tweeted porn trade group the Free Speech Coalition (FSC).

At a post-vote speech, FSC Executive Director Eric Paul Leue said he hopes his group can work closely with officials on the drafting of future porn-safety regulations. He also noted that a similar struggle was imminent: "The California Safer Sex in the Adult Film Industry Act," also sponsored by Weinstein and AHF, will put the issue of condoms in porn (along with a host of other intrusive, privacy-infringing, business-killing regulations) up for a statewide vote in November. 

"Now we face a larger battle, which would seek to replicate and amplify the worst parts of the regulations," said Leue. "In fact, the ballot initiative, allows private citizens to sue adult performers who do not use condoms, and would drive a legal industry underground where performers would be less safe. This idea — that private citizens can sue adult performers because of actions they disapprove of is outrageous, and would not be permitted in any other sector of our society. We will fight this, and this too, we will win."

In a press release, Weinstein said AHF is "disappointed" by Cal/OSHA's decision and "are announcing today that we will immediately file a new petition with Cal/OSHA on this important health measure." 

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  1. picture your favorite porn star in safety goggles the next time they’re taking a load to the face.

    I bet there’s a market for it.

    1. While true, it will inevitably be smaller than the market being serviced now. Also, there’s no barriers to the creation of such product under the current system.

      (and the rules of the internet state that it already exists)

    2. I bet there’s a market for it.

      Literally literally.

  2. picture your favorite porn star in safety goggles the next time they’re taking a load to the face.

    Now, picture your favorite porn star in Breathe Right? strips the next time they’re taking a load to the face.

    1. Consumers should be forced to wear goggles, too. I go with a statue of liberty welder’s mask.

    2. PROPOSITION 65 WARNING: This product contains a chemical known to the State of California to cause cancer, birth defects, or other reproductive harm.

      http://www.ncbi.nlm.nih.gov/pubmed/78293

  3. Has anyone ever used a dental dam? I don’t think I can imagine anything less sexy.

    1. Can you imagine Hillary Clinton and Bernie Sanders doing a debate naked with Donald Trump moderating? If so, then you can imagine something less sexy.

        1. failed to hold back rising gorge…must now clean up risen gorge…thought of HRC naked causing gorge to rise again, thought of BS naked causing explosive diarrhea…must leave thread, becoming dehydrated due to loss of precious bodily fluids…

      1. Yes. Yes I can imagine that.

        1. Imagine it? I’m sure you’re already looking for an illustrator to draw the scene of it in your next piece.

          1. No illustrator will work with him.

            1. True. I really need someone to bring my thoughts to life.

      2. Do you people have some vested interest in trying to stop all sexual activity? Have you bought into the Malthusian nonsense? Why must you ruin the greatest thing life has to offer????? Other than slaughtering your enemies in a berserker rage and spilling their guts all over the frozen ground. After all the discussion of Hilary, Trump Warren and Sanders naked, that’s all I have left!!

    2. Beavers might.

    3. As someone who has been told the phrase “if you put a condom on it, I’ll suck it,” in the midst of an intimate moment, I can assure you that my level of eroticism was only heightened, not lessened.

      1. The fact that the ‘it’ in question was not a part of you apparently was no deterrant.

  4. Yay! Only 60% of the select group of bureaucrats voted on the rule that violates free association…and one of the boardmemberssaid it would be revisited “with more input from the affected industry”, which is code for “we’ll find people who work in porn that are for the regulation, then we’ll ram it through.” Not to mention the extremely restrictive regulatory structure already in place in California, which doesn’t exist anywhere like this in the rest of the country.

    I wouldn’t start popping corks just yet. The liberals/progressives in California will soon get their way and regulate away the right for these consenting adults to do things that cause no harm to others.

    1. What’s up with all this talk of ramming and popping?

    1. You’re in the wrong thread, the kiddie porn discussion is further down the H&R main page.

      1. Seems to be a theme this morning. Staff must be getting ready for the weekend.

    2. PORNCHOR

        1. Try not to think about me the next time you touch yourself.

  5. At a post-vote speech, FSC Executive Director Eric Paul Leue said he hopes his group can work closely with officials on the drafting of future porn-safety regulations.

    Witness the birth of Big Porn.

    1. It worked for the NRA, bagger!
      -progtards

    2. Regulatory capture indeed!

  6. Good news, now that the government has been stopped getting involved in porn using the excuse of sexually transmitted disease, we need to get the government out of the business of treating sexually transmitted disease

    I hope to soon see the Reason article condemning the US Federal Government spending $30 billion plus a year on AIDs

    http://kff.org/global-health-p…..t-request/

    1. I think I remember some articles questioning the common wisdom on how great government funded research is. The bull shit about how we wouldn’t have the Internet or jet engines or computers without government research.

      I don’t think an article specifically about AIDS funding is really needed. If the government is going to be funding research, there are a lot worse things they could spend the money on.

      1. I certainly agree that medical research is probably not the first sacred cow to slaughter. But what is a little frustrating is how much money we spend on a disease that is almost completely preventable. This is in no way an anti gay argument or anything. Use condoms and if you shoot up, don’t share needles.

  7. “webcam workers”

    GoPro installers?

    1. “Regulation says this has to be attached by seven-inch screws so it doesn’t come off.”

      “But it’s going on the side of a bike helmet. You’ll hit my head”

      “Regulation says…”

    2. “jsut a few hours on her computer”

  8. Can’t they just get George Lucas to remaster the scenes with CGI alien condoms in the background?

    1. alien condoms

      Nice album name.

      1. I’m caught between being really glad and really disappointed that my highschool bandmates never thought of that name.

  9. The thought of all these porn women testifying before a committee gives me the mental image of that go-daddy super bowl commercial from years ago that was mocking the wardrobe malfunction uproar. Some buxom model is jiggling around and spilling out of her top and the oldsters on the committee are about having a heart attack.

  10. I am not sure what is worse:
    These public health/occupational safety douchebags that really believe this, in which case, I imagine they must not watch porn. I don’t trust anyone who isn’t a religious conservative and doesnt watch porn. I have my problems with socons but at least respect their personal feelings on this; OR
    The hypocrites who don’t believe, but are just out for the power, money etc.

  11. I can’t help but notice this serious threat to the entire porn industry without a single republican involved.

    In fact, I’ll bet that if you canvassed the supporters you’d find that they’re mostly feelin’ the Bern–with a few who are Ready for Hillary.

  12. next California will want to legislate about quality and colour of toilet paper, and how much one can buy in one month.

    Stupid people, they’ve got cities and counties going broke from the financial burden of government, and they’re natttering on about THIS? Get a life, losers.

    and this from someone who despises the entire porn and perversion industry…. almost as much as despises government playing the overweening nanny protecting our every breath. It ain’ nunna yo bidniss.

  13. The technology is so developed that we can watch videos, live streaming, TV serials and any of our missed programs within our mobiles and PCs. Showbox
    All we need is a mobile or PC with a very good internet connection. There are many applications by which we can enjoy videos, our missed programs, live streaming etc.

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