L.A. County does not have to require condoms for porn actors, court rules
– Kenneth R. Weiss
From http://latimesblogs.latimes.com/lanow/2011/07/condoms-porn-industry-aids.html
Los Angeles County public health officials do not need to require porn industry performers to wear condoms to protect against the spread of AIDS and other sexually transmitted diseases, an appeals court affirmed Friday.
The Second District Court of Appeals upheld an earlier ruling that dismissed a petition from AIDS activists to force the Los Angeles County Department of Public Health to mandate condoms during the filming of hardcore pornography.
AIDS Healthcare Foundation had gone to court to compel county officials to act, arguing that they had "passively observed an ever-growing epidemic" within the porn industry. The foundation argued that the health department had documented thousands of sexually transmitted diseases among adult film stars and attributed the epidemic "to a lack of protection equipment for performers, including condoms."
The county moved to have the lawsuit thrown out, saying the foundation was asking for too much — to take "any and all other reasonable steps necessary to stem the spread of sexually transmitted diseases in the production of pornography."
A Superior Court judge decided to dismiss the case in 2009, ruling that county officials had broad discretion over how they manage public health matters. The appeals court agreed, saying it could not compel the county health department to implement AIDS Healthcare Foundation’s "agenda" to combat sexually transmitted diseases.
"The foundation’s public policy advocacy is better directed at lawmakers to change the laws and workplace regulations," the three-judge panel wrote in a 15-page opinion.
Well the industry dodged a bullet there. Now they need to work harder to make the industry safer for the talent.
Instead of keeping their talent healthy and happy the people that run the porn industry have the belief that talent is a dime a dozen and easily replaceable so they have 0 interest in spending any money to keep the talent safe. They probably say “who cares if we lose a couple girls to HIV+ or herpes, we got 25 girls waiting to take their place”?
Some changes seriously need to be made or the next time there is a major health/disease issue in the industry they might not get so lucky.
This article in it’s current form and title is very misleading.
Cal/OSHA does have the authority to mandate condoms so they are still required. This lawsuit only means the LA Health Dept. doesn’t have the authority.
Performers need to stand up for their own safety and not shoot without a condom. Condoms are required per Cal/OSHA regulations.
Please state the facts correctly so readers are truly informed. The above statement shows how easily it can be misunderstood. The industry didn’t dodge any bullet. Condoms are required, have always been required and will continue to be required!!
Condoms are only “required” based on erroneous language which falsely claims that condoms “prevent” (which they do not) STIs (and STIs do not equal STDs), while ignoring how condoms are toxic, problematic and unsafe. It is also relevent only to employees and not independent contractors. The bullet is a dud, Desi.
Why, Ms. Foxx, the imprint of your benefactor is showing. Don’t be so sure about “always”.
“Performers need to stand up for their own safety…” That’s what scores of them did on June 7th — I’m sure you remember. They stood up for their safety, their rights, and their livelihoods. They stood AGAINST AHF. The idea of replacing the current system with a FAR weaker one is as asinine as it is offensive.
Performers “need” only to exercise their personal autonomy and agency over their own bodies and do with their bodies as they see fit. How would you like it if, on grounds of “public health”, the government began telling women over 18 years of age that they were not entitled to abortion on demand? It’s their bodies, and their lives. These are not minors; they are consenting adults. They can join the army and get their heads blown off in a bullshut war, or they can have sex on camera with or without a condom as they choose.
Private citizens — CONSENTING ADULTS — have the absolute right to decide to have sex with or without condoms. They also have the free speech right to embody that CONSTITUTIONALLY PROTECTED RIGHT in a film or video.
They greatest threat to performers is this campaign of AHF’s — which, as you damn well know, is what drove AIM, A HEALTH CLINIC, to destruction. AHF cares not a whit about performer safety. Michael Weinstein, like LACDPH’s Dr. Peter Kerndt (who cooked the STI numbers WE KNOW KNOW), objects to THE CONTENT of the speech that is condom-less pornography. They say it sends the wrong message. Neither LA County, nor AHF, nor Cal-OSHA, has any right to force a branch of the entertainment industry to make safer sex ads rather than entertainment. PERIOD.
Many more people die from violence or in automotive collisions in a year than will ever even meet an adult performer in their entire lives. Whats next? James Bond in SWAT tactical armor? Vin Diesel keeping it under 65mph in Fast and The Furious 6? This witch hunt leads down a rabbit hole.
The court (above) ruled against having the courts used as a tool of AHF to force its agenda on LA County, which is bound by law to act in its discretion in this matter. One arm of government can’t force another to use its discretion in any particular way — that’s the basic holding here, and it is absolutely sound. AHF will either lose AGAIN on appeal, or cert will be denied by the CA Supreme Court.
Desi Foxx, condom advocate in action:
http://www.blacksoncougars.com/tour/?scene=desi_foxx
Whats funny is Desi pushing mandatory condoms without thinking it through will pretty much kill the SoCal porn market. If you follow the OSHA rules porn stars would have to use condoms for any scene (even a blowjob), wear face shields and wear gloves as well.
Gee, Karmafan, why would a disgruntled ex- porn performer ever want to see anything bad happen to the California porn industry?
Her anger is misplaced. There is nothing wrong with porn itself. Its the douchebags that call the shots that are the problem. Instead of trying to get rid of porn and put all those people out of work she should put some of her venom and anger on the individuals that made her so pissed.
If you can’t join ’em, beat on ’em… until they form a mass mob and beat ya back all at once!
We can play politics all day Jeremy but Ive always towed the line concerning safety regardless of anyones affiliation if you want to lead people into believing that their behavoir is safe and rational be my guest, however I seriously doubt you can disprove the statistics behind my reasoning concerning gay 4 pay performers and hetero performers……….if I get outted oh well collect your checks……and label the dissidents as homophobic despite our logical and uniformed consensus on the state of performers safety
I’m not leading anyone into believing anything, Mr. Mute. I don’t advocate “believing” in general, to begin with. I think believing instead of verifying things has been part of the problem.
Look who’s back – bahamute aka Markus Destin aka Patrick L Norton, PWL conspirator extraordinaire.
Fuck you, you ugly, worthless sack of shit.
If you think the revelations about you so far have been bad then JUST WAIT — if you EVER spread your swill around here again you’ll find that your day of reckoning is yet to come.
Go and tow your line somewhere else, cocksucker.
PS Go suck Donny’s cock some more, you ugly prick
Desi’s kinda like a more civilized and educated DL. Her bitterness comes soley from the fact that porn didn’t want her anymore. The lifespan of an average-looking milf in the spotlight is about a year and a half to two years max these days. Desi thought she could film with big companies for the rest of her attractive life, but found out that was not the case. When the bigger companies don’t want you, you have to start shooting for Mondo Extreme and Sticky Video. Desi was shot-out before she even started and now she won’t rest until porn is banned. It’s definitely personal, but has more to do with her ego than her beliefs.
bahamute = PWL’s GIGOLO CODE
Markus Destin a.k.a. Markus Bestin
(real name Patrick L. Norton) a.k.a. LukeIsBack poster “bahamute”
FACEBOOK: http://www.facebook.com/profile.php?id=1585080779
Here’s his Twitter: http://twitter.com/markusdestin
Name: PATRICK LUTHER NORTON
DOB: 05/02/1984
Gender: M
Race: WHITE
Ethnicity:
SSN: ***********
Driver’s License: ********
Driver State: AL
Address: ******* AL HWY 157, TOWN CREEK, AL 35672
Phone: *******
(NL- we’ve got all the info that i’ve starred. If Baha has anything to say now is the time!)
highschool: Hatton High School, class of 2002
email:MarkusDestin@ShadyLady.com
spartan2260@live.com
Marcus is an internet toughguy who once told me that he only hates gays because when he was in highschool, his best friend(who was a guy)would not touch him.
pwltroll – I saw him at the UCLA School of Law panel on Condoms in the Adult Film Industry, and he is a 1st class weirdo misfit freak. He doesn’t have issues — he’s got a subscription!
What would Pat Norton know about condoms in the adult industry? He is a complete failure. He never made it in the adult industry and couldn’t even cut is as a male prostitute.
Its Pat Norton the failed male prostitute, everyone. He doesn’t even have enough money to own a cell phone or a car.(Read it in one of his PWL private messages. PWL mods asked him for his number)
He also used the internet at the UCLA library to post on PWL. What a loser.
The prostitdude/prostidouche doesn’t know anything about anything, pwltroll. He just likes hearing himself talk. He rambled on endlessly from the audience towards the end of the event.
It was an interesting moment — he and our LIB friend Joe Know (who was also in attendance) were both determined to dwell on the gay side of the adult business. They were the only ones who did, if memory serves — there was no representation on the panel from the gay side of production. It seems to be an obsession they share.
Hey, can you also state for the public record who “Joe Know” is?
As long as he’s retired from annoying us, I don’t see a compelling reason. It’s likely that someone would bother him, and my opinion is: as long as he’s not bothering us we shouldn’t bother him.
I find a compelling reason along the lines of PWL; damage has been done. And even if he/they stop, they still need to pay the price for their constant bashings.
Joe threw around spin, disinformation, propoganda and insults. To me that doesn’t reach the level of PWL, as much as I personally detest the guy. Plus, he has gone away. I don’t feel any “damage” from Joe’s ramblings or taunts. I also do not recall him making any personal threats.
Damn. Is this 1692?
@origen – I agree. No need for a Salem Witch Trial just because someone is a hater with an agenda.
As the brilliant Dave Chappelle sang:
Haters wanna hate / Lovers wanna love
I don’t even want / None of the above
I want to piss on you
FUCK Roy Garcia and his tiny dick! Fat loser wannabe pimp! Roy is one step away from being Regan Senter on his best day. Never could shoot a scene, perform in a scene, or manage a girl without shoving his herpes soaked tiny dick in her at all times. BDD in his dreams!
Ahh… It’s good to see AHF getting theirs in the courts. It’s also good to see Origen back and Joe Know back to the catacombs of the High School library and not trying push his inane, so-called ‘arguments’…
@Voltaire – Joe’s arguments were not simply “inane”, they were the party line.
He’s clearly a frustrated guy who long ago lost any direct connection to the adult industry and the performers he claims to hold in such high esteem. His only opportunity to garner any kind of relevance, or regain a connection, was to inject himself into the AHF-OSHA-LA County-UCLA process as some kind of expert/advocate. Everything he wrote has to be seen through that prism.
AHF will continue to get theirs in the courts, while California taxpayers pay and pay so that entities like LA County and Cal-OSHA can either defend against AHF’s frivolous, politically-motivated lawsuits, or fund the lengthy process that AHF instigated for the same self-interested reasons.
And yes, I too am happy to see the return of origen.
@Michael Whitacre
Respectfully, I still do not, and can not believe that Joe Know was anything but a high school kid who somehow was exposed to those arguments and found it amusing to argue with adults…
I would like to see the court’s look at AHF’s pharmacies and their ‘surplus’ revenue, aka ‘profits’…
@Voltaire – With respect, re: Joe, I know better than that.
No one is claiming his “arguments” were above high-school level (and then again, AHF, LA County and their mainstream media lapdogs used the very same pseudo-arguments to get us where we are now) but I know him to be as I have described him.
Isn’t Joe Know Sc**ty from AIM?
I’m not going to name him on LIB absent what I consider a valid reason.
Well, if he’s not a high-school kid, I can’t imagine he’s beyond high-school educated…
origen Says:
“Isn’t Joe Know Sc**ty from AIM?”
That’s what an anonymous email sent to me claimed, but that person never got back to me following my response.