PVV – mandatory condom use in porn?! (part 2)


So yesterday, in light the proposal to make condom use mandatory in adult films and the advisory meeting with Cal-OSHA that is going to happen tomorrow (6/29/10), I attempted to break down how condom use in porn has already been tried, how it doesn’t work, and how it makes it impossible for the vast majority of production companies to meet consumer demands. I also attempted to explain what steps the industry has taken to protect the health of talent and show how effective their system is. I know, it’s already a lot, but guess what – there’s more!!

So, hypothetically, what happens if Cal-OSHA is able to move forward with this proposal? Well…

Although people certainly generate content elsewhere, California is the only state where it is actually legal to produce adult films a la the California v Freeman (488 US 1311; 1989) decision. This is the main reason why the vast majority of adult film production companies –as in, the legit businesses with secretaries & water coolers & stuff— are located in California.

If condom use is mandated by Cal-OSHA… well, Vegas isn’t all that far away… and Tampa is nice… and, really, who wouldn’t want to live in Chapel Hill?! In order to meet consumer demands, the vast majority of adult film production companies may be forced to either 1) break California law by producing condomless content or 2) leave the state and produce what will then amount to illegal content elsewhere (remember that porn production is only legal in the state of California).

Well then… what if California-based producers got a little creative and stayed in Porn Valley while shooting outside the state?!! More expensive maybe, but possible? Think again – the content would still be illegal simply because of where it was produced (outside the state of CA)… and certainly transporting content that is illegally produced in, say, Nevada or Florida into California where it is illegal for yet another reason (no condoms) must violate at least one or two interstate commerce laws, no? oh, and then distributing that same content around the US… two more?

Which brings me to another issue… As I said, it is only technically legal to produce porn in the state of California, but that certainly does not mean that porn (professional, amateur, and everything in between) is actually only made there. I know it may be difficult because of all the action in the foreground, but check out the background setting of a scene some time. Does that look like the San Fernando Valley to you? California? Does it look like some random bedroom or office? Yes? Well then how do you know where it actually is? How does anyone know really?

If this mandatory condom-only proposal becomes reality, who is going to enforce it? The state of California? Ha! California is currently running a deficit of 19 billion dollars under leadership that doesn’t seem to know its ass from a hole in the ground, but it’s going to take on this? Does it even register that the adult film industry generated 12.9 billion dollars worth of revenue during 2006? I’m going to go ahead and say that Cal-OSHA and the state of California are uninformed, unrealistic, and unprepared to deal with the consequences of their proposed actions here.

Rather than protecting workers (read: talent), mandatory condom use will cripple and destroy an entire industry (but maybe that’s what Cal-OSHA and the state want?). The state of California will lose thousands of jobs and billions of dollars worth of revenue that it desperately needs by attempting to mess with a tailor-made system (AIM, etc) that serves the needs of its target population virtually flawlessly.

Because there is voracious consumer demand for adult content, porn will go underground – illegal, unregulated, and dangerous with no centralized STI testing, no core of producers and leaders, no trade organizations, no nothing while the state fumbles around trying to figure out where scenes are being shot – does that sound safer, smarter, or more efficient to you?

Tomorrow, Diane Duke and members of the Free Speech Coalition; legal and medical experts; representatives from production houses Wicked Pictures, Digital Playground, Hot House Entertainment, and Girlfriends Films; talent including Angelina Armani, the Joanna Angel, and the legendary Dave Cummings; and one scholar (me!) will take the first of two opportunities to share these perspectives and others with the Cal-OSHA board of directors (the second is going to be in October). I’ll let you know what happens, but the meeting is a public forum being held from 10-3:30 at the Caltrans Building in downtown Los Angeles. If you’re in LA that day, why don’t you stop by?

How can you not have thoughts on this?! Email me!!

Coming Soon! – if you want to make things “safer” for talent, what are some realistic options? and what happened at the hearing!?

Oh, and fyi: 12.9 billion dollars worth of revenue annually reported by AVN in “State of the US Adult Industry.” March, 2007.

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* originally posted at www.pornvalleyvantage.blogspot.com (June 28, 2010)

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