I confess that presenting the rejection of condom use as a Constitutional issue makes me laugh ~ ~ Sooz

Porn film makers sue over LA condom law
By Agence France-Presse
Friday, January 11, 2013 19:15 EST

US porn filmmakers sued Los Angeles County on Friday over a new law requiring adult movie actors to wear condoms on set, arguing that it is unconstitutional.

The lawsuit was filed in federal court by porn giant Vivid Entertainment, Califa Productions and actors Kayden Kross and Logan Pierce against so-called Measure B, voted into force in November.

They claim the porn film industry already regulates itself sufficiently to protect actors against AIDS/HIV and other diseases. It also violates the First Amendment right to free expression, they say.

“Overturning this law is something I feel very passionate about,” said Steven Hirsch, founder of LA-based Vivid Entertainment. “I believe the industry’s current testing system works well.”

Since 2004 over 300,000 explicit scenes have been filmed with no transmission of the HIV/AIDS virus.

“Measure B will have vast unintended consequences which may undermine industry efforts to protect the health of our actors and actresses,” said Hirsch, claiming it will drive production abroad where there is no protection.

California porn film makers were forced to suspend production temporarily in 2011 after an actor tested positive for HIV, the virus which causes AIDS, in the latest such disruption to the multi-billion-dollar industry.

The industry is primarily based in the San Fernando Valley north of LA.

Film LA Inc., which issues permits for film companies shooting in and around the West Coast city, says about five percent of the 45,500 permit days the agency issues per year are for pornographic film shoots.

http://www.rawstory.com/rs/2013/01/11/porn-film-makers-sue-over-la-condom-law/

Geeez--is this sorta like Hobby Lobby refusing to pay for reproductive healthcare? ( in a perverse sort of viewpt? ) Is the whole world going freakin nuts?

I voted for the law requiring the actors to wear condoms -- but I agree, it's unconstitutional.

I'm not sure they even need a law per se--I would think it could be considered an OSHA reg...

There was contention whether OSHA had the authority to enforce condom use or not, and even if it did, the porn industry was widely ignoring requiring the actors to use condoms.

By passing the state proposition, which cemented it into the state constitution, it left no doubt that condoms must be used.

This was written before the state law was passed:

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http://www.aidshealth.org/archives/news ... ate-health

By AIDS Healthcare Foundation
06/30/2010
Los Angeles, California

Press Release

California’s of Department Occupational Safety and Health (Cal/OSHA) convened its first meeting of an Advisory Panel to explore strengthening adult film worker safety regulations in California today in downtown Los Angeles. In March, the Cal/OSHA Standards Board voted unanimously to convene the Advisory Panel in order to take public comment from health advocates, industry officials and the general public on whether—and how—to amend state health statutes to better protect adult film workers. That March action came in response to a petition filed in December by AIDS Healthcare Foundation (AHF) seeking an amendment to broaden the Cal/OSHA’s “bloodborne pathogens” workplace safety regulations to better encompass adult film industry worksites.

During today’s meeting Cal/OSHA official Deborah Gold clarified a point of contention regarding condom use between advocates for condoms and enhanced oversight of the adult film industry and those producers, directors and performers working in the adult industry who oppose mandatory condom use. At one point in the meeting, Gold stated that existing Cal/OSHA state bloodborne pathogens regulations DO cover condom use in adult film productions filmed in California stating, “Let me be clear: We’re not creating a new rule, we’re talking about modifying an existing rule.”

“It was important to hear a Cal/OSHA official so unequivocally say that existing state regulations already require the use of condoms on all adult film sets in California, something that is clearly not happening,” said Whitney Engeran-Cordova, Director of Public Health for AIDS Healthcare Foundation, the group that first submitted the petition to Cal/OSHA. “As we work toward the next meeting of this panel in October, AHF reiterates it commitment to work on improving the health and safety of adult film workers. We will work with both public health officials as well as people from the adult film community to ensure that condom use happens in these film productions.”

Also during the meeting, Robert Kim-Farley, MD, MPH, Director, Communicable Disease Control and Prevention, clarified that Los Angeles County health officials have officially linked eight of as many as 22 possible HIV infections identified between 2004 and 2008 as tied to the industry. Previously County health officials could only connect four of the 22 cases thought to be industry-related as tied to outbreaks or clusters of HIV infection the adult film industry.

Background on AHF’s Petition to Cal/OSHA

AHF filed its petition at the final 2009 meeting of the California Occupational Safety and Health Standards Board (Cal/OSHA) in mid-December in Sacramento. The petition sought an amendment to California Code of Regulations, Title 8, Section 5193 “Bloodborne Pathogens” and asked Cal/OSHA to clarify protections for workers in the adult film industry and to explicitly include a condom requirement. As reported by the Associated Press at the time, (“AIDS group wants rule requiring condoms in porn” AP, 12/16/09) AHF said, “regulations to prevent the spread of bloodborne diseases in hospitals should extend to adult film sets. The current regulations aren’t clear enough.”

“Overturning this law is something I feel very passionate about,”

i can't help but chuckle when the porn industry uses phrases like this.

bmp..................