Los Angeles County residents will vote on what has been described as "one of the most [sexually] explicit" measures ever seen on a ballot this November. The ordinance will mandate the "use of condoms for all acts of anal or vaginal sex during the production of adult films," reports The Los Angeles Times.
The county initiative follows a city ordinance signed into law in January by Los Angeles Mayor Antonio Villaraigosa. That measure mandates condom use by porn performers while acting in areas requiring a city film permit.
The county measure would be more restrictive and was spearheaded by the AIDS Healthcare Foundation, which collected more than 371,000 to qualify for the November 6 ballot. Only 232,000 signatures were needed. HIV/AIDS activists expect the measure will be approved by voters.
The measure is backed by Los Angeles AIDS activists who say porn performers are at constant threat of HIV and sexually transmitted disease infection. "The lives of these performers are not disposable," AIDS Healthcare Foundation President Michael Weinstein told The Times on Wednesday. "This industry is sending out the wrong message about safer sex."
If approved, the measure will require adult film producers to obtain a health permit from the county Department of Public Health, pay a fee, and require the use of condoms for acts of anal and vaginal sex. County officials will have the authority to suspend or revoke the permit for violations, and could follow up with civil fines or misdemeanor criminal charges, according to the AIDS group's petition.
The adult film industry is headquartered in Los Angeles' San Fernando Valley. Porn production companies have threatened to leave the area over the proposed measure, claiming that consumers are opposed to condoms in adult films. Very few, if any, straight porn productions use condoms. In recent years, more gay adult features and internet scenes are going condom free in a practtice known as "barebacking."
"We do not believe that this is a public safety or health issue but rather an attempt to regulate an industry that is already self-regulated," Steven Hirsch, CEO and co-founder Vivid Entertainment told the Huffington Post. "We will continue to shoot in LA county for the foreseeable future."
California's Division of Occupational Safety and Health and some state lawmakers have considered mandating condom use in straight and gay porn and/or additional testing for porn performers. Cal/OSHA fined gay porn studio Treasure Island Media in December 2010 for workplace safety violations that exposed employees to "semen and other potentially infectious materials."
The increasing pressure to regulate the adult industry comes after criticism that producers have failed to promptly report HIV outbreaks. In the summer of 2009, "at least 16 additional unpublicized cases of HIV" were confirmed in gay and straight adult film performers. More recently in October and November 2010, production was halted on several studios after a gay-for-pay porn actor who performed in "both straight and gay adult videos" tested positive for HIV. The actor reportedly did not transmit the virus to any other professional or personal sex partners.
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