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Proposed measure would require condoms in porn

All porn actors working in California would have to wear condoms, under a new proposed ballot measure that Secretary of State Alex Padilla has cleared to start circulating for signatures.

AIDS Healthcare Foundation president Michael Weinstein believes condom use in pornography already is required under laws dealing with blood-borne pathogens, but the industry has largely ignored this and the California Division of Occupational Safety and Health (Cal/OSHA) has failed to enforce it.

He's here to helpSo he’s proposing a separate law that explicitly would require performers in adult films to wear condoms during intercourse; requires adult-film producers to pay for performer vaccinations, testing, and medical exams related to sexually transmitted infections; require producers to get state health licenses at the start of filming and post the condom requirement at film sites.

Producers would be held liable for violations, as would certain distributors; performers, if they have a financial interest in the film that causes the violation; and talent agents who knowingly refer performers to producers who don’t comply.

The Legislative Analyst’s Office and state Finance Department estimate such a law could reduce state and local tax revenue by tens of millions of dollars per year as adult film production either leaves the state or is driven underground, and also could cost the state a few million dollars per year to administer.

In order to qualify the measure for next year’s ballot, Weinstein will have to collect signatures of 365,880 registered voters (5 percent of the total votes cast for governor in last year’s gubernatorial election) and submit them to county elections officials by Sept. 14.

Los Angeles voters in 2012 approved Measure B, requiring mandatory condom use in porn films; the 9th U.S. Circuit Court of Appeals upheld that law in December. Nevada is considering such regulations, too.

Josh Richman

Josh Richman covers state and national politics for the Bay Area News Group. A New York City native, he earned a bachelor’s degree in journalism from the University of Missouri and reported for the Express-Times of Easton, Pa. for five years before coming to the Oakland Tribune and ANG Newspapers in 1997. He is a frequent guest on KQED Channel 9’s “This Week in Northern California;” a proud father; an Eagle Scout; a somewhat skilled player of low-stakes poker; a rather good cook; a firm believer in the use of semicolons; and an unabashed political junkie who will never, EVER seek elected office.

  • Elwood

    Damn’ nanny gummint!

  • JohnW

    Seriously? We get to vote on this? Just imagine the TV ads pro and con. I think there should be a law about using Condom Piercing Bullets.

  • Willis James

    Catholics aren’t allowed to wear condoms to prevent conception.
    Thus passing this new law would effectively prevent Catholics like myself from gaining employment in the industry.
    Is that fair? I think not.

  • JohnW

    You could probably file a religious freedom lawsuit on that. But the law only applies to “during intercourse.” So, that still leaves you with some options.

  • RRSenileColumnist

    Cool. In close-ups, any guy’s member will do.