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Judge Refuses To Mandate Condoms In Porn

on December 23rd, 2009 by B.Graff

Fans of bareback porn can breathe a sigh of relief — a Los Angeles judge has dismissed an attempt to require porn studios to use condoms in their films.

The AIDS Healthcare Foundation had filed a petition in July to force the LA County Public Health Department to require the use of condoms in porn films, charging that they “passively observed an ever-growing epidemic” of HIV infection in the adult industry.

Debates on the health status of adult performers were fuelled by news that an actress tested positive for HIV and the release of statistics showing nearly 4,000 cases of sexually transmitted diseases since 2004, including 18 additional HIV cases.

The industry’s Free Speech Coalition responded with a proposal for safety precautions that would be adopted by studios, but mandatory condom use was not one of the suggestions.

Judge David P. Yaffe rejected the Foundation’s petition, stating public health officials have broad discretion when it comes to carrying out their mission.

It is understandable that the industry would resist adopting condoms as the norm. Even a casual observer can’t help but notice that there seems to be a much greater demand for “raw” or “bareback” films than for safe sex.

Opinions on porn run the spectrum from condemnation to avid support, but fundamental questions remain unanswered:

a) Should exposure to a STD or HIV be considered an occupational hazard for performers?

b) Do studios have a responsibility to protect their performers, or should they simply give audiences what they want, regardless of the health risk?

c) Should consumers feel guilty about preferring unsafe sex practices in movies, or does that increase the thrill of watching them?

The adult industry may have dodged a bullet thanks to Judge Yaffe, but you can be assured that these issues will not go away for long.

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