California Upholds Law Requiring Condoms in Porn Movies – and Porn Sta

Did you know that 90% of all commercially produced pornographic films still come from Los Angeles, California? So, when a law governing the making of porno movies passes, one could argue that it impacts a lot of people. In 2012, Los Angeles County passed a law that, among other things, required actors in pornographic films to wear condoms during all vaginal or anal sex scenes. The industry pushed back in a big way saying that the law is unconstitutional in addition to being unnecessary. Earlier this month, the courts determined that this law is not unconstitutional and may be implemented as passed.

Porn Star Opposition to Measure B

The act in question is known as "Measure B" or "County of Los Angeles Safer Sex in the Adult Film Industry Act." Doesn't exactly roll off the tongue, does it? When it came to the ballot in 2012, Measure B was passed with just over 55% of the vote.

Yes, the voting public actually had an opinion on whether or not porn actors should be forced to wear condoms when filming. I don't mind saying that feels like tremendous overreach to me. Some have said that the use of condoms destroys the fantasy elements of pornographic films because it reminds the viewer of real life concerns such as disease and pregnancy. Others, like LA prosecutor Wendy Murphy, claim the law will be tremendously beneficial in keeping women in the industry disease-free.

Shortly after the implementation of Measure B, which also requires that a health permit be purchased and displayed visibly on the set of every pornographic movie shoot, porn actress Kayden Kross sued Los Angeles County. Kross stated that Measure B deprives her of her First Amendment right. I disagree with Measure B, but it's difficult to imagine there's a statement made by bareback sex that can't be made in a safer way.

Other prominent actors that oppose the measure included Tanya Tate, James Deen, Danny Wylde, and Ron Jeremy. In 2012, Kayden Kross appeared on FOX's John Stossel show to explain how Measure B violates her freedom as an artist and to discuss why the porn industry doesn't want or need government intrusion in something so personal and individual.

Supporters of the law include porn great Jenna Jameson as well as the Pink Cross Foundation—which provides support to past and present sex industry workers.

Governmental or Personal Responsibility?

Does the government have a responsibility to protect porn actors from disease? If so, should this responsibility extend to forcing actors to wear condoms during shoots? Porn actors are adults. Many porn participants feel it's no one else's business what they wear at work. Some actresses also claim that condoms make sex more painful—especially considering that some sex scenes shoot for hours at a time. Currently, porn with condoms is considered a sub-genre rather than something intended to have mass appeal. Will this government intrusion result in lower porn profits in the long run?

Will Porn Go Back Underground?

Now that it's determined that Measure B is legal and enforceable, the next question is whether or not it will be effective in halting the spread of sexually transmitted diseases. Kayden Kross claimed that sex workers are tested at least monthly in the porn industry and that the risk of contracting a serious disease is low.

If Measure B is rigorously enforced (presumably, this would mean cops stopping by porn sets often to ensure that permits are in order and willies are wrapped), will porn producers simply pack up and move to a less latex-happy county? Will pornography move back underground where it can be subjected to even less oversight? I can't imagine that would be a good result for anyone.

Whether or not the government should be involved in forcing actors to wear condoms, the law is in place and is being enforced—personal freedom be damned. Time will tell if Measure B will lead to healthier actors and fewer disease transmissions or if it will just make porn less fun to watch.