Porn & Condoms: Adult Industry Stands Divided

Article courtesy of XBiz

By: Dan Miller

LOS ANGELES — The adult industry remains in opposition with Los Angeles County and the state of California over whether condoms should be mandated in porn, but the biggest debate is happening within its ranks.

In an industry that profits from creating sexual fantasies, the most polarizing question facing it today is whether the use of condoms is enough to destroy them.

Many believe the combination of mandatory condoms and STI testing every 14 days provides porn performers with the safest possible environment in which to work. However others say that condoms do not necessarily reduce the risk of contagion and shooting porn with them results in a critical disadvantage in the marketplace.

“We don’t have our actors use condoms but we adhere to strict testing for HIV and other sexually transmitted diseases,” said Larry Flynt, founder of LFP/Hustler Video. “The reason why we don’t demand they use condoms is because there’s no market for videos with condoms. For some reason they do not sell when condoms are used. It’s like masturbating with gloves on.”

Flynt told XBIZ there is a “psychological barrier that the people who are viewing the films have trouble getting over” when it comes to condoms.

That barrier can not only be a deal-breaker for porn fans, but also for studios producing adult films for profit and the performers who prefer to work without condoms for various personal reasons. And it’s why in a business in which consenting adults use their bodies to earn their living, it should be up to the performers to choose whether they want to use that level of protection while filming a scene.

The condoms-in-porn issue became a controversial topic both within the adult film industry and in the mainstream media during the run-up to the November 2012 election. The AIDS Healthcare Foundation (AHF), which is the largest provider of HIV/AIDS medical care in the country, positioned itself as the most vocal proponent of mandatory condom use. With an annual budget of $750 million, AHF runs a network of HIV and AIDS testing and treatment facilities around the world. It has 10 clinics in the Los Angeles area alone.

AHF orchestrated an aggressive multimedia campaign to urge the passage of Measure B, also known as the “Safer Sex in the Adult Film Industry Ordinance” that requires the use of condoms in the production of adult movies in L.A. County. It passed with almost 57 percent of the public voting “yes.”

“Basically these people who are proponents of condom use, they don’t care about the issue of condoms. They’re just trying to shut the industry down and they found a niche way to do this,” Flynt said. “If you go back over the last 20 years, you can count the number of HIV infections in porn as an example. The average is way below the infection rate in any particular category in the whole country. You have a better chance of getting AIDS from having a one-night stand out in Glendale than getting it on a porn shoot. We’re fighting an uphill battle in getting people to believe this, but it happens to be true.”

The actual enforcement of the condom law is another matter that is far from resolved. Vivid Entertainment, along with co-plaintiffs Kayden Kross and Logan Pierce, in September filed an appeal in the 9th U.S. Circuit Court of Appeals regarding U.S. District Judge Dean Pregerson’s denial of a temporary restraining order in their suit against enforcement of Measure B. That ongoing struggle currently is the adult industry’s most visible response to the passage of Measure B.

But the condoms-in-porn initiative got even more convoluted with the introduction of legislation sponsored by Assemblyman Isadore Hall that would require performers to use condoms in productions shot anywhere in California. The Senate’s decision on the condom legislation now referred to as AB 640 is on hold until 2014 because it was not heard or voted on by the Sept. 12 deadline.

“I don’t think they should make anything mandatory,” Flynt said. “If performers want to work in the industry, that’s their choice. But the performers have to understand that they’re creating a product we have to sell to get a return on the investment, and part of that is without the use of condoms.”

Nina Hartley, who has performed in porn movies for more than 30 years, also opposes mandatory condoms, favoring a “truly condom optional” policy.

“If a performer would feel more comfortable in a scene and therefore more free, I want them to be able to choose condoms without there being negative repercussions, vis-à-vis future employment by that company,” Hartley told XBIZ. “If a performer feels more comfortable not using condoms in a particular movie or with a particular partner, then the performer should not be required to use them because of company policy.”

Hartley, who is a registered nurse as well as an industry activist, strongly advocates women’s and men’s rights to “control their own bodies and what happens with them.”

“As well, it makes no medical sense, nor does it dramatically increase performer safety to mandate condoms when a performer does not want to use them,” Hartley continued.

“Stats show that the testing protocols we have in place have been very, very effective in keeping HIV out of the performer population. And our performer notification protocols quickly find the first- and second-generation contacts of an infected performer.”

Hartley noted that “between 1998 and 2012, porn had two documented cases of on-set transmission of HIV, while L.A. County had 30,000 new cases.”

Three new cases of HIV—none of which were found to have been contracted on a set according to adult industry trade association, Free Speech Coalition (FSC)—clobbered the porn industry this past summer, prompting two separate moratoriums on production. Those cases came on the heels of the second industry syphilis scare in as many years in a case that ultimately turned out to be a false alarm as the performer’s confirmatory tests came back negative.

But less than a week later, the industry faced another crisis when a veteran male performer was alleged to be working in scenes despite testing positive for some form of hepatitis. The performer in question chose to remain silent about the allegations, which still have not been confirmed.

These developments not only placed adult industry testing protocols under increased scrutiny but also re-ignited discussions about mandating condom use in all adult films regardless where they’re shot.

FSC, which led a “No on Measure B” campaign in 2012 and continues to oppose the mandatory condom law in favor of self-regulation by the industry, stated it has a “condom optional” policy for adult films.

“Our policy is performers have a choice whether or not to use a condom,” FSC CEO Diane Duke told XBIZ. “The current testing protocols have clearly worked. These latest incidents of HIV-positive performers have shown that our testing protocols have worked. There were no transmissions on set and we were able to identify HIV-positive people and get them treatment.”

Tristan Taormino, the author, sex educator and feminist filmmaker, said she recently changed her policy on condoms in her movies from a performer’s choice to being a requirement. Her exception would be if the couple is “fluid-bonded” and requests no condoms with each other.

“When I solicited feedback from performers who were given the opportunity to anonymously state what they want, the majority told me they want to use condoms but are afraid to publicly say so for fear of losing work or being blacklisted,” Taormino told XBIZ. “This honest information coupled with the increased incidence of STI outbreaks and issues in the past year, and the three recent cases of performers testing HIV positive contributed to my decision. This is not just about HIV, but the increased incidences of STI transmissions on sets.”

The porn industry’s lack of solidarity and the desire for anonymity on the question of condom use is only increasing. Several high-profile porn performers and studio owners declined XBIZ’s requests for comment on the issue.

Porn performer Alana Evans, a 15-year veteran, told XBIZ she also has changed her personal policy to only using condoms in her scenes, but she does not think that making them a mandate for all performers is the answer.

“I want to work with condoms because I feel it is the safest choice,” Evans said. “Many times I show up for a scene the performer isn’t someone I have worked with before. I don’t necessarily know what others do in their personal life outside of work, nor do they know my personal life. Because of this, I have decided to protect myself, and at the same time, protect the performers I am working with.”

She added, “I do not believe that mandatory condoms is the right choice. Not all performers can work with condoms, so I believe it should be performer choice. But I do believe that companies need to accept condoms and our choice to use them. The biggest battle in this debate is not performer choice or regulation, but it is companies opening their minds to our desire and right to safety, while still being able to turn a profit.”

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Note: This article does not necessarily represent the opinions of Paul Morris or Treasure Island Media. We felt it right to post, allowing each of you to digest, and form your own opinion. We look forward to hearing what you think.