The Verdict is in: Condoms not that serious anymore!

Lack of condoms not a serious violation, panel says in three judge ruling


SAN FRANCISCO — A three person panel has ruled that Treasure Island Media’s failure to use a condom in a 2009 adult shoot was not a “serious violation” of Cal/OSHA regulations, and assessed the company a mere $685 — a reduction of 96% from an original fine of $18,000. The ruling is precedent setting.



Attorney Karen Tynan, who tried the case for Treasure Island and performed the appellate work, says the ruling a game changer for the adult industry, and a sharp rebuke of the AIDS Healthcare Foundation, which brought the complaint.


For the past six years, AIDS Healthcare Foundation has wasted Cal/OSHA’s time, resources and patience for the regulatory equivalent of a missing Band-Aid. This is a huge win for Treasure Island and the adult industry,” Tynan said. “Hopefully, this is also a win for Cal/OSHA, since AHF no longer has much credibility in bringing these cases. They’ve been wasting millions of taxpayer dollars a year that could be going to actual prevention.”


Over the past decade, AIDS Healthcare Foundation has filed numerous complaints against adult companies for failure to use condoms in adult film, often without any interest from the performers involved in the shoot. Treasure Island’s film, which involved not only condomless sex, but a turkey baster and a two gallon jar of semen, was an extreme test case for the Cal/OSHA regs. Still, the panel ruled the lack of condoms was only a minor infraction.



“We’re very pleased with the Cal/OSHA ruling,” said Matt Mason, General Manager of Treasure Island Media. “At the end of the day, the agency was just doing their job in responding to a complaint. I suspect they’re as annoyed with AIDS Healthcare Foundation as we are.”

Treasure Island founder Paul Morris defied AHF by funding the defense with revenue from another controversial release, The 1000 Load Fuck.


Mason, Tynan and Morris resisted calls from Cal/OSHA to settle the complaints early.  


“Paul Morris funded a trial and allocated the resources to give us this success” said Tynan.  “After a four day trial against two Cal/OSHA attorneys and two inspectors on the case, for the penalty to be $685 is just terrific.”


“This was a matter of principle, not money,” said Mason. “This was an attack on our rights, and the rights of our models. Michael Weinstein may not like what we do, but he has no business telling us how to do it.”

Written by Mike Stabile
TWITTER: @mikestabile


1 comment
  1. Years ago when detection was very difficult and there was no treatment, barebacking usually contributed to the death of the participants within a very short time frame., During that time period, CAL/OSHA would have had a basis for their assertions, but not today. I am not sure of the exact dates that the situation changed, but it has.

    Today, what I see is a parallel with the medical professions informed consent policy. Participants need to gather all the information they can gather, meet with someone who can answer any questions they might have, and accept personal responsibility for the consequences of the decisions they make.

    Testing today makes it easy to determine the HIV status on each person.

    Effective medical treatments are available today that were not available in the 1980’s or 1990’s.

    Despite the many fears of significant consequences or reinfection I have read nothing that actually supports that argument.

    If each party to the agreement is informed as to the risk and consequences of the actions covered within the agreement, then each person is free to accept or reject that agreement on an informed basis.

    Those who call themselves conservatives often argue that personal responsibility is lacking in this country, but these same so called conservatives do all they can to stop people from taking that responsibility.

    Decades ago this country designed developed, built, tested, and deployed the most sophisticated weapons in the world and did it in very short time frames. Medical research teams also developed, manufactured, tested, and distributed effective treatments and vaccines in similar time frames.

    Today, because of the power and influence of a few Defense Contractors, those time frames and the resulting expenses are increased by astronomical factors because the contractors tend to milk the government when they can.

    I have no evidence of this, but I suspect that the medications that will cure or prevent the spread of HIV have been delayed many years because the treatment of the illnesses is far more profitable than curing or preventing them.

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