Porn Stars Must Continue To Use Condoms In L.A. Says Appeals Court

Three judges from the 9th U.S. Circuit Court of Appeals decided that actors in pornographic movies filmed in Los Angeles must continue to wear condoms during sexual intercourse scenes.

They ruled the law does not violate the porn industry’s First Amendment rights of free expression. The industry had contended that the wearing of condoms eliminated the fantasy element inherent in pornographic movies and caused viewers to face up to “real world” concerns like pregnancy and sexually transmitted diseases.

In any event, the industry claimed that it already had sufficient safety regulations in place to protect the health of its actors.

The Independent reports that the judges decided that if the First Amendment argument were accepted, there would have to be a great probability that the audience would understand the intended message the makers were trying to convey by depicting unprotected sex.

Judge Susan P. Graber, writing for the panel’s majority, stated “Here, we agree with the district court that, whatever unique message plaintiffs might intend to convey by depicting condomless sex, it is unlikely that viewers of adult films will understand that message.”

The issue of the use of condoms arose after a number of HIV and other STD cases peaked in the 1980s when some 30 actors died after contracting HIV.

There was a minor panic after actor Darren James tested positive in 2004, and the industry was shut down for 30 days.

The rules regarding condom use were adopted in 2012 following the actions of the Los Angeles-based AIDS Healthcare Foundation. The purpose was to reduce sexually transmitted diseases.

Michael Weinstein, president of the foundation, hailed Monday’s ruling as a “total vindication. The court struck down every one of their arguments,” he said.

Of course, the real result was that production of these movies was simply shifted to other locations, especially Las Vegas.

The filmmakers say audiences just don’t want to see condoms in films. They say that the industry’s safety regulations, requiring actors be tested for venereal disease every two to four weeks, are sufficient.

The appeals court did not accept that argument, citing a letter from the Los Angeles County Department of Health from 2009 stating the rate of venereal disease for porn actors is 20 per cent, compared with only 2.4 percent for the general public.

Whether the porn industry will feel it worthwhile to pursue the case to the Supreme Court is not known at this time.