Jan 8, 2019

California Porn Restrictions - Government Overreach or Fairness?


parental advice warning on screen of retro orange television
parental advisory warning on the screen of a retro orange television

There are many victims of domestic transmission of AIDS, HIV, herpes, and other diseases for which there are no known cures. Also, only a few well-trained lawyers have the experience and training to undertake positive steps on behalf of hurt dating partners, or porn stars—even those who got infected during a "one night stand" situation.

The law is clear, even if a spouse gets contaminated by their significant other. We know some porn stars take sexual enhancing drugs like testosterone and it can make them extremely amorous and want multiple partners for sexual relations. No matter what, the infected partner may become entitled to sue under many different theories of civil law, as discussed below, and on other parts of the site.

So this might include negligent tort law. But in the porn industry, things can modify the rights of the parties, but maybe not in all cases. This editorial explores the clash between the state and the rights of consenting actors and actresses in porn. Along with the potentially devastating effects of the California economy and freedom, as a result.

Consent To Infection?

The situation changes a bit when both partners or multiple partners are aware of the potential diseases the other partner has. What happens when actors and actresses engage in sex acts and different types of risky activities? What if they want it bareback, so they are not wearing any disease protection. When it is a one on one situation, it is typically easier to win a case. But in cases such as where a female takes on multiple males in a sex party, such as a double vaginal or double anal penetration, it becomes very hard.

Also, it's tough to sue fellow swingers or wife swappers, for example, when someone doesn't even know they have an STD. Besides, everyone knows this is a high-risk activity. So basically, everyone at these parties is said to have consented to the outcome. After all, before doing these physical acts, these kinksters and players all knew or should have known that getting a golden shower or drinking cream pies from a martini glass may infect someone with something. So a disease was plausible, and probably from the start.

Sexual Transmitted Disease Cases Are Hard To Win?

Yes, they are among the toughest cases to win. Of course, an exception can apply. For example, when a sex partner intentionally or even negligently conceals a disease, then infects his/her buddies and sex slaves/partners. But again, these group sex type infections are tough to win. Mostly, their failure in court remains due to social issues and public views of morality. So it remains very hard to find the right jury for this kind of situation.

San Francisco might be a suitable venue. But a conservative town like the City of Orange, in Orange County, might not be such a perfect place to hold a civil trial involving a double penetration, or cuckold "clean up" scene. For example, what jury is going to award money to a vixen who did a bukake at a swingers club and got infected with eye herpes? As a lawyer, you can see the issue right away, right? So private third party claims involving STD are rare. One that could fly is one against Charlie Sheen. I mean, he admitted to having HIV. So if he ejaculates into a sex partner who didn't know, then the child suing him, or female strippers Sheen likes could probably have a chance at assault, battery, and other claims.

Porn Stars and Place of Employment Laws - Civil Lawsuits.

The situation gets a little trickier for employers, however. When there is a porn film that involves double penetration of a woman by several men, and other riskier sexual acts, the fluid transfer becomes a concern. One form activity, such as "Bukake" films, require a woman usually.

Having multiple men masturbate and then ejaculate on a woman's face is an STD risk. And the risk to the female actress is getting eye herpes and other personal diseases entering her body via her tear and eye ducts. Doing a double anal also presents chances of anal tearing and bleeding, or contracting Sepsis or Klamydia. So although the adults may have consented to these acts, the state decided it needs to step in and protect people from themselves.

Here, the state is a sort of nanny. So the state has placed itself under a duty to protect workers, even if they consented to these acts. And this is where worker's compensation "no-fault" laws could help porn stars and others in the sex business.

Workman's Comp and Lawsuits.

Just imagine the Workman's Comp claims and costs of Protease Inhibitors to treat AIDS, for example. When multiple sex workers all come down with AIDS after a homosexual porn video, politicians will freak out on both sides. Democrats will argue in favor of lowering the age of consent, a repeal of prostitution laws, and free medical care. Republicans will say that people should pay the consequences of their actions.

They will assert voters should decide whether the sex trade should be regulated or made illegal. Finally, conservatives will claim that parents, not the state, should decide how their children are raised. Also, economics comes into play. After all, it costs the state a fortune to treat people living with AIDS and other STD-related conditions. Because of this, work comp laws have been written in such a way to limit how much a person can get, and what circumstances they can get the money for enumerated workplace illnesses.

Could We Be Seeing More Porn in the Morning Session?

Court usually convenes at 8:00 am. One wonders if we will be seeing porn cases during the morning session. There is the chance that actors and actresses can clog our courts with lawsuits. Many pundits and defense lawyers will be arguing that these actors had "constructive knowledge" that their actions would lead to herpes and other STDs.

But an actor could argue that the defendant engaged in high-risk behavior somewhere else and failed to disclose that conduct. An example could be unprotected sex with multiple partners or sex with prostitutes while at a sex club like Club Joi in Los Angeles, California. Then perhaps that defendant failed to inform his or her employer at the film company, or other actors and actresses that their recent STD test was no longer valid.

There is Always a Lawsuit Risk?

Yes. For example, if, during a movie filming, one sex partner infects another actor with hep C, there is always the risk of a lawsuit. And this remains true even if the parties signed a waiver. After all, you could not waive away intentional or negligent acts unknown to you. And this remains especially true if the STD is known to the person causing you the harm. So with that in mind, the judicial economy, as well as the state's interest in heavy regulation in the state's porn industry, is understandable. It's also understandable why many porn stars go on to get regular jobs. Just look at some of the absurd laws being considered.

Enter The California Porno "Goggles Law."

For years the state seemed like the perfect place to open up or expand a business. It's ideal weather and a great location. The excellent infrastructure led to a boom in the years following  W.W. II. Instead, today the state struggles under the weight of over-regulation and government overreach.

Businesses and residents flee the state in increasing numbers as its economy struggles. The state's promise appears to be fading due to an over-eager govt hand. Take even the adult industry. The porn industry has flourished due to the state's film studios.

Along with the essential permissive social attitudes, actors and directors came to take part in the business. And this is a company that generated billions of dollars and entered into millions of homes. Now, significant restrictions are threatening to destroy the state's entire adult business just as swinger clubs are becoming a major economic boon.

As discussed in the examples above, the state wants to keep bodily fluids from getting into the eyes of people in the adult film industry. Semen goggles are the solution to our moral regulators and overseers. But this has come under scrutiny after a series of anti-business measures in the state and locally.

The Proposed California Porn Star "Goggles Law" and Other Regulatory Bedfellows.

New rules under the Occupational Safety and Health Administration, or OSHA, may require abrupt changes. Mandatory wearing of condoms for all film shots would mean porn leaving the state for good. Because if they stay, all on the set would have to rubber up and wear goggles to protect against bodily fluids while filming hardcore porn. You can read the California OSHA Board directive here. Most of all, the industry is up in arms over yet another government overreach. And this is an industry that provides an estimated $7 to $13 billion in revenues to the Golden State every year.

Conclusion.

The erosion of freedom is not always noticeable at first. There are often a series of small events that regulators put in place. So for the "common good," restrictions will build up over time. After a while, nearly everything that is not expressly allowed becomes forbidden.

First, it starts as a local initiative. Now it appears that the Golden State is about to kill still another goose that lays golden eggs. Under the guise of protecting us from ourselves, the nanny state is in full effect.

Further Reading:

https://www.dailynews.com/health/20161021/sexually-transmitted-diseases-surge-in-california  Sexually transmitted diseases surge in California.

https://www.dir.ca.gov/dosh/AdultFilmIndustry.html  Health and Safety in the Adult Film Industry.