Ehline Law Blog about Work Comp
Jan 8, 2019
California Porn Restrictions - Government Overreach or Fairness?
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. Along with diseases for which there are no known cures. In fact, a few well-trained lawyers have the experience and training to undertake positive steps on behalf of hurt dating partners. Even those who got infected during a "one night stand" situation. The law is clear, even if a spouse's contaminated by their significant other. The infected partner may become entitled to sue under many different theories of civil law. 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. Then engage in sex acts and other types of risky activities. While 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. It becomes tough to sue those fellow swingers, or wife swappers, for example. But this is because the parties to these physical acts all knew or should have known. That certain people would get infected with a disease was plausible and probably from the start. Sex Cases Are Hard 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 these group sex type infections are tough cases to win. Simply due to social issues and public views of morality. It is 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. For example, a herpes infection suit involving a swingers club. Porn Stars and Place of Employment Laws - Civil Lawsuits. The situation gets a little trickier for employers, however. When there is a porn film involves double penetration and other riskier sexual acts. 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. The risk to the female actress is getting eye herpes and other diseases entering her body via her tear and eye ducts. The risk to the female star is eye herpes. And other diseases entering her body via her tear and eye ducts are possible. So although the adults have consented to these acts, the state decided it needs to step in and protect people from themselves. So the state is a sort of nanny. But this is because there are Draconian employment laws in California. The state has placed itself under a duty to protect workers, even if the risky activities have consented to these acts. Workman's Comp and Lawsuits. Just imagine the Workman's Comp claims and costs of Protease Inhibitors, for example. When multiple workers all come down with AIDS after a homosexual porn video, politicians freak out. Economics come into play. It costs the state a fortune to treat AIDS. 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. Arguing that actors had "constructive knowledge" that his or her actions would lead to herpes. An actor could argue that the defendant engaged in high-risk behavior somewhere else. An example could be unprotected sex with multiple partners or sex with prostitutes. Then that defendant failed to inform his or her employer at the film company, or other actors and actresses. There is Always a Lawsuit Risk? So if a sex partner during a movie, infects another actor with hep C, there is always the risk of a lawsuit. Even if the parties signed a waiver, you could not waive away intentional or negligent acts unknown to you. But that 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. Enter The California Porno "Goggles Law." For years the state seemed like the perfect place to open up or expand a business. It's perfect weather and 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. 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. 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. Condoms are needed for all film shots. Then all on the set would have to wear goggles to protect against bodily fluids. You can read the California OSHA Board directive here. The industry is up in arms over yet another overreach in the industry. One that provides an estimated $7 to $13 billion to the state every year. Conclusion. The erosion of freedom is not always noticeable right at first. There are often a series of small events that regulators put in place. For the "common good" that 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 the goose that lays golden eggs. Under the guise of protecting us from ourselves. 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.
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