Update: HIV-Positive Models to Get Banned From Porn?

As we’ve been discussing the last few months, the battle has been heating up in California between virulently pro-condom activists and the porn industry at large. Yesterday, that battle came to the floor of a California state assembly committee.

Gay Porn Blog reports first-hand that the arguments in support of Assembly Bill 1576 (AB1576) have all the same confusion and panic behind them as the early days of the AIDS epidemic in 1983.

AB1576 would not only require condoms for all shoots in California, gay and straight, it would require reports to the state on biweekly HIV test results of all performers, and it would ban all HIV-positive performers from the industry. [Update: It seems many in the industry have been confused about the provision about HIV testing, and AVN is reporting that AB1576 would not necessarily ban HIV performers from performing, but only to report their status. And to repeatedly get tested, regardless of status, every 14 days. And it would require them to wear condoms even when performing with other positive performers.]

On the one side of this debate, you have misinformed politicians who are hearing that people in the porn industry are getting infected with HIV in the workplace — something which has not happened on the straight side since 2004, and which can not be proven in the case of former Kink performers Rod Daily and Cameron Bay, who in all likelihood became infected in their personal lives but who nonetheless are testifying for the cause of condom-only porn now.

The pro-condom AIDS Healthcare Foundation is also using a separate tactic to get companies like Treasure Island Media and Kink.com fined by the state workplace safety authority, Cal/OSHA.

On the other side, you now have some fairly ignorant people on the straight side of the porn industry, where condoms have always been basically verboten, who are now calling this a “gay disease” and sniping at “crossover (bisexual) performers, who should be outed and exiled,” basically blaming the men who shoot both gay and straight form for bringing this problem to their doorstep.

Gay Porn Blog writes:

I was — and still am — vigorously in support of workplace safety. However, I also know that there’s something wrong in having the state say tell gay men that regardless of viral load, regardless of whether they use a condom in their personal life… that if you’re HIV-positive you need to be cast out. Nevermind that in the past few months, several studies have come out showing that it’s near impossible to transmit the virus from someone with an undetectable viral load, or to someone who is taking a medication like Truvada. This bill — and the moral panic behind it — is from another era.

This is not to say that the practices of some companies on the bareback/gay side have been irresponsible over the years, and it’s hard to say how many models have been infected as a result.

But the moralistic, and at times needlessly sensationalistic activism in support of condoms-only porn is leading toward the casting out of all HIV-positive porn models as pariahs.

Companies like Kink.com are already threatening to take their entire business out of the state, likely to Nevada, and on the LA-based straight side of the industry, condom-free shoots are already happening largely in Las Vegas in order to avoid the risk of fines — after a law passed in L.A. County in 2012 requiring condoms for all shoots.

It remains to be seen if this bill, which passed in committee yesterday, will become law, because California’s state politicians have yet to hear the sound of tax revenue flying on over to Nevada.

[Gay Porn Blog]
[AVN]

18 thoughts on “Update: HIV-Positive Models to Get Banned From Porn?”

  1. The so-called “update” shows that the whole premise of the article is false. Clearly the author never read the bill before writing the article yet now this article is being reprinted and/or linked to from here and other websites. This is the definition of irresponsible journalism. The only thing the law requires is testing every two weeks. The test done in the industry for HIV measures the virus, not antibodies, so it can show a recent infection in as little as 2 weeks or less, thus the reason for the 2 week requirement. The first time I took that test at Magnet in San Francisco I was somewhat taken aback when the result came back, not negative or positive but “undetectable”. As long as I remained negative, that’s not a word I ever expected to hear as a test result. But then it made perfect sense. The test is measuring viral load. Duh!

    Although the law does not mandate any particular remedy, the worst one SHOULD be that anyone who has a detectable viral load, just like someone who tests positive for STIs like Syphilis or Gonorrhea, not work until their tests come back undetectable for HIV or negative for other STIs. And even that is not mandated as long as condoms are used and the other models are informed of the risks. If someone is fired for being HIV positive they can bring a discrimination lawsuit. Though a win is not guaranteed because the law makes exceptions when there is a legitimate risk of transmission, given the current scientific knowledge about the risk of transmission for people with HIV with an undetectable viral load, this might be the perfect time for a test case in court.

    I fully support this law. On the condom issue (but definitely NOT on Truvada), I support AHF and Michael Weinstein. I feel the acceptance of barebacking (both in porn and more importantly – but not unrelatedly – in real life) is a stain on the gay community just like, as a black man, I feel the acceptance of music that glorifies violence, misogyny and homophobia is a stain on the black community.

  2. why would anyone knowingly have bb sex for the sake of making a movie….they really dont pay models much of anything at all and no matter what you say about undetectable or prep etc…theres still a risk, yes a smaller risk but a risk…so again, WHY take even a small risk for a fucking movie role?? and as far as the whole testing thing an actor can get hiv and it may not show in the test if the test is done very near the infection date..or an actor can get tested then go bb before they shoot. personally i just got too freaked out by guys lying to me about status i finally just stopped fucking, although i always used condoms shit can still happen, yes i miss fuckin but then i always remember what it was like waiting for test results..

  3. I don’t think I could give my true opinions on this subject without getting flamed up one side and down the other, so I’ll just not bother.

  4. AHF has long masqueraded as an AIDS organization, but has been very negative towards positive people often casting them as demons. I remember a campaign that they ran in West Hollywood where they put up billboards showing the horrors of HIV positive people. A kind of “how to identify who is positive and stay away from them” sort of campaign. I get that they want to keep people from converting, but this campaign only furthered discrimination and fear. For an AIDS organization I find they are very insensitive to the victims of the disease. I think it is time to stop patronizing or funding this organization.

    1. Agree 100%. I support local HIV/AIDS organizations specifically NOT affiliated AHF and will continue to do so until Michael Weinstein resigns or is terminated.

    2. That is why I do not give the AHF any donations and encourage others to do the same. There are other AIDS groups that spend the money on HIV/AIDS not expensive lawyers trying to ban porn.

  5. UFC fighters are required to test for HIV prior to entering the ring and they are not fucking or sucking each other in their jobs. It is not unreasonable for people in high risk professions to have health standards that protect all the individuals involved. To characterize HIV testing as a ‘witch-hunt’ is naive.

  6. … how is it even possible to ban a faction of people from a line of employment based on medical history? I feel like that would have to violate the Americans with Disabilities act or something equivalent.

    1. Because always there will be a risk to catch HIV. To have a disability isn’t the same thing to have na infectious viral disease.

  7. The ignorance level about HIV in 2014 is simply appalling. Does anyone even read any more? We now have scientific evidence that proves an HIV positive person, on treatment with undetectable viral load, has 0%-3% chance of passing the virus during sex (ie. anal intercourse.) We now have PrEP, and when taken daily as instructed, scientifically it shows to be 90%-99% effective in prevention of infection. There are new treatments in the pipeline, for example a once-a-month injection of Truvada, that prevent infection or control infection to undetectable levels. Gene therapy is also on the horizon and has shown strong results in suppressing and maintaining the virus to undetectable levels.

    It is also completely SHAMEFUL that AHF (ie. Michael Weinstein & Co.) have taken valuable financial resources and WASTED them on fighting the porn industry, fighting against PrEP, etc. What started out as a great organization has, like so many other, become irresponsible, greedy, power hungry and lost its way. Frankly, the board of directors at AHF should fire Michael Weinstein before he does any more damage to the organization from his personal agenda.

    1. Erik,

      If everything you said is true, and that it’s all working the way it should be, then the disease wouldn’t be an issue any longer. But it is still an issue, and it’s been getting worse in recent years. The drugs have successfully masked the disease, but haven’t cured the disease. And this has given the false impression that HIV is no longer a threat. HIV is still a killer, in spite of the misleading information you’re giving.

      1. Very true – despite all the studies and statistics, HIV rates are back on the rise. Especially in the 18-30 age group. Erik, what you fail to address is that there are NO studies on the effects of long term HIV medications on the human body. Any information on this topic has been very negative. Liver failure, bone density problems, heart problems – the list is too long.

      2. My information is not misleading; rather, and many doctors conquer, HIV 2014 is a chronic manageable condition with treatment not unlike MS, diabetes, etc. The time is NOW to evolve our thinking on this subject and lay to rest the hysteria mantra that so many want to keep alive. Of course it is best to NOT have HIV or MS or diabetes, etc. but the reality is thess conditions are a fact of day-to-day life. We continue to place HIV on a “special mantel” where people are shamed, rejected, humiliated, ostracized, scolded, etc. only fueling the problem, it’s got to stop.

        1. Dayton O'Connor

          to everyone in this conversation thread besides Erik I think you all are misguided and misinformed. Your part of the problem with you poz-phobic mindset. HIV is on decline. its when one person lies about being either undetectable or on PrEP that is slowing the progression. not many gay males in the U.S. take Truvada and condoms are not an end all to this matter. Infact they are less to stop HIV then being on PrEP. EDUCATION PEOPLE STOP LIVING IN THE STONE AGE!!!

    2. Sorry, but “scientific evidence” isn’t ” scientific statement”. “…in the pipe line”, ‘ in the horizon” aren’t : ‘ here to stay’, now, for sure and “irresponsable and greedy” is to support the way porn is make today ( condomless ) because, YES, porn works as a real sexual education class for the young, poor and misinformed.

    3. Dayton O'Connor

      to everyone in this conversation thread besides Erik I think you all are misguided and misinformed your part of the problem with you poz-phobic mindset. HIV is on decline. its when one person lies about being either undetectable or on PrEP that is slowing the progression. not many gay males in the U.S. take Truvada condoms are not a end all to this matter infect they are less to stop hiv then being on PrEP. EDUCATION PEOPLE STOP LIVING IN THE STONE AGE!!!

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