Bareback Porn Studio Appeals Citations for Unsafe Working Conditions

A gay bareback porn company is appealing several citations related to workplace safety issues, reported Xbiz on Dec. 3.

The California Division of Occupational Safety and Health (Cal/OSHA) investigated Treasure Island Media after hearing a complaint about the porn film studio in November of 2009, according to the California Department of Industrial Relations. The investigation led to three citations, including a citation for inadequately protecting employees from disease transmission. "On Nov. 5, 2009, Treasure Island Media had failed to write or otherwise establish, implement and maintain an effective exposure control plan," the investigation determined. The company was fined more than $21,000.

The fact that the actors in the company's films were performing without condoms was noted in the report. "Treasure Island Media does not observe universal precautions during the production of their films," the report stated. "They have not instituted engineering and work practices controls to eliminate or minimize contact with blood and semen, including, but not limited to, the use of barrier protection such as condoms."

"We have appealed the citations and participated in the informal conference process and expect to take the matter to a hearing in 2011 with an administrative law judge," the studio's general manager, Matt Mason, told Xbiz.

The article noted that Treasure Island Media has cast several HIV+ actors in its films, and the company touts their participation. But the use of HIV+ actors was not at issue, according to Cal/OSHA's Deborah Gold, who told Xbiz that the citations stemmed partly from unprotected sex and a lack of universal precautions, regardless of HIV status.

"Anybody may be infected, therefore you have to treat everybody's blood and other potential infectious materials as though it can be infectious," Gold noted.

Treasure Island Media is based in San Francisco and was established by film producer and director Paul Morris in 1998, according to a Wikipedia article. The studio's web page lists current releases such as Liam's Next Fuck Flick, which appears under the heading "Bareback," and Suck Dick, Save the World, which is listed under "Swallow." The studio has been controversial in the gay world. According to the Wikipedia article, Treasure Island Media has been barred from being present at gay events like the Folsom Street Fair and International Mr. Leather. The latter event has banned vendors from selling any materials, including videos, that depict barebacking.

In a notification sent in the summer of 2009 to vendors at the 2010 event, the president of IML, Chuck Renslow, wrote, "Though we are now three decades into the HIV/AIDS epidemic, no cure has been found. The CDC and local health officials inform us that new infections are on the rise. And, while we have had some success developing medications that might make infection more manageable, that accomplishment comes at a price.

"Not having experienced the deaths--the loss of loved ones--which preceded these medications, we have an entire generation who may not fully appreciate or comprehend the severity of the situation," Renslow continued. "Too many in our community believe HIV/AIDS is curable or manageable. Too few understand that HIV/AIDS infections dominate life. We believe that it is our duty to inform and educate."

The missive added, "To that end, after considerable discussion, the Executive Committee of International Mr. Leather has decided that it will no longer allow participation in the IML Leather Market by any entity which promotes barebacking or distributes/sells any merchandise tending to promote or advocate barebacking. This restriction will also apply to distribution of gifts, post cards or any other information via our facilities."

The practice of eschewing condom use during anal sex has received criticism due in part to rising rates of HIV among younger men. Even so, observers note that the issue is a sensitive one among practitioners of bareback sex, many of whom feel that safer sex advocates have presented their message in an intrusive manner.

Protecting the Impressionable-or Trampling Free Speech?

An EDGE article from May 24 reported on barebacking, noting that, "The question as to why barebacking has become increasingly popular, both in adult films and in everyday life, has become something of the elephant in the room in the gay community: something that's going on despite the health risks, but really not discussed.

Renslow told EDGE that he supported the right of consenting adults to have safer sex--or to decline it, as they chose. "It's like smoking. If you want to bareback and you know it's going to kill you, that's fine." However, Renslow saw it as his organization's responsibility to promote safer sex practices in any public venue. Explaining the rationale for banning the sale of barebacking content at ILM, Renslow told EDGE, "People new to the fetish scene who don't understand barebacking think it must be okay to do it."

The article cited an online essay by communicable disease expert Rick Sowadsky, who wrote, "For some gay men, the benefits of unprotected anal intercourse (intimacy, pleasure, etc.) outweigh the risks (HIV and other STDs). On the other hand, if two gay men have unprotected anal intercourse, and neither of them is infected with HIV, nor any other STD, then barebacking would be completely safe as far as infectious diseases are concerned. But if either partner has HIV or another STD, then there are significant risks of infection for these diseases through barebacking. Future HIV and STD prevention efforts targeted toward the gay community must incorporate the issue of barebacking."

Either because consumers want to see barebacking depicted on film as a means of fantasizing about a kind of sex they do not participate in, or because they do decline to practice safer sex and wish to see those choices reflected in films, there is a high demand for barebacking videos, the EDGE article noted. Some criticize the production of these videos, while others defend them on artistic and free speech grounds. For businesses, however, simple market pressure mandates the production of bareback video.

Safer sex advocates, alarmed at rising HIV rates, have taken a stand in opposition to barebacking videos. Los Angeles-based AIDS Healthcare Foundation has mounted a campaign to involve state health authorities in the issue. "We're looking at everyone who benefits from putting these performers at risk: the producers, the hotels that show it, the talent agencies that procure the people and the clinic that does the STD testing that serves as the fig leaf for the industry," Michael Weinstein, the head of AIDS Healthcare Foundation, told EDGE.

"Our goal is not have any new clients," added Weinstein. "We want to break the chain of infection. Personally, I lived through the worst of AIDS in the gay community. I lived through a time when safer sex was the norm and 100 percent of gay videos used condoms. We're doing everything we can to return to that time."

One prominent target of the group has been Larry Flynt, whose adult film business was cited to Cal/OSHA for sex scenes sans condoms. The group also has gone after talent agencies that have made it a point to represent actors willing to appear in bareback videos.

Adult film star and mogul Michael Lucas has also spoken out against barebacking videos. "Barebacking encourages those who are living in Iowa, in Russia, in Utah, in South America, in places where people don't know about safe sex, particularly young people who are starting to come out and starting having sex," Lucas told EDGE.

"Usually young people see adult movies first," Lucas continued. "Either they will see bareback films or those with condoms. Hopefully that will make them think that they are there for a purpose. There's a high probability they will copy what they see. If they see a condom being used, there's no 100-percent guarantee that they will use a condom, but it increases the chances."

The AIDS epidemic has driven fears within the adult film industry. A Nov. 8 Associated Press story recounted how the recent HIV+ diagnosis of a porn actor resulted in several major studios suspending operations for a period of time, while individuals who had appeared in scenes with that actor were tested. None of the test results were positive, the AP story said.

Such fortunate outcomes have not always resulted. The AP story noted that in 2004 the porn business was hit by an "outbreak" of HIV transmission. The AP article also said that Cal/OSHA is mulling a change to its policies that would mandate condom use by porn studios. The current provisions do not require condoms, because they simply apply existing medical rules for contact with bodily fluids to porn films. Those rules specify the use of rubber gloves and other protective measures, but do not specify condom use.