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Regulation of the Day 81: Porn

Marginal Revolution’s Alex Tabarrok points to a proposed rule in California that would reclassify adult film actors as being subject to certain employment regulations. The unintended consequences are potentially fatal:

California's anti-discrimination laws prohibit requiring an HIV test as a condition of employment; therefore the adult film industry's current testing process, in which every performer is tested for HIV monthly, would be illegal. Nor would adult film producers be allowed to "discriminate" by refusing employment to HIV-positive performers. As a result, untested and HIV-positive performers would be able to work in the industry, raising the risks of HIV outbreaks--particularly since condom breakage or slippage can occur.

Sounds like regulators and activists need to think that one through a little more carefully.