Adult industry performers say condoms are impractical due to the nature of their work.
Over half of all ballots cast, voted against Proposition 60, an initiative that would have made condom use mandatory when filming penetrative sex.
It would have also held accountable industry producers to provide condoms and healthcare for performers working on set.
Producers would have needed to be licensed by Cal-OSHA, the state’s Division of Occupation Safety and Health, every two years.
Industry professionals shunned Prop. 60 because they feared harassment and lawsuits.
Some believed that if their names were put on public record, fans would have access to their address and personal information which may result in stalking.
“This was a tremendous victory, not only for adult performers, but for science over stigma, and facts over fear.” said Mike Stabile, spokesman for the Free Speech Coalition, who also represents the adult film industry.
Those who wanted to see the law passed said it was aimed more at producers than models, but many performers say they produce their own content.
Condoms in adult entertainment have been required since 1992, but the rule is seldom followed, instead producers require that the talent get tested for HIV every 15 days.
Performers assert that there hasn’t been a case of HIV transmission for eight years.