yes, but if a majority of circus-goers want to see highwire acts work without nets, a circus will want to fill that desire by hiring performers that work without a net, to draw bigger crowds and make more money.
and if that's the case, it would punish those who want to protect themselves. but that's just a theory, because i havent see figures of a side-by-side wage comparison. but it makes sense.
I guess you could try to say it works in the same way some people would perfer helmet laws and drug laws to work, in that you let the people decide for themselves. but this is a different case, as these are entertainers, so if it tickles the crowds collective fancy that someone might die for their amusement, the performers respond accordingly.