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November 04, 2015

Under New Condom Initiative, Performers Could Be Sued, Harassed

CANOGA PARK, Calif.—A new ballot initiative that would force mandatory condoms into adult film is expected to qualify for the 2016 ballot this afternoon. It would allow any California citizen to sue a performer if they do not wear a condom while shooting adult film, and has been widely opposed by performers. The Free Speech Coalition (FSC), an industry trade organization representing adult performers and producers, criticizes the proposed initiative as extremely dangerous, saying it would result in the widespread harassment of adult performers. Diane Duke, CEO of Free Speech Coalition, says the initiative will hurt the very people it claims to protect. “If the proposed initiative were to pass, adult performers would immediately be targeted by stalkers and profiteers, who would use the initiative's sue-a-performer provision to harass and extort adult performers. This is an unconscionable initiative that would take a legal and safe industry and push its performers into the shadows. Unfortunately, the proponent of the initiative, Michael Weinstein, is more concerned with his personal moral crusade than the real-life concerns of adult performers. It does not seem to matter to him that this initiative endangers performer’s lives, nor does it matter that his previous attempts to force condoms on porn stars have been opposed by legislators, HIV activists, editorial boards and the performers themselves. We once again call on Weinstein to listen to the performers he claims to be “protecting” and pull this extremely dangerous initiative.” The proposed initiative mandates that all performers in adult films wear condoms, and permits any private resident of California to file a civil lawsuit against performers, producers and any other entity with a financial interest in a film that doesn’t use condoms. Performers have repeatedly voiced concerns that the “sue-a-performer” provision leaves them open to stalkers and other individuals who are just looking for a financial settlement. Performers, who are currently tested every fourteen days, have long protested mandatory condom legislation, expressing that they are unnecessary given the extensive testing regimen. There has not been an on-set transmission of HIV in the regulated adult industry since 2004. Weinstein’s AIDS Healthcare Foundation has also initiated new Cal/OSHA regulations that would require that barriers including goggles, gloves, dental dams and condoms while shooting adult film. Those regulations are expected to come to a vote in 2016 as well. The Free Speech Coalition is the national trade organization to the adult entertainment industry. It's the reason adult content is not specially taxed, the reason young-looking adults can appear in hardcore content, and the reason drawings and animation of young persons aren't "child pornography," among other successes.

 
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