Adult performers CAN be sued:
Most adult performers control distribution of their films as a means to benefit financially from their work. Prop 60 allows anyone in California to sue these workers. No other worker in CA can be sued like workers in the adult industry will be.
Workers OPPOSE Prop 60:
California's Major Newspapers OPPOSE Prop 60:
Civil rights/LGBT organizations oppose Prop 60:
LGBT workers can be targeted for harassment by the new lawsuit created by Prop. 60. Anyone in California can sue LGBT and other adult film workers. That’s why groups such as the Los Angeles Gay and Lesbian Center, Transgender Law Center, and Equality California OPPOSE Prop. 60.
Prop 60 mandates liability if a condom is not visible in every scene:
The lawyers who drafted Prop 60 were very clever and wrote that condoms are not required to be visible, but then automatically impose liability ”However, there shall be a rebuttable presumption that any adult film without visible condoms…was produced in violation of this section.” If a condom is not visible, then ANYONE in California can sue performers, workers, distributors, cable companies, satellite television companies, and hotels who make adult films available for viewing.
Injured Workers are NOT exempt from Prop 60 lawsuits:
The paid political operatives behind Prop 60 have argued they are just trying to protect performers. However, Prop 60 DOES NOT even exempt injured performers from being targeted by lawsuits. In the unlikely event that a performer is injured on set, Prop 60 will allow ANYONE in California to sue the performer.
Married Couples can be sued for performing in their own homes:
With the growth of the internet adult film market, many married couples are using this platform to film and distribute rom their own homes as small businessmen/women. Prop 60 allows ANYONE in California to sue these married couples simply because a condom is not visible in every scene. Nowhere in Prop 60 are married couples exempt from these lawsuits.
Cal/OSHA has not confirmed an on-set transmission in more than a decade:
The adult film industry is heavily regulated by county, state, and federal government. The industry and performers also follow advanced pre-shoot testing protocols. With these precautions there has not been a single on-set transmission of HIV in over a decade. In fact, Cal/OSHA has not cited a single adult film production company for the transmission of ANY STI for over 12 years, since the industry implemented enhanced testing and safety protocols.
Out of state Adult film production is legal in every state:
Some production companies already shoot in a variety of states, including Nevada, Arizona, Oregon, Florida, and New York. AHF’s claims that the industry cannot leave the state are not true, and you’ll note there are no legal references to this claim. Keeping California the center of production provides more effective protection for performers because of the advanced health care protocols and network of support services for these performers.
Will Prop 60 be paid for by tax dollars?
Yes. State employees who review Prop 60 complaints and adult films for condom use, are paid for by taxpayers. State employees will evaluate producers for a license every time there is a film. This will divert these state employees away from monitoring health and safety violations in other industries. There are 16 oil refineries processing millions of barrels of oil per day in California and over 450,000 agricultural workers in California that will be ignored so state employees can focus on porn.
Who is behind Prop 60?
Michael Weinstein, The Executive Director of the AIDS Healthcare Foundation (AHF) has campaigned against the adult film industry for years filing dozens of complaints, filling lawsuits, and protesting. AHF wrote the language of Prop 60 and is the only group to put money into the campaign. AHF has spent almost $ 3 million so far.
How does Michael Weinstein benefit from Prop 60?
Prop 60 grants the Executive Director of AHF — and every resident of California – the authority to overrule Cal/OSHA and file lawsuits against everyone involved in the distribution and production of adult films, including performers. AHF keeps a percentage of any fines collected, and also have their attorney fees covered. AHF has wanted this authority since 2009 when AHF and Michael Weinstein began their crusade.
Will Michael Weinstein have more power than the Califorina Attorney General?
If the California Attorney General determines Prop 60 is unconstitutional, Prop 60 grants Michael Weinstein — and only Michael Weinstein — the authority to overrule the California Attorney General and defend the measure in court. He becomes an official agent of the State of California, his legal fees are paid for by taxpayers, and he cannot be removed from this position by a vote of both houses of the California Legislature.
Is there a financial limit to the amount of tax dollars spent on lawsuits against workers?
No. There is no limit to the amount of resources used in any given complaint.
Imagine the attorney fees generated.
Lawyers for civil cases regularly petition to receive over $400 per hour.
Will Prop 60 use tax dollars to pay state employees to watch porn?
Yes. State employees from Cal/OSHA will be used to review porn and watch films to ensure that condoms are visible. State employees have to review every film that receives a Michael Weinstein complaint.
Could Prop 60 cost Millions of dollars to implement?
According to California’s nonpartisan fiscal advisor Prop 60 could cost taxpayers “MILLIONS OF DOLLARS” each year; money that could be spent on education, health care, libraries, police and fire services.
Will Prop 60 prevent the spread of HIV?
No. The response from the United Nations UNAIDS program on HIV prevention (in partnership with the World Health Organization) is early education and community-based programmes appropriate for adolescents before sexual activity starts. UNAIDS states the following challenges affecting the spread of sexually transmitted diseases, including HIV:
* Many cases are asymptomatic
* Reluctance to seek health care
* Difficulty of notifying spouse or sex partner(s)
* Unavailability or unsuitability of STD services
* Ignorance of STDs, their causes, symptoms, cures and possible consequences
* The prescribed treatment is substandard
At its core Prop 60 is not a law outlined for fighting against the threat of HIV as a widespread public health risk. Rather, it makes working professionals who rely on the adult industry vulnerable to harassment in California and sets a dangerous precedent for broader legal implications.
Can you be against Prop 60 and Pro Public Health?
Absolutely, and we are! Voting NO on Prop 60 does not diminish one’s support against the widespread threat of infectious disease(s) as a public health risk. Recommending a methodological approach to public health starts with real grass roots efforts within the public arena and not by targeting the film industry.
Is it true that Public health experts OPPOSE Prop 60?
Do Adult Performers currently test for HIV/STIs?
Yes. Performers test for HIV/STIs every 14 days, and use other prevention options too. There have been no HIV cases in the adult industry in 12 years. Prop 60 wants to take away STI testing as prevention and other safety protocols and use condoms as the only option.
Does Prop 60 hurt workers?
Prop 60 lacks any true workplace safety procedures. Instead, Prop 60 pushes workers away from their tried and true testing protocols and from an open and transparent workplace into the shadows of the underground economy.
California has a list of “High Hazard Industries” compiled by Cal/OSHA every year.
The adult film industry is not on that list, and the massive manpower shift contemplated under Prop 60 takes away from the needs of these High Hazard Industries’ workers.
How many work related deaths have there been in the Adult Industry?
Zero! Zilch! None! Unlike other industries such as farming, transportation, and construction where there have been 100’s of reported deaths each year, the adult industry has never had one. These work related injuries and fatalities can be reduced or possibly avoided if Cal/OSHA’s already limited resources weren’t stuck behind desks watching porn and investigating studios. By law, Cal/OSHA must investigate any complaint submitted.
Will Prop 60 allow stalkers and overzealous fans to obtain the legal names and addresses of adult performers?
Yes. Prop 60 will violate the privacy and threaten personal safety of workers by revealing legal names and home addresses in the early stages of the legal process. Prop 60 not only allows but also incentivizes (25% reward) anyone living in the State of California to file a lawsuit against performers and other workers even if the State determines there is no basis for the lawsuits.
Does Prop 60 divert state resources from monitoring workplace injuries other than the adult industry?
Yes. Prop 60 will divert state resources from monitoring workplace injuries in other industries that have reported fatalities such as manufacturing, agriculture, and construction. Like many state agencies, Cal/OSHA has limited fiscal and personnel resources. Diverting precious resources toward adult entertainment is unwise and reckless.
“great example of out-of-touch bureaucrats meddling in a world they know nothing about”
“puts the $9 billion adult film industry in the hands of one person — Michael Weinstein — the backer of this initiative. Performers, who often use screen names, could have their identities and addresses made public, a feature that invades privacy and could lead to harm from stalkers.”
“Allows any resident of California to file a lawsuit against adult film performers and businesses that make adult films available for sale and presumes liability if a condom is not visible.
Adult film performers may have to disclose their legal names and home addresses. Proponent authorized to become a state employee with removal only by a vote of the Legislature.”
- Debriefing of Prop 60 in San Francisco
- Julia Ann on the “Heidi and Frank Show” (KLOS)
- The Maverick AIDS Activist to Porn Police? The Man Behind Proposition 60
- All Things Considered, debate between Siouxsie Q and Derrick Burts
- Adult film star Julia Ann chats with “The Morning After”
- The Mo Radio Show
- Pat Thurston: Prop 60 Debate (KGO 810)
- Prop 60: Condoms in Porn (94.1 KPFA)
- Christy Canyon Show on Serius XM
- John and Ken Show (LA’s KFI 640)
- KBFK News Radio with Ryan Harris