AB 332 Stalls After Appropriations Committee Meeting

(l to r) Attorney Karen Tynan and Kink.com director Princess Donna at the state capitol

This morning in Sacramento, proposed “condom” legislation Assembly Bill 332 was presented to members of the House Appropriations Committee. Sponsor of the bill Assembly Member Isadore Hall III (D-Compton) waived his opportunity to speak on the legislation and AB 332 was sent to suspense file by the committee. Free Speech Coalition is pleased that AB 332 legislation has not moved forward today out of committee.

Representing adult industry opposition to AB 332, labor attorney Karen Tynan stood ready to deliver a statement to the legislators, focusing on the financial pitfalls of the regulatory scheme. Tynan also hoped to speak to the process already started with state regulatory agency Cal/OSHA, to establish industry-appropriate regulations for adult film productions.

“My testimony was meant to explain and emphasize the incredible waste of taxpayer money that will result if AB332 is enacted,” Tynan said. “Cal/OSHA has a process where they have stakeholder meetings and attempt to create feasible regulations. We are still in that process with the draft regulations pending revisions. AB332 demands that the state legislature throw out all that work and start over with the AHF plan.”

Testimony would have also outlined the potentially enormous costs to taxpayers if AB 332 is passed, not only administrative costs, but also in a significant loss of jobs and revenue for counties in California as adult producers are pushed to other areas for production locations.

“Committee members with adult entertainment businesses in their districts should be reminded that these businesses create jobs, pay taxes, and should have a voice in this process,” Tynan added.

Kink.com founder and FSC Board Member Peter Acworth also attended this morning’s meeting with a contingent of performers and industry professionals. Acworth also had prepared a statement, but left the meeting without delivering testimony.

“We got here at 5:30am and spent most of the day,” Acworth said. “But we’re happy the bill has been put in suspension. I hope this is the end of the bill. I remain a strong advocate for performer testing and the APHSS.org database system.”

Representatives from AIDS Healthcare Foundation (AHF) and other AB 332 supporters were apparently not in attendance at this morning’s meeting.

 

Call to Action: Please FAX House Appropriations Committee to Oppose AB 332

Free Speech Coalition is issuing a call-to-action to all its members and opponents of Assembly Bill 332, the proposed bill to mandate barrier protection in adult film productions in California. AB 332 is scheduled to go before the State Assembly Appropriations Committee on May 8.

Below you will find a letter that can be copied and pasted into a document and then FAXED to the Appropriations Committee representatives listed below. Please, reach out to these legislators by FAX to tell them that you oppose AB 332. We have been advised that FAX is the most effective platform for communication.

Please, send your message before May 8 and help us fight the good fight. Now is the time to come together and voice your opposition to AB 332 – before the industry is driven out of California, or another dime of taxpayer money is wasted on this poorly written law.

For more information on AB 332, or on how YOU can help oppose condom laws, contact info@freespeechcoalition.com or call (818) 348-9373. Thank you for your help!

 

Dear [decisionmaker],

Assembly Bill 332 is being brought before State Assembly Appropriations Committee, authored by Assembly Member Isadore Hall III, (Democrat, 64th District – Compton) and co-authored by Assembly Member Richard Bloom, (Democrat, 50th District – Santa Monica).

This proposed legislation is overbroad and was written without the input of those most affected by it – the producers and performers of the adult film industry. If allowed by California lawmakers, AB 332 will effectively drive the adult industry out of California to areas where responsible, appropriate regulation will be difficult, if not impossible, to enforce.

Mandating barrier protection use will effectively drive adult producers out of California, taking thousands of jobs and billions in revenue with them. A recently reported dramatic drop in requests for adult film permits in Los Angeles County clearly indicates that the adult film production industry does not support the local Measure B “condom” ordinance, and that it absolutely opposes AB 332.

AIDS Healthcare Foundation (AHF) has been the only sponsor of this legislation that is an offshoot of the Measure B legislation passed in Los Angeles in November. Presently, adult producer Vivid Entertainment and two other plaintiffs are suing the County of Los Angeles because of Measure B; at the very least, any decision on state legislation should wait until a decision is delivered in the local case.

While AHF would have constituents believe that AB 332 (and Measure B) are based on protocols for workplace health & safety, in fact this legislation threatens to destroy adult film industry self-regulation and a rigorous STD testing program that has proved effective at protecting the health and safety of performers since it was instituted in 1998. AHF has used significant funding (to the tune of more than $5 million by some estimates) and misleading information to sway legislators and the public.

In fact, the adult film industry is a legal and responsible industry. The STD testing program (APHSS.org) was developed to effectively manage risk and has been successful at nearly eliminating “outbreaks” of STDs. There has not been an on-set incidence of HIV infection since 2004. Both producers and performers are voluntarily compliant with the industry-appropriate standards that are currently observed, but that would not be the case if condom (and other barrier protection) use were mandated.

In any case, matters related to workplace safety fall under the jurisdiction of state agency Cal-OSHA; to shift responsibility for enforcement of any workplace safety-related legislation to local municipalities and counties is an unnecessary burden to taxpayers in those locations, who would be charged with providing significant resources and infrastructure in order to provide enforcement of such legislation.

Please, do not support AB 332 – this legislation is poorly written, unnecessarily overbroad and addresses a problem that doesn’t exist. Thank you for your time.

Sincerely,

[Your name]

 

FAX to House Appropriations Committee Members:

Assembly Member Mike Gatto

300 East Magnolia Boulevard
Suite 504
Burbank, CA 91502
Tel: (818) 558-3043
Fax: (818) 558-3042

assemblymember.gatto@assembly.ca.gov

Assembly Member Diane L. Harkey

29122 Rancho Viejo Road, Suite #111
San Juan Capistrano, CA 92675
Tel: (949) 347-7301
Fax: (949) 347-7302

assemblymember.harkey@assembly.ca.gov

FSC, Industry Members Travel to Sacramento to Oppose AB 332

On Wednesday, Free Speech Coalition CEO Diane Duke was accompanied by former performer Lydia Lee (aka Julie Meadows), producers Mo Reese and Lorenzo Marr, and FSC staff on a day-long trip to Sacramento, to stand in opposition of Assembly Bill 332, the proposed California bill that would require barrier protection use on adult film productions.

The bill was presented to the House Assembly Labor & Employment Committee by its backers Assemblymember Isadore Hall III and representatives of AIDS Healthcare Foundation.

Also in attendance were many adult industry members representing Kink.com, Hot House Entertainment, Factory Video, Naked Sword, and several other Bay Area adult companies. Lee and Marr both spoke before the committee, stating their reasons for opposing the “condom law.”

“It was inspiring to speak with so many industry professionals from Kink.com, Hot House Media and Factory Videos, as well as individuals from the community who care about how much more complicated this is than merely a condom proposition,” said Lee. “The opposition has constantly made demeaning comments that conflate the work I chose to do of my own free will with messages perpetuated by anti-porn propagandists, but I am proud of my participation in this process and exercising the voice I have.”

While attendees’ efforts were valiant, the Labor & Employment Committee unfortunately did clear AB 332 in a 5-0 vote later on Wednesday afternoon. The bill will now be sent to the House Appropriations Committee where it faces its next hurdle.

“The trip to Sacramento was a great experience,” said producer Reese. “Of course I’m not happy about AB 332 moving forward, but it was still interesting to see our political system at work. I appreciate the time and hard work both Lydia & Lorenzo put into their statements. It takes a lot of courage to stand up in front of a room full of politicians & fight for what you believe in.

“The outpouring of support from industry members from San Francisco was amazing – I wish we could have seen more people from Los Angeles,” Reese added. “Our fight against AB 332, Measure B & AIDS Healthcare Foundation is far from over; together we can win this. For people who choose to focus on the negative, or on what others should have done, maybe instead ask yourself what it is that you can do.”

FSC opposes AB 332 because it will drive the adult industry out of California, taking thousands of jobs and millions of dollars in revenue elsewhere. This misguided legislation addresses a problem that doesn’t exist by creating an unneeded bureaucracy that will be paid for with California tax dollars. FSC supports and oversees the industry-appropriate system of STD testing for adult performers that has proved to be effective since 1998; AB 332 actually threatens the health and well being of performers by threatening to dismantle industry standards for self-regulation.

For more on AB 332, Measure B or the Los Angeles “Safer Sex” in Adult Film Productions Ordinance – and for info on how you can help oppose it – please, visit StopCondomLaws.com.

(Photo: Courtesy of Ttoolan)

 

FSC, Liberty & Prosperity Now Panel in Vegas this Weekend

FSC Call-for-Action on AB 332 – Write, Call, Email or FAX Legislators

Free Speech Coalition is issuing a call-of-action to all its members and opponents of Assembly Bill 332, the proposed bill to mandate barrier protection in adult film productions in California. AB 332 is scheduled to go before the State Assembly Labor Committee on April 24.

Below you will find a letter that can be copied and pasted into an email or another document format and then sent to the Labor Committee representatives listed below. Please, reach out to these legislators by email, written letter, FAX or phone and tell them that you oppose AB 332.

Please, send your message before April 24 and help us fight the good fight. Now is the time to come together and voice your opposition to AB 332 – before the industry is driven out of California, or another dime of taxpayer money is wasted on this poorly written law.

For more information on AB 332, or on how YOU can help oppose condom laws, contact info@freespeechcoalition.com or call (818) 348-9373. Thank you for your help!

SUBJECT LINE (if emailed): I do NOT support AB 332 – please, stop this waste of taxpayer dollars

Dear [decisionmaker],

Assembly bill 332 is being brought before State Assembly Labor Committee, authored by Assemblymember Isadore Hall III, (Democrat, 64th District – Compton) and co-authored by Assemblymember Richard Bloom, (Democrat, 50th District – Santa Monica).

This proposed legislation is overbroad and was written without the input of those most affected by it – the producers and performers of the adult film industry. If allowed by California lawmakers, AB 332 will effectively drive the adult industry out of California to areas where responsible, appropriate regulation will be difficult, if not impossible, to enforce.

AIDS Healthcare Foundation (AHF) has been the only sponsor of this legislation that is an offshoot of the Measure B legislation passed in Los Angeles in November. Presently, adult producer Vivid Entertainment and two other plaintiffs are suing the County of Los Angeles because of Measure B; at the very least, any decision on state legislation should wait until a decision is delivered in the local case.

While AHF would have constituents believe that AB 332 (and Measure B) are based on protocols for workplace health & safety, in fact this legislation threatens to destroy adult film industry self-regulation and a rigorous STD testing program that has proved effective at protecting the health and safety of performers since it was instituted in 1998. AHF has used significant funding (to the tune of more than $5 million by some estimates) and misleading information to sway legislators and the public.

In fact, the adult film industry is a legal and responsible industry. The STD testing program (APHSS.org) was developed to effectively manage risk and has been successful at nearly eliminating “outbreaks” of STDs. There has not been an on-set incidence of HIV infection since 2004. Both producers and performers are voluntarily compliant with the industry-appropriate standards that are currently observed, but that would not be the case if condom (and other barrier protection) use were mandated.

In any case, matters related to workplace safety fall under the jurisdiction of state agency Cal-OSHA; to shift responsibility for enforcement of any workplace safety-related legislation to local municipalities and counties is an unnecessary burden to taxpayers in those locations, who would be charged with providing significant resources and infrastructure in order to provide enforcement of such legislation.

Please, do not support AB 332 – this legislation is poorly written, unnecessarily overbroad and addresses a problem that doesn’t exist. Thank you for your time.

Sincerely,

[Your name]

State Assembly Labor Committee Contact Info

Assemblymember Roger Hernandez (D)

100 North Barranca Street
Suite 895
West Covina, CA 91791

Tel: (626) 960-4457
Fax: (626) 960-1310

assemblymember.hernandez@assembly.ca.gov

Assemblymember Jeff Gorel (R)

2659 Townsgate Rd Suite 236
Westlake Village, CA 91361

Tel: 805-230-9167
Fax: 805-230-9183

assemblymember.gorel@assembly.ca.gov

Assemblymember Mike Morrell

10604 Trademark Parkway North, Suite #308
Rancho Cucamonga, CA 91730

Tel: (909) 466-9096
F: (909) 466-9892

assemblymember.morrell@assembly.ca.gov

Assemblymember Luis Alejo

Salinas Office:
100 West Alisal Street
Suite 134
Salinas, CA 93901

Tel: (831) 759-8676
Fax: (831) 759-2961

Hollister Office:
Briggs Building
365A 4th Street
Hollister, CA 95023
Tuesdays
10am-5pm
Tel: (831) 638-3228

Watsonville Office:
275 Main Street
Suite 104
Watsonville, CA 95076
Every Wednesday
9am-5pm
Phone: (831) 761-7428

assemblymember.alejo@assembly.ca.gov

Assemblymember Ed Chau

205 South Chapel Avenue, Suite B
Alhambra, CA 91801

Tel: (626) 382-0049
Fax: (626) 382-0048

assemblymember.chau@assembly.ca.gov

Assemblymember Jimmy Gomez

1910 West Sunset Boulevard
Suite 810
Los Angeles, CA 90026-3350

Tel: (213) 483-5151
Fax: (213) 483-5166

assemblymember.gomez@assembly.ca.gov

Assemblymember Chris Holden

600 N. Rosemead Blvd, Suite 117
Pasadena, CA 91107

Tel: (626) 351-1917

assemblymember.holden@assembly.ca.gov

FSC Thanks Opposition to AB 332 Volunteers

(l to r) Attorney Karen Tynan, FSC CEO Diane Duke, director Eli Cross, performer Alana Evans, former performer/blogger Lydia Lee

Free Speech Coalition would like to express gratitude to the industry members and experts that volunteered their time to speak in Sacramento, on opposition to Assembly Bill 332 in front of the Arts & Entertainment Committee at the state capitol. AB 332 was presented to lawmakers on Tuesday.

Current performer Alana Evans, former performer/blogger Lydia Lee (aka Julie Meadows), producer/director Eli Cross and attorney Karen Tynan accompanied FSC CEO Diane Duke to Sacramento, to send a message to legislators that adult film producers and performers oppose mandated barrier protection regulations and, instead, support the current system of STD testing and industry-appropriate regulations.

Ultimately, the proposed bill was passed by the Arts & Entertainment Committee; it may go before the state Labor Committee as early as April 24. If passed by the Labor Committee, AB 332 still has several hurdles to clear – it would then be sent to Appropriations for budgetary approval before being presented to the State Assembly and Senate for final votes.

FSC will continue to lead industry opposition to mandated barrier protection laws and appreciates the efforts, on behalf of their industry, of Evans, Lee and Cross. We encourage all industry members to join FSC and actively support efforts to confront challenges to the industry. For more information on how you can help, please contact  info@freespeechcoalition.com or (818) 348-9373.

FSC Launches 2257DONATE.com

Free Speech Coalition (FSC) has launched a fundraising website, 2257Donate.com, to raise money for the continuing legal effort against 18 U.S.C. § 2257, the federal regulations governing recordkeeping for adult producers.

FSC has challenged 2257 on behalf of industry stakeholders, contending that the regulations represent an unconstitutional invasion of privacy for performers. The impossible-to-comply-with regulations that burden producers also would imprison and fine producers for even slight errors in recordkeeping procedure.

The current suit filed by FSC is in the discovery phase and has been “fast-tracked” by the courts, so that it may be heard as early as June. Attorney J. Michael Murray is representing Free Speech Coalition.

“A successful outcome to this litigation will save millions for adult companies who do business online,’ said Diane Duke, FSC Chief Executive Officer. “Additionally, it will eliminate the threat of jail time for even the slightest of 2257 violations, from incorrect font size on your website, to misfiling of a document. This is our last opportunity to overturn this oppressive and misguided regulation.

“But FSC can’t afford to do this alone,” Duke added. “We need to raise $300,000 in the next few months to fund this successful effort. We need your help. Please give, and please give generously.”

FSC is asking that all industry members – companies, producers, performers and fans – please, donate to fund these legal efforts so that the trial may continue. If current regulations are struck down, it will be a major victory for the rights of producers, performers, distributors and the adult industry overall.

Kink.com founder and FSC Board member Peter Acworth has been working diligently to help with fundraising efforts, and his company has donated $20,000 to the legal effort.

“I am deeply concerned about 2257,” Acworth said. “Just one issue is that 2257 requires a primary producer to share a performer’s personal information and ID’s with secondary producers (‘Secondary Producer’ means ‘anyone with a website’.). This is a clear violation of model’s privacy rights. Moreover, 2257 is impossible to comply with for a live cams product and overly burdensome even for the primary producer. Please let’s stay active during lull in 2257 inspections, and defeat 2257 while there is still a chance.”

Online Buddies, Inc./Manhunt.net co-founder Jonathan Crutchley also voiced concern over the fate of 2257 litigation and the potential for harm that may result from stopping the current lawsuit.

“Adult industry business should unite to beat this regulatory scheme,” Crutchley said. “Though there have not been recent prosecutions, if 2257 is not struck down, the door will always be open for legal action against producers and the threat of privacy violations against performers.”

All contributors that wish to be recognized will be named on the 2257Donate.com site. For more information about 2257 or how you can help, please contact Diane Duke at (818) 348-9373 or diane@freespeechcoalition.com.