Controversial Condom Mandate Dies in Senate

August 14, 2014

Picture 1Performer and Producer Groups Celebrate Successful Battle Against AB1576

AB1576, the controversial condom mandate that was opposed by both performers, producers and civil rights groups, died today in the Senate Appropriations Committee. The bill was the third attempt bill by Assemblymember Isadore Hall to mandate condoms in adult film, and the third to fail.

Diane Duke, head of the Free Speech Coalition, said the industry was pleased with the decision.

“We’re grateful to the members of the Senate who saw this bill for what it was — a bald-faced attempt to exploit performers for political gain. But the assault had an unintended consequences — it unified performers and producers in ways that we haven’t seen in decades. Out of this grows a stronger industry, one not unintimidated by harassment campaigns like AB1576 and Measure B. But the battle is never over. We must continue to work to make sure our workplaces are safe, that our performers have a strong voice in their sexual health, and that we keep a thriving industry in California.”

Opponents of the bill warned legislators that the bill, which was written without input from either performers or producers, would have the opposite of its intended effect, and make sets less safer by pushing them underground. The bill also garnered large amount of opposition outside the industry, including from AIDS and HIV outreach organizations, sex worker rights organizations, LGBT groups, and mainstream publications like the Orange County Register, the LA Daily News and the LA Times.


FSC Statement on Affirmative Vote by CA Senate Labor Relations for AB1576

June 25, 2014

This morning, California Senate Labor & Industrial Relations Committee cleared AB 1576, the legislation to require mandatory barrier protection use on adult production CA-Senate-Sealsets. The bill will now proceed to be heard by the Senate Appropriations Committee.

Regarding today’s developments, Free Speech Coalition issued this statement:

“Today’s vote is a slap in the face to adult performers, who have been outspoken in their opposition this bill and have worked so hard to defeat it. In his words and actions, Hall has made it abundantly clear that he knows little about the performers he seeks to control, and respects their opinions even less. He has not worked with them on this bill, and has actively spurned their offers to create an alternate solution that would strengthen comprehensive workplace safety measures while respecting their real concerns about privacy and personal choice.

Supporters of AB 1576 stated again in the hearing that the bill relies on the PASS database for testing and enforcement. That Hall would rely on our private procedures says something both about the strength of our existing  procedures, and the short-sightedness of Hall as to what this bill will cost the state. As the bill approaches appropriations, we suspect that Senators will have very serious concerns about how a private testing system run privately serve as the backbone for government regulation.

We understand that Assemblymember Hall wants a bill for his legacy, but such legacy should not be built on the backs of adult performers.”


RIP: Gloria Leonard

February 4, 2014

all_about_gloria_leonard_HP03129_LGloria Leonard died last night in Hawaii after suffering a massive stroke only days earlier. She is referred to as the “doyenne” of the erotic film industry by IMDb.com. Truly a pioneer, Leonard was a star of the Golden Age of adult movies, from 1974 to 1984; the publisher of mens’ magazine High Society; a staunch supporter of the First Amendment; and a groundbreaking feminist.

Ms. Leonard also was served as administrative director of the Adult Film and Video Association of America, the adult film industry trade association, from 1989, until that organization merged with the Free Speech Coalition in 1992. In 1998, she was elected president of the FSC.

She fought for the right of free expression and sexuality. Contributions made by Ms. Leonard have paved the way for generations of performers after her. She showed the world that the adult industry is a place where strong, talented women can blossom and succeed.

Good friend and former performer Veronica Vera posted on Facebook this morning, “Last night at 7:22pm, Robin Leonardi communicated to me the sad news that her mom, our beloved Gloria Leonard had passed. She asked that I hold off posting anything last night. Gloria passed with her daughter by her side. Robin’s message: ‘She’s passed. Wish her well on her journey.’ RIP, dear Gloria.”

AVN Hall of Fame Director Roy Karch wrote, “There was only one; a rare feather in the wind that we were lucky enough to have touched our cheeks as it passed this way. Blessed be Gloria, dearest one.”

Industry writer Jared Rutter wrote, “One of a kind, she was a bright light in a shady world.”

She will be missed by family, friends, fans and all those that knew her.


Assemblymember Isadore Hall Reintroduces Condom Legislation as AB 1576

January 31, 2014

320px-California_Capitol,_Sacramento,_CaliforniaFree Speech Coalition (FSC) has learned today new legislation that would mandate barrier protection for adult performers was introduce to the California Assembly by Assemblymember Isadore Hall (D – Compton).

The new bill is called AB 1576 and was introduced prior to the deadline for new bills to reach the assembly. This is the third time that Assemblymember Hall has attempted to push through mandatory barrier protection; in 2013, he sponsored both AB 332 and 640 in unsuccessful bids to legislate condom use in the adult production industry.

“This measure will further drive production out of state and create severe hardships for ancillary businesses,” said FSC CEO Diane Duke. “Last year, we were able to defeat AB 332 and 640 by going to Sacramento to lobby. It made a big difference for legislators to see people show up to protest those bills. When we go there again, to fight AB 1576, we will really need the assistance of everyone in the industry – our livelihood in California is at stake.”

The primary advocate for mandatory condom regulations is nonprofit AIDS Healthcare Foundation (AHF), which has supported Hall’s campaigns to have the bills passed into law. This latest attempt to mandate barrier protection usage is the latest development in AHF’s nearly ten-year long campaign to force legislation on the adult industry.


FSC Summit This Week, Full Line-Up of Speakers

January 21, 2014

island.tiothylk2014Free Speech Coalition will present its annual Summit, Jan 22-24, in conjunction with the XBIZ 360 conference, to be held at the W Hotel in West Hollywood, CA, next week. The FSC Summit will host seminars on challenges that affect adult businesses today, including product piracy, legal best practices, and the latest on issues affecting content production.

Attendence for the FSC Summit is free of charge, but you must register to attend. To register, please contact info@freespeechcoalition.com or (818) 348-9373. Time is running out to reserve your spot for these informative seminars.

This year’s seminars include:

  • Code of Ethics – Seal of Approval – Jan 22, 10am

A few years back, the Free Speech Coalition, with input from countless industry members, created a Code of Ethics for the pleasure products and adult entertainment industry. With increased scrutiny from the government, payment processors, banks insurance companies etc. it is important for adult businesses to be able to demonstrate good business practices and solid ethical standards. This seminar will review the industry code of ethics and reveal how your company can get the FSC Code of Ethics Seal of Approval to display in your company or store’s window and on your website.
Speakers:
Bob Christian, General Manager of Adam and Eve
Larry Garland, Founder and CEO of Eldorado
Diane Duke, CEO of Free Speech Coalition
Moderator – Jeffrey Douglas First Amendment Attorney and FSC Board Chair

  • Hey! They Are Selling my Products on eBay! Anti-counterfeit Pilot Results – Jan 22nd, 11am

Because of the Internet, the pleasure products industry has been able to broaden its base of consumers. However, the internet has also broadened the amount and distribution of counterfeit pleasure products. Is there anything that can be done? Come and discuss the results of an FSC sponsored pilot with executives from Screaming O, Sportsheets and the company exploring ways to curb distribution of counterfeit pleasure products—Piracy Stops Here.
Speakers:
David ‘Hui’ Newnham, The Screaming O
Tom or Julie Stewart, Sportsheets
Peter Phinney, Stop Piracy Now
Vaughn Greenwalt, IP Consultant
Moderator – Diane Duke

  • When The Cops Come Knocking – Jan 23rd, 10am

This seminar will focus on preparing members of the pleasure products and adult entertainment industry on proper techniques in responding to law enforcement and/or government officials. Law enforcement can strike at any moment and adult industry members need to understand how to not prejudice themselves or improperly supply any testimony or evidence to law enforcement. Year after year, there has been a steady increase in law enforcement activity in the adult industry from agencies such as the FBI, FTC, OSHA, local police, and DHS; this seminar will explore and educate participants on some simple steps that may save you from self-incrimination.
Panelists – Industry attorneys Corey Silverstein, Jeffrey Douglas, Karen Tynan
Moderator – Diane Duke

  • 2014 Adult Content Production in California – Jan 24th, 11am

What is the current situation for filming in Los Angeles and California as a whole? Where are we with the Measure B lawsuit? Is it safe to film in LA? What is up with CalOSHA? Should we expect Assembly Member Hall’s mandatory barrier protection bill AB 640 to resurface in January? Filming in California is complicated to say the least. Get the scoop from those who are in the know about what to expect for 2014.
Speakers:
Paul Audley, CEO Film LA
Kevin Bland, Workplace Safety Attny and FSC’s CalOSHA Consultant
Paul Cambria, Measure B Attorney
Diane Duke
Moderator – Jeffrey Douglas


ADULT PRODUCTION MORATORIUM LIFTED

December 12, 2013

Final Test Results Come Up Negative; Performers May Return to Work After Retesting

The Free Speech Coalition (FSC) and the Performer Availability Screening Services (PASS) announced today that all first-generation partners of the the performer who tested positive last week have been completed. There have been no further positive HIV tests within the performer pool. Production can resume on December 13.

The last at-risk interaction between the performer who tested positive and another performer occurred three weeks ago, on November 21. The testing window for the RNA-Aptima HIV test is 7-10 days. PASS doctors have since tested and retested that performer’s first generation contacts in the performer pool, on-set and off. None generated a positive test for HIV.

As previously announced, all performers must have retested in the PASS system on or after December 5  in order to be cleared to return to work. December 5 is fourteen days after the last at-risk interaction between the positive performer and any member of the performer pool, and beyond the 7-10 day window for the RNA-Aptima HIV test.

“While we understand that a moratorium is difficult for both performers and producers, it’s important that we’re cautious when dealing with HIV,” said Diane Duke, head of the Free Speech Coalition. “For nearly a decade, the combination of moratoriums and testing have been successful at preventing HIV transmission in the adult workplace. However, we must be always vigilant, and work to improve that record.”

The current moratorium was called on December 6, after an adult film performer came up HIV positive during a routine screening. Production was immediately halted while “first generation” contacts (those who had contact with the positive performer that could potentially transmit the virus) were tested. Adult performers are tested every fourteen days for a slate of STIs, including HIV.

Moratoriums are one of the most effective tools we have to protect adult performers, and allow us to stop HIV at the industry gates. We thank the performers and producers for observing the moratorium, and the performer who worked so closely with PASS to identify at-risk partners.

More on adult testing protocols and information on how moratoriums are determined can be found at FreeSpeechCoalition.com


Performer Testing Update #2

December 10, 2013

We spoke with the PASS testing facility doctors this morning, and want to issue an update on the current moratorium and testings.

Currently, all people who have had at-risk contact with the positive performer have been retested with the RNA Aptima test. At this point, we are awaiting one final test result from a performer who went to a personal physician whose testing system does not have as swift a turnaround time as industry clinics. If the results of that final are clear, we will establish a date to lift the moratorium. Until then, it remains in place.

A moratorium is only lifted after it is clear there is no threat of transmission.  Only after a genealogy of the virus is established, and all sexual partners have been tested, do the FSC and PASS receive clearance to allow performers to resume shooting.

If the final test comes back negative, FSC and PASS will set two dates: a date on which production can resume, and the date after which performers must show a negative test in order to be able to work. While we can not yet offer the former, we can announce the later: all performers must have a test dated December 5, 2013 or after in order to be cleared to work.

The HIV RNA Aptima test used by PASS has a 7-10 day window, meaning that it can identify HIV within 7-10 days of transmission. We wait at least 14 days after any possible exposure before lifting the moratorium for added accuracy, and to make sure that nothing was missed. The December 5 date is two weeks after the performer’s last at-risk contact with a member of the performer pool, on November 21.

The HIV RNA Aptima test is the most accurate test available. Because of its specificity and sensitivity a false positive (where a performer tests positive for HIV, but does not actually have it) will occur from time to time.  We have never encountered a false negative.

We only lift the moratorium if there is no medical reason for it to be extended. While most studios stockpile films and can weather a longer moratorium, individual performers often have to contend with a direct loss of income once shooting stops. We know this has been a difficult time for performers, both emotionally and financially. But we will lift the moratorium only when PASS doctors, using protocols outlined above, determine a safe date for production to resume.

We expect to have the results of that final test in the next few days. We will let you know as soon as we hear the results.


%d bloggers like this: