Statement on the Appropriation Committee’s passage of California State Assembly Bill AB1576 from Diane Duke of the Free Speech Coalition

Today, Isadore Hall and Michael Weinstein forced a bill on adult performers despite the vociferous opposition of the performers themselves. AB1576 denies performers control of their own body, their own sexuality, and their own privacy. Over five hundred performers have bravely come out in public opposition to this bill, despite Hall’s endless shaming. For the past few month, Hall has portrayed performers as a public health hazard, using discredited studies that read like Victorian pulp novels. This isn’t about protecting performers, this is a morality crusade aimed at driving a legal, regulated business out of the state and underground.

Hall never approached performers to find out what they wanted — he gave them what he wanted. That’s why the Harvey Milk Democratic Club, the Transgender Law Center, the Erotic Service Providers Union, the Center for Sex and Culture and the Adult Performers Advocacy Committee and others joined the Free Speech Coalition in its opposition to a bill that strips performers of vital protections.

This bill will now go to the State Assembly. Make no mistake — we will fight it, and we will win. Hall’s attacks have unified the producers and performers in a way we haven’t seen since the culture wars of the 80s. We can not allow politicians to treat adult performers as disposable, to disregard very real concerns in favor of a paternalistic bill that criminalizes adult film. Hall has never been on an adult film set, he does not know how the industry works, he does not understand the concerns of adult performers — and he does not care. He has what he thinks is a political winner on his hands, and he’ll continue with it until he destroys what he claims he will protect.

It’s worth noting, of course, that AHF and Hall have spent millions of dollars and several years fighting HIV in adult film, despite the fact that there has not been on-set transmission of HIV on a regulated adult set in over ten years. Meanwhile, Hall’s own district has one of the highest rates of HIV mortality in the country, and does not contain one of his sponsor’s clinics. Crusading against porn stars may make for good headlines, but it makes for lousy policy. We didn’t ask for it, but we look forward to this fight.

Adult Performers, Performer Groups Announce Vehement Opposition to Condom Bill

AB1576 “shows a total disregard for performers’ autonomy”

Nearly 500 adult performers have signed a petition asking legislators to vote no on AB1576, a bill that many performers say violates their privacy, and is so restrictive that it would push a legal industry underground. For the first time, AB1576 would establish criminal penalties for not using a condom in an adult film, require producers to keep a log of a performer’s sexual activities, and force performers to waive their right to medical privacy.

Independent groups representing adult film stars, including the Adult Performers Advocacy Committee and the Erotic Service Providers Union, have joined the 463 petitioners and the Free Speech Coalition, the adult industry trade group, to oppose AB1576. The petition will be presented in Sacramento on Wednesday at an Assembly Appropriations hearing.

“This is an insulting and paternalistic bill,” said Lorelei Lee, a performer and one of the bill’s most vocal opponents. “This shows a total disregard for performers’ autonomy and threatens a vital safety infrastructure that we have spent ten years building. AB1576 squanders resources addressing a problem that doesn’t exist. If the bill becomes law, it will, in fact, harm the people it claims it will protect.”

California State Assembly Bill AB1576 is the collaboration between Michael Weinstein, the controversial head of the AIDS Healthcare Foundation, and Assemblymember Isadore Hall, a Baptist minister. It is the third time they have attempted to advance such a bill.

“Performers shouldn’t have to give up control over their bodies,” said Diane Duke, head of the Free Speech Coalition. “We are a small community, and not always the most political, but outrage has come from all areas of the industry — gay, straight, trans, fetish, studio and independent — to fight against a bill that criminalizes sex between consenting adults. More performers are signing this petition every day, and we look forward to presenting it Wednesday.”

Nina Hartley, a performer and registered nurse, called AB1576 “a solution in search of a problem,” during testimony before the state Assembly in April and has been vociferous in her opposition to the bill. “There has not been a single case of HIV transmission between performers on a regulated adult film set in over ten years, and yet they treat us like a threat to public health, using shame, sexism and fear-mongering to dismiss our concerns about privacy, discomfort, rights and safety.”

A delegation of performers, including Lee, will be heading to Sacramento on Tuesday to present the petition to legislators in advance of Wednesday’s hearing.

A Message from Performer/Director Lorelei Lee #StopAB1576

AB 1576 is otherwise known as the California “condom” bill that would require mandatory use of barrier protection and testing for ALL performers on adult movie production sets. The adult industry opposes this bill because:

• Industry stakeholders (performers, studios, etc.) have no voice in this bill, which was introduced and is backed by AIDS Healthcare Foundation.
• Existing industry protocols for self-regulation, which took over a decade to develop, will be destroyed and will likely be replaced with less accurate tests for HIV and other STIs.
• The performers – who will be most affected by this regulation – simply do not want mandated barrier protection, which includes condoms, dental dams, gloves, face shields and hazardous waste exposure-like procedures.
• If passed, the regulations will drive adult producers to relocate to Nevada, or to other locations worldwide, where regulation will be difficult if not impossible.

But don’t take our word for it. Here’s performer/director Lorelei Lee speaking out on why she opposes AB 1576.

The bill has passed through two legislative committees and is now on its way to the appropriation committee. If it passes there, AB1576 would go on to be voted on by the State Senate.

If you care about or enjoy adult entertainment, please share this information about condom laws in California. If you tweet, please use #stopAB1576. And if you need information for how to contact legislators, please email info@freespeechcoalition.com.