A Special Thank You from APHSS.org

FSC and Adult Production Health & Safety Services (APHSS.org) would like to show appreciation to all that attended the APHSS.org meeting held on July 10, which addressed issues around performer testing, as well as updated information on Los Angeles’ pending mandatory condom legislation in the city and county.

Special thanks to XBIZ Magazine, XBIZ owner Alec Helmy and his crew, that provided resources which enabled the meeting to be broadcast via live stream on industry forum XBIZ.net. More than 30 industry members that were unable to attend in-person watched the proceedings online.

To everyone that took time out of their schedules to attend, we thank you. Some industry members that attended included: Nina Hartley & Ira Levine; Wicked’s Brad Armstrong; Vivid’s Marci Hirsch & Shylar Cobi; Girlfriends Pictures’ Dan O’Connell & Moose; Adam & Eve’s Bruce Whitney; New Sensations Renae Englhart; Alia Janine; Sean Michaels; Kimberly Kane; Nate Liquor; Sarah Shevon; Miles Long; Will Jarvis; director Kevin Moore; All Media Play’s Scott David; AVN’s Theo Sapoutzis & Mark Kernes; XBIZ’s Dan Miller; AINews’ Steve Nelson; blogger Julie Meadows; sociologist Chauntelle Tibbals, among others. Members of agents’ organization LATATA including Chris from 101 Modeling, Type 9 Models’ Kevin O’Neal and ATMLA’s Shy Love also were present, among other attendees.

The meeting was a huge success. Complicated issues were discussed in an open forum by industry stakeholders, which brought more clarity to the current situation involving performer testing and the condom ordinance/County ballot initiative. Speakers at the meeting included Kink.com founder Peter Acworth; infectious disease expert Dr. Miao (Cutting Edge Testing); labor attorney Karen Tynan; industry attorney Allan Gelbard; and FSC’s Executive Director Diane Duke.

A video of the meeting can be viewed by clicking this link.

In related news: The same day of the APHSS meeting, the L.A. County Board of Supervisors voted to continue their discussion of approval of the L.A. County condom ballot initiative for the county ballot in November.

Going forward, FSC and APHSS.org will continue to keep an open dialogue with industry stakeholders, concerning these important issues. If you need more information on FSC, APHSS.org, performer testing or the condom ordinance, please contact joanne@freespeechcoalition.com.

Please, remember to support FSC and the APHSS.org performer-testing program – we fight the good fight on your behalf, but we can’t do it without YOU! Thank you.

(Photo: Some rights reserved by VistaMommy)

FSC Response to AHF Signature Submission to Get Condom Initiative on L.A. County Ballot

Free Speech Coalition (FSC) today issued this response to AIDS Healthcare Foundation’s (AHF) earlier announcement (contained in the press release at this link).

AHF reported that they have submitted 360,000 petition signatures in a continuing effort to mandate the use of condoms on adult production sets in Los Angeles County.

FSC’s response is as follows:

Today AIDS Healthcare Foundation announced that they have gathered 360,000 signatures to put a mandatory condom measure on the LA County ballot for November.  What this announcement really means is that they have spent upwards of two million dollars on paid signature gatherers to get a useless bill in front of LA County voters. It is important that LA County voters understand the real issue behind AHF’s push for this unnecessary ballot measure.

In their press release, AHF stated that “the Measure is modeled on County’s health permit process for tattoo and massage parlors and bathhouses.” The big difference with the adult film industry is that contact with the public occurs through television, computers and smart phones. There is no direct contact with the public so how can this be a public health issue?

A 152-page epidemiological profile on HIV/AIDS was distributed by the LA County in 2010. The sole purpose of the document was to provide guidance to LA County and non-profit organizations on the best use of their resources concerning HIV in LA County.  Nowhere in that report are adult productions even mentioned. The report does identify the Latino population, African Americans, the un-insured, the under-insured and people in poverty, as areas of concern for HIV and targets for HIV resources.  Imagine how many people could have been served with the millions AHF has already wasted on this ballot measure. Imagine how many will go unserved if the County is forced to waste its limited HIV resources on a problem that doesn’t exist.

Since 2008, 6300 new cases of HIV have been reported in LA County.  None of the 6300 cases have occurred on an adult set.  The rigorous testing protocols in place have resulted in a zero onset transmission of HIV for the past 8 years!  One concern raised in the County’s epidemiological profile is the number of people in LA County who are walking around with HIV but are untested. Testing every 28 days, adult performers are the most tested population in LA County.

There are a number of nonprofit organizations that provide excellent education and services for the prevention and treatment of HIV/AIDS. Unfortunately AIDS Healthcare Foundation has lost its service focus and is now in the HIV “business” and will do or say anything to increase their fame and fortune. The County Condom measure is just their next and the latest “business” opportunity.

(Photo: Some rights reserved by Pink Cross Foundation)

Ms. Duke Goes to Washington

FSC Executive Director visited Washington D.C. this week, to lobby legislators on behalf of the adult entertainment industry.

L.A. Condom Ordinance: Council Refers Implementation Plan Development to Arts, Parks, Health & Aging Committee

Free Speech Coalition (FSC) was notified today by the L.A. City Administrator’s Office that the L.A. City Council has referred development of enforcement strategy for the city condom ordinance to the Arts, Parks, Health & Aging Committee.

Until recently, the development of an implementation and enforcement strategy had been charged to the City Administrator-appointed Working Group on the City of Los Angeles Safer Sex in the Adult Film Industry Ordinance. At the last meeting of the working group on May 11, the group postponed submitting the results of a report that would have recommended protocols for enforcing condom use on adult productions.

A few days later, it was widely reported that the working group had requested a 90-day extension of presenting the results of the report.

It is unclear why the issue has been referred to the Arts, Parks, Health & Aging Committee. That committee is made up of three L.A. City Council members, including Councilmen Richard Alarcon (7^th District), Tom LaBonge (4^th District) and Ed P. Reyes (1^st District).

FSC, as the adult industry trade association, will continue to aggressively provide input, to make sure the best interests of the industry are represented to city officials.

“This is an issue of great importance to the industry and Los Angeles taxpayers,” said FSC Executive Director Diane Duke. “City officials need to hear adult industry members concerns around the condom ordinance.”

“Meanwhile, AIDS Healthcare Foundation continues to spend millions on collecting signatures to put the condom ordinance on the L.A. County ballot in November,” Duke added. “There have been no transmissions of HIV on and adult production set since 2004. In a lawsuit filed by AHF against L.A. County, the County already established that adult productions pose no threat to public health.  AHF’s efforts not only squander donor funds that could be utilized for the prevention and treatment of HIV, but also waste valuable tax dollars that are desperately needed elsewhere.”

(Photo: Some rights reserved by D.C.Atty)

Working Group Postpones Results of Report on Condom Ordinance Enforcement

At the City Administrator’s office this morning, the Working Group on the City of Los Angeles Safer Sex in the Adult Film Industry Ordinance met to review a report on enforcement strategy for condom ordinance on adult sets.

The meeting was started and it was announced that the Working Group report on enforcement was not ready and that another meeting would be scheduled next week, when the report should be completed. Despite the postponement, a public commentary period was allowed.

Adult industry members that attended the meeting included Immoral Productions owner/producer Dan Leal, industry attorneys Michael Fattarosi and Allan Gelbard, FSC Executive Director Diane Duke and Membership/Communications Director Joanne Cachapero.

Among those in the Working Group were representatives from L.A. Fire Department, Film L.A.,  the city council, the city attorney’s office and the department of public health. L.A. Police Department and Cal-OSHA representatives were absent.

During the public commentary period, Leal reported a situation that occurred last night on a webcam shoot for Immoral Productions. Leal said Los Angeles police had visited the set and that a citation had been issued to the camera operator (an independent contractor), for shooting a commercial production without a permit. Leal requested for the group to clarify if permits where required for any commercial shoot, even including a husband and wife that might produce amateur webcam content for profit in their home.

Leal and those present were informed that permits are required for any commercial production that is not shot on a soundstage.

FSC’s Duke then spoke, pointing out that the adult industry should not be treated differently than other entertainment media, based on sexually explicit content.

“You deal with film permits everyday,” Duke said, “but if the adult industry is going to be treated differently, then we have a problem with that.”

She went further to explain that an ordinance applied specifically to the adult industry would put the industry in a position to experience other forms of discrimination and censorship.

At that point, AIDS Healthcare Foundation (AHF) representative Mark McGrath was allowed to speak on behalf of the HIV nonprofit organization that is behind the push to enforce mandatory condom law.

He called the adult entertainment industry an “outlaw” industry, and said the industry had been violating condom regulations all along. He said that it was time for the industry to have a “modicum of corporate citizenship,” in regards to condom use. And he also stated that the city should call for RFPs (request for proposal), in order to establish contracts for enforcement staffing.

Speaking last, industry attorney Gelbard talked about the constitutionality of the condom ordinance.

“One point is very clear,” Gelbard said. “The statute is unconstitutional.”

He cited case law, referring to cases including Freeman v. California, and precedents establishing the legal and First Amendment protections for the adult industry. On the issue of freedom of expression, Gelbard noted that producers cannot be compelled to send a “safe sex message,” because this would infringe on the producer’s right of expression. He also called the ordinance “content-based” and assured the group that the ordinance would not withstand closer scrutiny in court.

The meeting was adjourned shortly after the commentary period. The next and final meeting of the Working Group will be scheduled for next week.

(Photo: Some rights reserved by Josef325)

FSC Meets With L.A. City Administrator to Discuss Condom Ordinance

FSC Executive Director Diane Duke and FSC Board Chair Jeffrey Douglas met today with Los Angeles City Administrator Miguel Santana and his staff to discuss the recently enacted condom ordinance for adult industry productions.

Duke and Douglas listened to the City Administrator’s thoughts on the ordinance in general and the complications inherent in its implementation and enforcement specifically.  FSC discussed constitutional issues raised by the ordinance and voiced concern over the potential for government overreach in its enforcement.

According to Duke, the meeting was very successful.

“We appreciate the opportunity to meet with the City Administrator, to communicate the industry’s concerns, and to receive information and clarification about the City’s options for moving forward,” she said.

In January, the condom ordinance for adult industry productions was signed into law by L.A. Mayor Antonio Villaraigosa and went into effect on March 5. The L.A. City Council directed the City Administrator’s Office (CAO) to organize the Adult Film Industry Working Group as the entity responsible for creating an implementation structure for the condom ordinance.

According to CAO staff, the next meeting of that working group will be Friday, May 11th.

Will the Condom Ordinance Drive the Industry Out of LA?

With growing media attention to the recently-passed adult industry condom ordinance by city officials in Los Angeles – which goes into effect today – as well as the announcement last week that AIDS Healthcare Foundation (AHF) has collected half of the signatures needed to put the a condom initiative on the LA County ballot in November, there has been much speculation that the adult production industry might be looking for greener pastures.

At this point, many issues remain undecided. City officials in Los Angeles are still grappling with the logistics of enforcement policies and, presumably, the considerable costs associated with enforcing the new ordinance. There also is a lot of speculation on whether or not industry stakeholders will pull up stakes and move to Nevada or Arizona, taking industry jobs and revenue with them.

One thing’s for sure – there’s already been an outrageous amount of funds that have been spent on pushing AHF’s relentless campaign to mandate adults’ sexual rights through governmental channels.

It is fair to say that, at $5 a signature, AHF has already spent more than $600,000 just gathering signatures for the county ballot initiative ($5 a signature is what was quoted by local pollsters for an average price per petition signature). Not to mention, the cost of relentless litigation that AHF has pursued against adult industry members and businesses since 2009. Not to mention, even more possible litigation for all parties involved if the ordinance is challenged in court.

AHF is a taxpayer-funded nonprofit; so, where is the speculation as to whether or not AHF’s supporters actually support the expenditure of funds on a campaign to “help” adult performers? Where are the projections of how much this misguided campaign to mandate sexual freedoms will cost going forward?

AHF President Michael Weinstein has already stated that he will go, county by county – and to the State Supreme Court – in order to push his agenda. With a $187 million annual budget, AHF can afford costly litigation. But can California’s taxpayers really spare any more dollars to fund litigation for what AHF calls a “public health threat,” even as the organization’s leaders continue to spread misinformation based on flawed data and false claims?

Would that money be better spent on educational resources for people in high risk demographics, who might not have access to public health services? AHF claims that education through adult films is one of their goals; wouldn’t it make more sense to have adequate sex education resources for parents and teachers, so teens wouldn’t have to seek that information from adult entertainment? A recent report stated that improper condom use is a global problem – why isn’t AHF tackling that issue?

The other question that should be asked – what if adult industry producers do decide to leave California?

The state will lose billions in revenue from an industry that a) has self-regulated health protocols successfully since 1998 with monthly performer STI testing, b) is a legal business that produces product exclusively made in the state of California and employs thousands of industry members, as well as contracting other local businesses and individuals, and c) would rather spend its money doing business than fighting legal battles that cost the industry and the taxpayers millions of dollars.

In fact, if AHF’s condom agenda is successful, it still will not eradicate non-condom adult video. In our free market society, consumers are free to purchase non-condom adult content from other areas and countries where there is very little regulation, putting adult performers at greater risk.

And, as industry sales statistics show us, the consumers will do just that. They don’t purchase adult content for a lesson in proper condom use; they purchase adult content because they enjoy it. If you believe in individual’s rights to sexual expression and you understand that adult content is protected under the First Amendment, then you know that there is more at stake – and that AHF is not protecting anyone by dictating the sexual rights of adults.

Another point that deserves some speculation: Where does AHF’s witch hunt stop? If consenting adults producing an adult movie are restricted by government regulations, how far are we from seeing laws that criminalize other types of alternative sexuality? How far are we from a situation where condoms become the only legal form of safe sex protection, while alternative approaches to safe sex practices are rejected by conservative lobbyist groups and special interests? Are you willing to fund a special detail of “sex police” with your hard-earned tax dollars?

AHF’s “Condom Nation?” Condemnation, indeed.

If you feel that government has more important issues to address than a mandate on sexual rights, or that governments should not be influenced by big-money, third-party special interests – well, most of the people in the adult industry agree with you. Because most of the people in the adult industry are just like you, except for their choice of careers.

Here’s a video, from the iTeam at Las Vegas’ channel 8 news with commentary on the industry’s potential relocation. FSC Executive Director Diane Duke is featured, as well as director Will Ryder and performer James Bartholet as they attended the premiere of Vivid Entertainment’s “Star Wars XXX,” at the Supper Club in Los Angeles.

(Photo: Some rights reserved by MichaelPloujnikov)

Free Speech Pioneer, Publisher Barney Rosset Dies at 89

We live in a country were, as Americans, we have unprecedented freedoms and rights. The First Amendment, which provides us with freedom of speech and expression, is first for a reason. Because great minds knew that without open exchange of ideas; the entitlement to civil debate; and the right to express in art and literature topics that some might find controversial – without these freedoms, there would be little opportunity for progress and freedom.

Barney Rosset was one of those great minds. Rosset, the one-time owner of Grove Press and editor-in-chief of the Evergreen Review, was responsible for the landmark Supreme Court ruling, in 1964, that allowed him to publish Henry Miller’s Tropic of Cancer, which up until that time had been consider “obscene.”

With the monumental amount of information we have access to in this Digital Age, it’s hard to imagine a time when words on a page could be consider so offensive, so subversive, so dangerous that they should be banned. But Rosset took a hard stand for authors like Miller, DH Lawrence, the Beat poets – all of them now required reading in colleges and universities.

Rosset was the American publisher for the erotic BDSM classic The Story of O. He went back to court in 1968, when U.S. Customs seized copies of the early Swedish erotic film “I am Curious (Yellow)” that Rosset meant to distribute. And he won.

Rossett fought, not only for the freedom of expression of controversial artists – he fought for people like you and I to be able to have access to strange ideas and concepts so that we might see different perspectives and take away from them valuable understanding – or whatever the audience chose to take away from an experience others might deem inappropriate. A true free speech advocate, he believed in freedom of expression, in the extreme. He trusted in the intelligence of the people who would read those books and see those movies, and upheld the right for those people to make up their own minds.

That’s what being an American is all about.

Sadly, especially in difficult economic and political times, there is a tendency toward the conservative, to seek safety and sacrifice some of our freedoms. We forget how hard certain individuals have fought so that we could have those rights. Rosset dedicated his life to that battle and we have all benefited from his pioneering spirit. If you have ever enjoyed a passage from Lady Chattterly’s Lover or Naked Lunch or Waiting for Godot, you owe Barney Rosset a debt of gratitude.

Rosset died following recent heart surgery. He was 89.

(Photo: Courtesy of the Criterion Collection)

Special thanks to FSC Board President Sid Grief

LA City Council Motions to Approve Film Permit Ordinance That Would Require Condom Use on Adult Sets

The LA City Council today approved a motion to create an ordinance that would require adult productions to show proof of condom use, in order to be issued a film permit.

AIDS Healthcare Foundation’s (AHF) recently gathered enough petition signatures to put mandatory condom regulation through film permits on the ballot for the Los Angeles City election to be held in June. AHF’s President Michael Weinstein also has stated that the HIV nonprofit organization would push to have the condom initiative placed on countywide ballots for the November election.

AHF’s relentless attacks on the adult industry have been orchestrated to portray rates of adult performer STIs as a “public health threat” and Weinstein’s grandstanding on the issues uses emotionally-charged tactics by calling the situation an “epidemic” and by quoting statistics that have been proven to be inaccurate.

FSC has led the opposition to AHF’s needless, self-serving anti-adult agenda and also has made every effort to cooperate with state health & safety regulatory agency Cal/OSHA.

“Performer health and safety is a priority for the adult film industry, which is why the industry’s standards and self regulations have been successful as represented by the industry’s low rate of STI transmission and no transmission of HIV in the industry in more than 5 years!” FSC Executive Director Diane Duke stated in response to today’s developments.

“Government regulation of film-making would likely undermine existing health and safety efforts and industry standards that are effective as well as take the government into dangerous new territory.

“This approach betrays our Constitution; it betrays the hard lessons we’ve learned in the 25-year fight against HIV/AIDS; and it betrays aggressive health and safety efforts in place that are proven and effective,” Duke added.

Speculation on actions taken by the City Council today suggests that the council may be taking preemptive steps to prevent the ballot initiative from reaching voters, in order to prevent cost to taxpayers from the election and – if the initiative was passed – any litigation that might follow.

The LA City Attorney had already filed suit to stop the ballot initiative from being considered for the election, citing that if the initiative were passed by voters, it would likely later be brought to court – and lose – on Constitutional grounds.

Two City Council members, Bill Rosendahl and Paul Koretz, have received generous donations from AHF’s Weinstein. Both men spearheaded the effort to quash the City Attorney’s lawsuit.

AHF has stated that they will protest tonight at the XBIZ Awards, to be held at Santa Monica Airport’s Barker Hanger, where Hustler founder Larry Flynt will be honored with the Icon Award, and where FSC’s Duke also will receive the Woman of the Year Award.

(Photo: Courtesy of NASA)

City of Los Angeles Files Suit Against AHF’s Condom Ballot Initiative

City of Los Angeles lawsuit against AHF says ballot measure is likely “unconstitutional,” and will waste taxpayer money –

A lawsuit was filed yesterday by the City of Los Angeles challenging the constitutionality of AIDS Healthcare Foundation’s (AHF) ballot initiative. The initiative, if passed, would force local officials to enforce mandatory condom regulations on adult production sets. Named as defendants in the suit are various AHF personnel, including AHF President Michael Weinstein.

“Clearly AHF has chosen to squander its donors’ resources by filing frivolous lawsuits and ballot initiatives instead of providing valuable resources toward the prevention and treatment of HIV,” FSC Executive Director Diane Duke said. “It is heartening to know that the City of Los Angeles will draw the line on AHF’s political grandstanding when it comes to wasting taxpayer dollars.

“History has shown us that regulating sexual behavior between consenting adults does not work. The best way to prevent the transmission of HIV and other STIs is by providing quality information and sexual health service, all of which are successfully provided through adult industry protocols and best practices,” Duke added.

The city’s complaint argues that the ballot proposal is preempted by state regulations that require barrier protection on adult sets and that enforcement of those regulations falls under state jurisdiction. There have been two previous rulings in complaints filed by AHF, where the judge decided that L.A. County officials are not compelled to enforce regulations on behalf of state health & safety agency Cal/OSHA.

The city also states that the process involved in bringing the ballot measure to the voters would be a “waste” of taxpayer money. The complaint went on to say that the ballot initiative is potentially unconstitutional; if passed by voters in June, the city raised concerns of more money being spent if the initiative was overturned on constitutional grounds.

“The City of Los Angeles has acted responsibly to protect the taxpayers from enacting an unenforceable measure preempted by State Law. The adult industry has been extraordinarily successful in preventing HIV infections through its testing protocols and self-regulation,” Free Speech Coalition (FSC) Board Chair Jeffrey Douglas said.

FSC has worked with industry stakeholders, compliance experts and legal advisers to develop the FSC Bloodbourne Pathogen Plan, and other policies for industry appropriate regulations.

In April, when Adult Industry Medical Healthcare (AIM) clinic was closed, largely due to legal attacks by AHF, FSC stepped up to provide Adult Production Healthcare & Safety Services (APHSS.org) as a resource for performer testing and production protocols.

“Thankfully, the Los Angeles City Attorney’s office is acting in an abundance of caution and not simply marching to the tune called by Michael Weinstein,” attorney and APHSS.org legal adviser Karen Tynan commented.

“The industry is working with the state toward adopting industry specific and industry appropriate safety standards, and these efforts by AHF and Michael Weinstein are an attempt to interfere in that process,” Tynan said. “The Los Angeles City Attorney is correct that the ballot initiative would be a complete waste of taxpayer money.”

A PDF of the filing can be seen here: LA v. AHF

(Graphic: Courtesy of Dark Evil)