No On Government Waste Commitee Praises AIDS Healthcare Foundation For Offering One-Minute HIV Testing

AIDS Healthcare Foundation gala at The Abbey in West Hollywood, CA, celebrates a new program using one-minute INSTI™ HIV test

While guests and celebrities such as Glee’s Dot-Marie Jones and E! Entertainment Television host Charlie David are being feted at a gala party at The Abbey in West Hollywood tonight, the No on Government Waste Committee, opponents to Measure B, the so-called “Safer Sex” initiative on the Nov. 6^th ballot in Los Angeles County, applauded the AIDS Healthcare Foundation for advocating the importance of frequent testing in controlling the spread of HIV.

“We are heartened that AHF has put such an emphasis on frequent testing to help control the spread of HIV. It’s only through the frequent and thorough testing of performers in the adult film industry that we have been able to maintain a zero infection rate on-set since 2004,” said James Lee, communications director for the No on Government Waste Committee. “Organizations from the World Health Organization to the National Centers for Disease Control to AHF have long maintained the importance of frequent testing and counseling in controlling the spread of HIV.”

According to the California Dept. of Public Health, from June 30, 2008 to June 30, 2011, there were 6,447 new cases of HIV reported in Los Angeles County, but only two were adult performers, both of whom did not contract the disease on-set. Since 2004, there have been no documented cases of HIV transmission on an adult entertainment set.  In fact, with the industry’s strict testing protocols – requiring testing at least every 14 and 28 days for HIV, chlamydia, gonorrhea and syphilis – adult performers are the most tested workforce in the nation.

“Even though passage of Measure B significantly raises costs to the county and potentially cripples community health programs, we are hopeful AHF would publicly commit to divert more of its ample government-funded resources to better serve African-American, Latino and economically disadvantaged communities where, according to the Los Angeles County Dept. of Public Health, sexually transmitted diseases are on the rise,” Lee added. “In fact, maybe they can donate the convertible Fiat 500 being given away by Santa Monica Fiat to a community clinic in Southeast LA that is underfunded.”

Measure B, funded and placed on the ballot by the AIDS Healthcare Foundation, would require the Los Angeles County Department of Public Health to license and permit adult movie productions in the county and require performers to wear condoms and create an unworkable system of on-set inspections and enforcement by county personnel. The county estimates initial start-up costs for the program to be in excess of $300,000, but acknowledges that regardless of the level of compliance by the adult film industry, there would be significant cost to the Department of Public Health.

No on Government Waste Committee

The Committee is comprised of entertainment companies, local business organizations, community activists, adult entertainment performers and healthcare advocates who oppose Measure B’s plan for creating an underfunded government inspection program diverting badly needed resources from local community clinics and underserved minority communities. For more information, please visit: www.noongovernmentwaste.com.

Valley Industry and Commerce Association Endorses No on Measure B Campaign

(l-to-r) Attorney and FSC Board Chair Jeffrey Douglas, VICA Chair David Adelman, VICA President Stuart Waldman, and adult industry performers James Deen, Stoya and Tanya Tate

This morning, at a press conference held in the Burbank offices of adult company Manwin, the Valley Industry and Commerce Association (VICA) gave its formal endorsement to the NO to Government Waste campaign to defeat Los Angeles County Ballot Measure B. The measure, if approved, would require adult film productions to use condoms, gloves, goggles, dental dams, protective gear and other exposure protocols while making adult films.

Measure B, which has been spearheaded by HIV nonprofit organization AIDS Healthcare Foundation (AHF), is an exceedingly irresponsible example of government overreach that will ultimately drive thousands of jobs and up to a billion dollars in annual economic activity out of the Los Angeles area.

In this quote from AVN Magazine, VICA Chair David Adelman said, “In order to stem the tide of businesses that have left our region, and to encourage businesses within our region to grow and prosper, VICA believes that our politicians should be bending over backwards to make Los Angeles County as business friendly as possible.

“Well, the politicians sure have missed the boat with regard to Measure B,” Adelman continued. “Measure B is yet another regulation in search of a problem and will make Los Angeles County even less business friendly than it already is. At a time when growing the economy and growing more jobs is imperative, Measure B is precisely what Los Angeles County doesn’t need. Should Measure B pass, we expect to see thousands more on the unemployment lines, and billions of dollars sucked out of our economy, and as a result, VICA is strongly in opposition to this measure, and is one of the key business organizations who’s now dedicated to promoting the business across Los Angeles. We need to stand up to this overreach of government regulation and oppose Measure B.”

Adult industry performers Stoya, Tanya Tate and James Deen also appeared at the press conference to express their outrage over the proposed regulations.

In this quote from XBIZ Magazine, Deen said, “The idea of restricting our ability to make choices of our own is insulting, it is rude and frankly, it’s unconstitutional,” Deen said. “We’ve had zero HIV transmissions in over eight years. There’s no other community in the entire world where you can find that. Adult industry sex is as safe as you can possibly get.

“You have a group of people, all tested regularly, all engaging in sexual activity with one another,” he added.

Free Speech Coalition opposes Ballot Measure B and the relentless anti-industry attacks carried out by AHF in what they claim is an attempt to “protect performers.” The organization recently launched their own campaign for Measure B, highlighted by TV ads featuring paid actors Darren James and Derrick Burts as their spokesmen.

FSC would like to express special appreciation for Deen, Stoya and Tate, who appeared at this morning’s press conference voluntarily, in order to express their strong opposition of Measure B. There has been a great outpouring of industry support for the No On Government Waste – No to Measure B campaign. FSC would like to urge the voters of Los Angeles to learn the facts about adult industry self-regulation and performer testing, and VOTE NO on Measure B. At a time when necessary programs and services are being cut from the city budget, we know that voters do NOT want tax dollars spent on bad legislation and “condom police.”

To learn more about Measure B, please visit the No On Government Waste website, “like” the campaign on Facebook, and follow @NOtoMeasureB on Twitter.

Stoya and Tanya Tate said that Measure B was “insulting” and deprives them and other performers of choice in matters regarding their own bodies and livelihoods

Deen speaks to the media and members of the public

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)

How MUCH is AHF’s ‘Epidemic’ Going to Cost Taxpayers?

Well, AIDS Healthcare Foundation is at it again, and what we would like to know is:

WHY are California taxpayers expected to throw more money at an appeal to the State Supreme Court over a non-issue that AHF has blown up to “epidemic” proportions? Especially at a time when the state budget is being slashed for much-needed programs, including state and local STI programs?

Yesterday, taxpayer supported “nonprofit” AHF announced that it will “vigorously pursue” an appeal on a recently dismissed lawsuit; filed in 2009, the suit seeks to have the courts compel Los Angeles County Public Health (LACPH) officials to take action against the “spread” of sexually transmitted infections (STIs) in the adult performer population. AHF claims it feels STI rates for adult performers represent a public health threat and they are willing to go to the State Supreme Court to prove it.

The action by AHF follows last week’s judgment by California Appeals Court Justices Richard D. Aldrich, Joan D. Klein and Patti S. Kitching. In his written opinion, Justice Aldrich said specifically that AHF’s claims that LA County is obligated to take action in order to stop AHF’s purported “epidemic” are patently false. Moreover, it is unlikely that any court can grant AHF’s demands because, as it says in the current ruling, the court “cannot compel another branch of government to exercise its discretion in any manner” nor “compel [LA County] to implement [AHF’s] agenda.”

Of course, AHF’s agenda is enforcing mandatory condoms and other barrier protection in the adult industry – because apparently there are not enough legitimate issues facing those affected with HIV/AIDS or populations at risk for HIV infection. Apparently, all of AHF’s attention can now be focused on policing the adult performer population numbering, perhaps, 1,500 people.

Never mind that the adult production industry has successfully self-regulated the safety of its performers with monthly STI testing since 1998. The testing protocol instated by the now-defunct Adult Industry Medical Healthcare (AIM) clinic efficiently prevented HIV-positive individuals from entering the business, and also effectively limited the spread of infection when active performers tested positive in 2004, 2009 and 2010. AIM also served the sexual health needs of other high-risk populations not involved in adult production.

Never mind that another lawsuit, and numerous complaints filed by AHF were instrumental in contributing to the “financial hardships” that finally destroyed AIM.

Never mind that statistical information on STI rates for adult performers, presented by public health officials, has been described as inaccurate and “without basis in science” in a report commissioned by FSC, written by prominent epidemiologist and biostatistician Dr. Lawrence Mayer. That report was entered into record at the June 7 Cal/OSHA meeting, attended by scores of adult performers that wanted their voices heard in a regulatory process that will impact them the most. And never mind that AHF – not performers – has filed workplace safety violation complaints against adult production companies and agents, forcing Cal/OSHA into action.

Never mind that AHF keeps on quoting what they now must know to be inaccurate information; as in its press release, that “as many as 22 porn performers have tested positive in the last five years,” when in fact, the LA Times published that health officials retracted their findings concerning the number of performers that tested positive for HIV. And according to Dr. Mayer’s report, the stats that AHF quotes (as analyzed by LA County Public Health) on Chlamydia and gonorrhea in the performer population ALSO are wildly inaccurate.

And while AHF is busy playing nanny to adult industry performers and the public at large, did you know that a recent study shows that the highest rate of increase in HIV infection in the nation is affecting Asians and Pacific Islanders? When was the last time that we saw an Asian on an AHF billboard, or AHF launching media outreach to that community?

Did you know that HIV rates for gay and bisexual men in California may have been dropping steadily since the mid-2000s, and this may be due to improved treatments for HIV? AHF provides valuable resources for those living with HIV and should continue to do so – at the same time, taking responsibility for the education of at-risk populations about safe sex.  But adult performers – who test 12 times a year or more – are making an informed choice about their health and the work they do; how many average citizens are tested for STIs, even just once?

Citizens of Sacramento – where legislators work every day to try and serve the public’s interests while dealing with never-ending debates over how to fix the budget – did you know that funding cuts to local STI programs in Sacramento have resulted in the capitol now having the fifth largest incidence of syphilis in the state? That’s up from NO reported cases of syphilis in the early 2000s, and due to lack of funding for outreach staffing.

Look, we all know that California is facing a budget shortfall of up to $23 BILLION dollars for 2012. So far, state funding has been slashed to important programs for firefighters, courts, prisons, schools, state parks and the elderly, just to name a few.

Do the state of California, Los Angeles County or even AHF’s contributors need to spend one more red cent on funding or defending against AHF’s  impractical campaign to enforce condom use on adult production sets? For that matter, do state officials (at the behest of AHF) want to encourage the legal, revenue-generating adult production industry to pull up stakes and move out of California, to places where production safety and standards will be virtually impossible to enforce?

FSC has been working with Cal/OSHA, industry stakeholders, compliance experts and attorneys to develop industry-appropriate regulations. As the industry trade association in the U.S., our agenda is to promote and protect the well-being of the adult industry community and businesses.

We’ll leave it to you to figure out what AHF’s agenda is, and how much it’s costing taxpayers. – jc