Mandatory Condom Ballot Initiative on June Ballot – Now What?

On Wednesday, Nov 30, AIDS Healthcare Foundation held a press conference to announce that they had collected 64,000 signatures on petitions for a ballot initiative that would force condom use to be mandated on adult production sets in the City of Los Angeles. If the signatures collected can be verified, the mandatory condom initiative would be put before Los Angeles voters in a citywide election to be held in June 2012. Condom enforcement would be administered through film location permits, and AHF has proposed a $85 fee from adult producers to pay for any enforcement staffing. This development is the latest action in AHF’s FAIR (For Adult Industry Responsibility) campaign.

A PDF of the ballot initiative petition can be viewed by clicking here.

In a previous press conference, Weinstein told reporters that if the ballot measure is approved by Los Angeles voters, that AHF will mount campaigns in other California cities and counties – effectively making California a condom-only state for adult productions.

As most industry members know, if the mandatory condom initiative was approved by voters, this would drive most producers to leave the state of California, or to take their productions “underground.” If that were the case, it would be very difficult to regulate any health & safety standards for the adult industry, including the industry-imposed regulations that have been effective since 1998.

Free Speech Coalition has responded to various accusations and attacks by AHF and grandstanding by AHF President Michael Weinstein, prior to the latest developments, and will continue to oppose AHF’s efforts to legislate sexual behavior between consenting adults on adult production sets.

Regarding the ballot initiative, FSC Executive Director Diane Duke said, “FSC Is opposed to mandatory condom regulation. 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 services. If condoms were mandatory existing testing protocols would likely disappear. The protocols that are in place are here to protect the performers and successfully do so.”

FSC also has represented a pro-adult industry voice to state regulatory agency Cal/OSHA during proceedings to develop industry-appropriate health and safety regulations. We have consistently supported self-regulation and monthly testing for performers as a successful model for risk management in adult productions. FSC also commissioned a report debunking the misinformation spread by AHF and LA County Public Health Department, and their claims that STI rates for performers present a public health threat or a possible “epidemic.”

When Adult Industry Medical Healthcare (AIM) closed in April – largely due to lawsuits brought against them by AHF – FSC also stepped up to develop APHSS.org, a health & safety program to regulate monthly performer testing and uphold the protocols practiced by AIM, which are highly effective at protecting adult performers.

In fact, condoms are only 85 percent effective in the prevention of pregnancy. Hence, use of condoms on adult sets, at best, also represents a risk management model that is not 100 percent effective. Promoting condoms as the only method for protecting performer health & safety is just one of many outlandish claims against the adult industry made by Weinstein and AHF.

Since 2009, when AHF began its campaign against the adult industry, there have been two incidents of performers that were found to be HIV-positive and neither of those cases were proved to involve transmission of HIV on a production set. The latest HIV incident, in August, was a result of a performer that received a false positive result, which has been verified with multiple tests over an extended time period.

FSC is asking for support from all industry members in order to confront the challenge from AHF and other anti-adult industry activists. As the adult industry trade association, our mission is to confront issues that threaten the well-being of the adult community and its businesses. That is why the association was founded and why we exist – to represent the best interests of the industry. We are honored to do this work, but we can’t do it without you.

At the last Cal/OSHA meeting regarding mandatory condoms, in June, more than 60 active adult performers attended; FSC was grateful for the help of several pro-industry activists that helped us have such a strong turn-out.

Now that AHF has stepped up their strategy to regulate adult productions – performers, producers, fans and other industry supporters must unite to make our voice heard, so that the oppressive legislation being pushed by AHF does not drive the industry out of California or force inappropriate regulation. If we do not meet the challenge, then who will stop groups like AHF from pushing for further legislation to control sexual behavior between consenting adults – even in the privacy of their own bedrooms?

FSC will continue to update our members and the industry on further developments. We are stronger if we are united, educated and informed on the issue. What can you do? For more information on how you can join FSC, please contact joanne@freespeechcoalition.com or (818) 348-9373.

Update on Testing Process for ‘Patient Alpha’

In the interest of providing accurate information to industry and media, Free Speech Coalition (FSC) has issued this update to explain the process of testing that took place for the adult performer identified as ‘Patient Alpha.’

In cooperation with the performer, FSC has reconstructed the process of testing for Patient Alpha, which resulted in what is now believed to be at least one false positive result and touched off a week-long industry moratorium on content production.

According to reports from the performer, the dates and sequence of tests are as follows:

Initial tests, administered by an unnamed testing facility –

• August 20- PCR/NAT; results come back “reactive” (indication of HIV exposure)
• Followed up with Western Blot and ELISA tests; both results negative for these tests

Secodary tests, administered by Talent Testing Services (TTS) –

• August 29 – PCR/DNA test is reported to patient as “reactive”
• Followed up with Western Blot and ELISA tests that produced negative result
• August 31 – Patient is contacted by TTS and told that results of an additional PCR/DNA test on original blood sample is negative

Test administered by Advanced Medical Testing Centers (AMTC – an APHSS.org recommeneded testing facility) –

• Sept 3 – PCR/RNA, Western blot and ELISA tests all return negative results; patient is informed

FSC would like to add that none of the results for tests taken outside of APHSS.org program can be confirmed at this time, except as reported by he patient. Talent Testing Services is not a participant in APHSS.org.

Patient Alpha  has signed a medical information release waiver and APHSS.org medical advisers have requested copies of the raw data of the test results from Talent Testing Services. There has been no response at this time.

PCR/RNA is the only HIV test approved by the FDA for diagnostics in “primary or accute infection,” but also must be confirmed with supplementary tests. This is a more recently-developed test than the PCR/DNA, which is the industry standard for monthly testing of performers.

When test results were returned by AMTC and after consultation with APHSS.org medical advisers, FSC/APHSS.org was satisfied that the moratorium on content production could be lifted this past Saturday.

(Photo: Some rights reserved by Penubag)

Update on Possible HIV Exposure of Adult Industry Performer

Free Speech Coalition (FSC) announced today some important news for the industry. An HIV test for “Patient Alpha,” administered by an APHSS.org testing facility, has been returned with negative results.

Recognizing the importance of accurate information being presented to the industry and media, FSC stresses that while test results indicate a negative result for the patient, follow-up testing is appropriate in this case.

“This is good news for the primary patient, the industry will continue to be abundantly cautious as we try to nail down the reasons for what now appears to have been a false positive result on a previous test,” FSC Executive Director Diane Duke said. “After discussion with our medical expert, he has advised that it would be appropriate for production to resume and the focus of attention brought to those who had worked with the performer. That group is already receiving care.

“FSC/APHSS.org will narrow the circle of caution to focus our concern on the group of people who had worked with the performer,” Duke continued. “Our prayers and utmost empathy go out to the performer in what has been a very difficult period.”

FSC called for an industry-wide precautionary moratorium on production last Sunday, after reports of a preliminary HIV positive test result for an adult performer in Florida. The performer in question and the adult industry were demonized as rumors and misinformation spread like wildfire. But recent developments imply that industry standards are working.

Duke continued, “Industry self-regulation and best practices are alive and well in the adult entertainment industry – and they work. We fully understand that it is vitally important for the adult performers have a place to go that is safe, trusted and transparent.”

(Photo: Some rights reserved by Public Library of Science)

FSC Responds to False Accusations by AIDS Healthcare Foundation

Free Speech Coalition (FSC) has been falsely accused by AIDS Healthcare Foundation (AHF), of obstructing a medical investigation by Los Angeles County Public Health (LACPH), in regards to the latest incidence of the possible HIV exposure of an adult industry performer, in a press release issued by AHF today.

FSC, the adult industry trade association, would like to make clear that this accusation is completely false and that is appallingly irresponsible for AHF to accuse any adult industry members of wrong-doing without any basis in actual fact.

Official statements made today by AHF President Michael Weinstein at an AHF press conference are false and seemingly based on rumor and innuendo gathered from unreliable sources.

During that press conference, Weinstein also falsely accused FSC of witholding information from public health authorities.

FSC has received no contact from LACPH, out-of-state health officials, or AHF.

“This is another prime example of AHF and its President Michael Weinstein’s outrageous grandstanding, which is completely false and baseless,” FSC Executive Director Diane Duke. “AHF has a history of spreading misinformation in order to further their agenda to force government regulation of sexual behavior. Apparently, Mr. Weinstein will stop at nothing, including spreading false information, in order to call attention to AHF’s agenda.”

To FSC’s knowledge, there is no investigation being conducted by LACPH at this time. It is impossible for FSC to obstruct an investigation that, evidently, does not exist. In the event that FSC were to be contacted by authorities from LACPH or elswehere, it would endeavor to cooperate fully, while still protecting the rights of any individuals to medical privacy.

It should also be made clear that at this time FSC does not have authorized information confirming that a performer or any performers have tested positive for HIV. However, after reports received on Saturday were corroborated by various sources, there was enough serious concern regarding the possible infection for FSC to call a moratorium on production.

It also should be noted that the possible infection took place outside of California, and there is nothing to suggest that the Los Angeles adult production industry has been affected by any possible infections. However, adult production companies in Los Angeles have voluntarily agreed to the moratorium in order to eliminate the potential for exposure.

Also, the possible exposure and subsequent events took place outside of the APHSS.org database program and therefore, outside of the authority of FSC to implement industry exposure protocols. However, FSC has reached out to concerned parties and is providing assistance.

The APHSS.org database program was developed in order to fill the gap left by the closure of Adult Industry Medical Healthcare (AIM) that, since 1998, had been the primary testing facility for adult performers. AIM was closed in May, largely due to financial pressure brought on by relentless litigation waged against them by AHF. FSC administers the APHSS.org program, which was launched on August 1, and still in the process of organizing producers, agents and performers for participation in the program.

“AHF’s campaign for mandatory condoms has done nothing but create controversy and, with the closure of AIM, has deprived the adult industry of an important health and safety resource,” Duke continued. “The industry has successfully self-regulated since 1998, due to AIM and the cooperation of the content production industry nationwide. However, without a similar system in place, the issue of industry protocols not being followed by separate testing facilities presents substantial difficulties for maintaining health and safety standards.”

FSC also has consulted with legal advisers in order to issue a demand for an immediate retraction from AHF.

(Photo: Some rights reserved by Brad Gillette)

Information Regarding Possible HIV Exposure of Industry Performer

Free Speech Coalition was made aware of the possible HIV exposure of a performer on Saturday. In order to err on the side of caution and to eliminate any possible risk to performers, FSC called for an industry-wide moratorium Sunday night. This moratorium should remain in place until primary reports of any exposure are confirmed. In the event of the necessity for first and second generational testing, a list of any individuals that may have been exposed will be compiled and the moratorium will then be evaluated by our medical and legal advisers, as well as industry stakeholders. At this point, there is nothing to suggest that any individuals that may have been affected have performed in California.

At this point, FSC does not have an authorized information confirming that a performer or any performers have tested HIV-positive.

The incident occurred outside of California; however, the Los Angeles production community has voluntarily submitted to the moratorium as an appropriate response to the current situation. At this point there is nothing to suggest that the occurrence has affected the Los Angeles-based industry, but producers, agents and performers are cooperating in order to uphold health & safety protocols.

Due to the closure of the AIM clinic in May, FSC developed the Adult Production Health & Safety Services program – which was launched on August 1 – to fill the gap left for performer testing. Because of the newness of the APHSS.org program, FSC was in the process of signing up performers, producers and agents to the program, when the possible exposure occurred. The APHSS.org program implements industry-appropriate standards for exposure protocol and other health & safety guidelines.

The industry has had a successful system of health & safety self-regulation since 1998, despite any misinformation being spread by our opponents. It is an unfortunate fact that the closure of AIM was, in large part, due to relentless litigation against the clinic (as well as many other industry businesses) by AIDS Healthcare Foundation.

In fact, AHF has done more harm than good by their efforts to force regulations, with no interest in the well-being of adult industry performers. FSC and industry stakeholders have worked to ensure the well-being of any individuals that may have been affected by this latest possible occurrence, and will continue to do so into the future.

Updated 08-31-11

(Graphic: Courtesy of Tokyoship)

APHSS.org Legal Advisor Sends Letter to LA City Attorney Protesting Actions by Cal/OSHA, AHF

APHSS.org Legal Advisor and attorney Karen Tynan has issued a letter to the Los Angeles City Attorney Carmen Trutanich challenging actions by health & safety regulatory agency Cal/OSHA. The state agency recently sent a letter to the LA City Attorney allowing the city to enforce mandatory condom use through film permit requirements for adult productions.

“When I saw that counsel for Cal/OSHA was advising the City of Los Angeles to jump into this issue, I was appalled,” said Tynan. “I don’t see Cal/OSHA writing to the city council of Bakersfield or Fresno imploring those cities to write regulations on heat illness to protect the field workers, so why is Cal/OSHA taking this position on condoms?  This is another glaring example of the politics, judgment, and discrimination that swirl around the condom issue.

“I certainly hope that the Los Angeles City Attorney and his staff attorneys can cut through the misinformation and propaganda that continues to pour forth from AHF and their allies,” Tynan added.

In the letter, Tynan states clearly that Cal/OSHA’s attempt to hand off regulatory enforcement to local agencies is unprecedented on a legal basis, allowing local agencies to enforce health & safety regulation without clear authority to do so.

Also, Tynan points out several conflicts of interest raised by the relationship between the Cal/OSHA and nonprofit HIV organization AIDS Healthcare Foundation (AHF), including evidence that shows that AHF has provided expert witnesses and its own physicians to give testimony in proceedings regarding adult industry health & safety, while adult industry stakeholders had limited opportunities to present testimony or counterpoints to the data provided by AHF.

FSC, as the adult industry trade association, commissioned a report from respected biostatistician Lawrence Mayer MD, MFA, PhD, debunking the methodology used to analyze the data presented by AHF and showing that statistics used by AHF are inaccurate. That report was entered into record at the most recent Cal/OSHA meeting regarding adult industry health & safety.

“Since 2009, FSC and industry stakeholders have been working cooperatively with Cal/OSHA to arrive at industry-appropriate regulations for health & safety, so we are surprised at the latest developments,” said FSC Membership/Communications Director Joanne Cachapero. “Frankly, it’s shocking that a state agency would take action allowing the issues to become further politicized. The letter from Cal/OSHA to the LA City Attorney seems to indicate bias. It appears as if Cal/OSHA has decided to align their actions with Aids Healthcare Foundation’s continuing anti-industry campaign to mandate condom use on adult production sets.”

FSC recently launched the APHSS.org database program to uphold policies and protocols for health & safety on adult production sets. The program was developed to replace the gap left after the closure of the AIM clinic. The APHSS.org Advisory Committee is made up of performers, producers and agents, with Tynan serving as legal advisor. FSC and APHSS.org continues working toward industry-appropriate health & safety regulations on behalf of its members and industry stakeholders.

For more information on FSC or APHSS.org, contact joanne@freespeechcoalition.com or (818) 348-9373.

Tynan’s Letter re DOSH Revised

Dr Mayer report FSC AFI STI 06-03-11

(Photo: Some rights reserved by Horia Varlan)

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

FSC Applauds Court’s Decision on Performer Privacy

Alameda Superior Court Judge Winifred Smith this week issued a decision blocking Cal/OSHA’s subpoena for information in the 2009 case of “Patient Zero.” The state regulatory agency had subpoenaed now-defunct Adult Industry Medical Healthcare (AIM) for employment and medical information of Patient Zero, an adult performer, as well as all other adult performers who had received testing or treatment at AIM.

Judge Smith pointed out in her decision that Cal/OSHA’s request for information violated privacy rights of adult performers under the U.S. and California constitutions.

The judge issued a permanent injunction prohibiting Cal/OSHA from subpoenaing the confidential health records, medical information and personal identifying information of Patient Zero.

CalOSHA had argued that because adult performers tested at AIM had signed waivers allowing adult producers to view their test results that they had given up expectation of privacy.

However, the judge found that Patient Zero, as well as other performers, had reasonable expectation of privacy, and that Cal/OSHA had not “demonstrated by evidence or argument, a compelling need for the information sought in the subpoena.”

The court’s action is the latest development in proceedings by Cal/OSHA to regulate workplace safety on adult production sets, largely spurred on by complaints filed by AIDS Healthcare Foundation (AHF).

Attorney Karen Tynan, who specializes in OSHA litigation and has represented several adult companies, told FSC, “This ruling is a bit of a bittersweet victory since AHF has brought about the demise of AIM.

“However, this shows that AIM was properly and legally protecting patient privacy at all times,” she added.

Since 2009, AHF has relentlessly campaigned to mandate condoms and other barrier protection on adult production sets. The nonprofit HIV/AIDS organization continues to assert that sexually-transmitted infections in the performer population present a public health threat of “epidemic” proportions, citing data presented by LA County Health officials. To date, AHF has filed lawsuits and legal complaints against adult production studios, talent agents and LA County Health, in its attempt to force its condom-only agenda on the industry.

FSC, along with Tynan, industry stakeholders and compliance experts have been working with Cal/OSHA to arrive at industry appropriate regulations for workplace safety.

Recognizing the gap left by the closure of the AIM clinic, FSC is currently developing Adult Production Health & Safety Services (APHSS), in order to ensure that STI testing protocols for the industry continue, and to protect the safety of performers. Tynan will serve as legal advisor for the APHSS Advisory Committee, when the program is launched.

“New procedures and plans for industry medical testing and protection of performer privacy will be consistent with the legal analysis and conclusions offered by Judge Smith,” Tynan said.

(Photo courtesy of Glentamara)

 

CalOSHA Meeting Wrap-up, and a Thank You from FSC

Simply put, FSC would like to thank the performers, producers, agents, and other industry members that attended yesterday’s CalOSHA Subcommittee meeting.

It was a lively discussion, to say the least – and gave a voice to the adult industry, to answer claims made by industry critics, including AIDS Healthcare Foundation (AHF). It was the first time that CalOSHA had an opportunity to hear from legitimate industry stakeholders, and they heard hours of comments on proposed health & safety regulations that could affect the lives and livelihoods of the adult industry community – from the adult industry community.

Industry attorney Paul Cambria (there on behalf of Vivid Entertainment) spoke first, and entered into record the FSC-commissioned report by respected Johns Hopkins professor, biostatistician and epidemiologist Dr. Lawrence Mayer. The report states that data presented by LA County Public Health officials Drs. Robert Kim-Farley and Peter Kerndt is “flawed” and “without basis in science.” Prior to Dr. Mayer’s report, the only data on rates of adult industry STIs was from LA County Public Health, and now, that data has been called into question.

Following Cambria, industry members spoke up to question and offer comments on a 17-page draft of proposed health and safety regulations (link below), which the subcommittee is considering for submission to the CalOSHA Standards Board.

Throughout the meeting, the questions and comments from industry members were impassioned, intelligent and mostly from performers that voiced their independent opinions – and outrage – at feelings of being left out of regulatory protocol that will affect them, while outside healthcare organizations and medical authorities have aggressively pushed their agendas for regulating the adult industry.

Special thanks to performer Danny Wylde and industry activist Michael Whiteacre for helping to rally performers to attend the meeting. Also, to Girlfriends Films owner Dan O’Connell and GF vice president Moose for the company’s continued support of FSC and for spreading the word to their models, many of whom attended yesterday. Wicked Pictures, a longtime supporter of FSC, was represented at the meeting by Jessica Drake, Brad Armstrong and Kaylani Lei.

Thanks to all the independent performers, like Nicki Hunter, who was interviewed by the LA Daily News, and said, “I think the intentions are good, but the proposals are unrealistic in the industry. If this does pass, the industry will move to Nevada.”

To performers Ela Darling, Lilly Cade, and Sarah Shevon, who questioned the scope of potential barrier control methods. And Darryl Hannah, who eloquently expressed her disgust and mistrust of the process. To agent Shy Love, whose fiery commentary called anti-adult Pink Cross Foundation out on the carpet.

Performers like John Magnum, who tried to build bridges of understanding with their questions – indicating to all those gathered – that the industry is not anti-regulation but, instead, pro-choice for performers. Who knows better than them, the risks they face and the precautions they take to protect themselves on a daily basis?

To everyone that spoke up to say – putting the issue of barrier protection aside – that testing and self-regulation imposed by the industry has worked and protected them, proving that they are not a “public health threat” and that conditions are not “epidemic,” as some anti-adult activists would have you believe. In fact, that in comparison to other sexually-active groups in the general population, the performer STI rates are lower and that infections are detected sooner because of frequent testing protocol.

To director Eli Cross and performer Tommy Gunn, who pointed out that stunt men, boxers and mixed martial arts fighters risk exposure to bodily fluids, just like adult performers – and that even a simple French kiss in a mainstream movie can put actors at risk of exposure.

To Nina Hartley, who expressed concern for her friends and family if the proposed regulations were passed – and her husband director Ira Levine, who patiently nailed down direct responses from officials.

Agents like Derek Hay and Mark Spiegler, who explained the business aspects involved in arriving at practical regulatory decisions. And to FSC board member and industry veteran Christian Mann, who brought up the producer’s point of view, alongside Cyd Black and several other content producers.

To performer Kara Price, who signed up for FSC membership prior to the meeting and also showed up to voice her opinions at the meeting. And to all those at the meeting that did not get a chance to speak, but showed their support simply by being there. To any of those we may have missed…

To attorneys Karen Tynan and Kevin Bland, who have worked tirelessly to help FSC and other adult industry companies in dealing with CalOSHA.

And, lastly, to all the industry members that couldn’t be there, but followed the live Tweets, asking questions and stating their opinions online. For industry members that would like to submit their questions and comments directly to CalOSHA, contact Subcommittee Director dgold@dir.ca.gov.

FSC would like to thank each and every one for fighting the good fight. It is great to feel the support and see industry stakeholders involved in the process. CalOSHA stated that they do not expect another meeting until the end of the year – but until then, FSC will keep you informed and updated. Anyone with questions, or who would like more information on FSC, please contact joanne@freespeechcoalition.com.

And again – thank you. -jc

Sexually Transmitted Infections Discussion Draft for 6-7-11 meeting — circ

Photos from CalOSHA Subcommittee Meeting, June 7

FSC Executive Director Diane Duke addresses the subcommittee

Performer Sarah Shevon speaking to the assembly

Industry members, with 'Patient Zeta' Derrick Burts in the foreground (green shirt)

Director Eli Cross queues up to voice his opinion

Performer Kara Price makes her point

Agent Shy Love is not shy, as Directors/Performers Brad Armstrong and Jessica Drake look on (l to r)

Performer Nina Hartley talks about her concerns for the industry

Director Ira Levine asked tough questions

The room was so crowded with industry folks that they had to bring extra chairs and open an adjacent room

The CalOSHA Subcommittee heard comments from many performers, agents and producers

(Photos courtesy of Percy Leon)