LOS ANGELES (CNS) – A measure aimed at adding teeth to a law requiring adult-film performers to wear condoms during sex scenes, and at making producers and film distributors liable for violations, was defeated by voters, according to final ballot tallies released today. Proposition 60 was strongly opposed by the adult-film industry, including producers and many performers, and was primarily backed by the Hollywood-based AIDS Healthcare Foundation, which spearheaded a similar law that was approved by Los Angeles County voters in 2012.
The measure would have required adult-film producers to pay for performer vaccinations, testing and medical exams for sexually transmitted diseases. It would have also mandated that a notification be posted at film sites, and film producers would have been required to obtain health licenses. The proposition also imposed liability for violations on producers, distributors and performers who have a financial interest in the film, as well as on talent agents who refer performers to non-compliant producers. AIDS Healthcare Foundation officials argued that condom use has been required by state law since 1992, but said Prop 60 would close “loopholes” and bolster enforcement “so pornographers can more readily be held accountable” for ensuring workplace protection.
“But pornographers blatantly ignore the law,” according to a ballot argument signed by AHF board chair Cynthia Davis and Derrick Burts, a former adult-film performer who is HIV-positive.
“They complain condom use in their films will hurt their profits. They fire and blacklist adult film performers who want to protect themselves with condoms.” Opponents of the measure, however, contended it would do little to improve the safety of performers, but will create a “lawsuit bonanza.”
“The initiative creates a new private right of action authorizing the proponent and all 38 million residents of California to file lawsuits directly against those who produce or distribute adult content, which could include adult film performers, even injured performers, on-set crew and cable and satellite television companies,” opponents argue.
“No other worker in California can be sued this way.” Officials with the state Division of Occupational Safety and Health, or Cal/OSHA, stressed that condom use is already required “to protect workers from exposure to blood and other potentially infectious materials.” `
`This existing requirement has been in effect since 1993 and Cal/OSHA will continue to enforce the existing rules,” according to the agency.
CNS-11-09-2016 17:51
