Assembly Bill 332 is also known as AB-332, and you had better pay attention to it!!
In a press conference held on February 14, 2013 at the offices of AIDS Healthcare Foundation (AHF), California State Assemblyperson Isadore Hall III introduced Assembly Bill 332 (full text of the bill linked here). AB-332 would change the California Labor Code to require that all adult performers use “engineering and work practice controls” when performing sex acts in porn.
“Engineering and work practice controls”?
Specifically, the bill would create a new Labor Code section – Section 6720. Part C of (proposed) Section 6720 reads: “An employer shall maintain engineering and work practice controls sufficient to protect employees from exposure to blood and any potentially infectious materials. Engineering and work practice controls shall include, but are not limited to, the following…” And then we get a list of five things.
For example, Thing #2 – Section 6720(c)(2) – reads: “[An example of an 'engineering and work practice control' includes p]rovision of and required use of condoms and other protective barriers whenever acts of vaginal or anal intercourse are filmed.” (emphasis added)
Other noteworthy proposed provisions include:
Sec. 6720(b)(2) - “Employee” means a person who is an employee, independent contractor, or unpaid individual, regardless of whether the person is shown in the adult film, who performs a penetrative sexual act or an act for the sexual stimulation of the viewer that involves exposure to bloodborne pathogens or other potentially infectious materials.
Sec. 6720(e) - An employer shall make available the hepatitis B vaccination for any employee engaged in the production of adult films, at the employer’s expense
Sec. 6720(f) – An employer shall designate a custodian of records for purposes of this section. A copy of the original production shall be retained by the custodian of records.
…and so much more. (read the full text of Section 6720 –> here)
These concepts!! These proposals!! These mandates, provisions, definitions, and so many other deeply discriminatory, disturbing, and problematic dimensions… I am almost flabbergasted to the point of speechlessness/typelessness. Almost.
This article from AVN’s Mark Kernes is a must read — discussion of the ins-and-outs of Assembly Bill 332/proposed CA Labor Code Section 6720 here –> “Calif. Assemblymember Introduces Statewide Forced Condom Bill”
Further, “FSC Responds to Proposed Statewide Legislation to Mandate Condoms in Adult Productions” –> here
Free Speech Coalition (FSC) CEO Diane Duke stated:
“Tragically, this law – if passed – will not only waste taxpayer dollars and compromise the effective performer health protocols already in place, but also compromise funding for critical HIV programs by diverting program funds to create an unnecessary condom-police bureaucracy,” Duke said. “Additionally, this regulation would force an industry vital to the San Fernando Valley and to California’s economy out of the area.” (here)
In the video below, Isadore explains his reasoning for introducing legislation to make condoms mandatory in California. In the video, he’s flanked by AHF President Michael Weinstein and Darren James, an HIV-positive former performer.
(video from XBIZ here; also on YouTube and Isadore’s site, 2/14/13)
Friends, be you residents of the state of California or not… be you members of the adult community or otherwise… be you fans of adult entertainment or completely disgusted by porn, I implore you – please pay attention to AB-332!!
There are no words to describe how detrimental this could be… for the state of CA’s near-collapsing economy, for the health and well-being of adult performers, and for all our civil liberties associated with workplace autonomy and free expression (including sexual expression).
PLEASE take some time to consider proposed bill AB-332, PLEASE ask me any questions you have and/or seek out answers elsewhere, and PLEASE help to protect the rights of an oft-disciminated against and commonly misunderstood group of humans… especially because your rights are not too far removed from “theirs”!!
Contact Isadore Hall here via his state-sponsored website or on Twitter at @IsadoreHall.
Also, contact the San Fernando Valley’s representative, Bob Blumenfield - implore him to take action!! – via his state-sponsored website here or on Twitter at @BobBlumenfield.
YOU MUST TAKE ACTION!! YOU HAVE NO EXCUSE AND CANNOT COMPLAIN IF YOU DO NOT TAKE ACTION NOW!!
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So basically they are using deliberately vague and confusing language to pass a statewide condom mandate. Yeah, that sounds about right. I guess if the state wants to lose out on all the money the porn industry provides, then that is their prerogative. I can guarantee this. If this ends up going statewide, then the porn industry either leaves California or they go underground. Either way, they won’t be paying those taxes and permit fees.
I hear Miami is real nice or Las Vegas.
When is the industry going to learn that trying to fight this on a Freedom of Speech platform will NOT work? The best argument is that in no other work safety case, has a group NOT OF the industry they claim to want to regulate, ever been allowed to set safety regulations. It’s like the porn industry insisting on setting workplace safety regulations and guidelines for car manufacturers!
I do think AHF may have bitten off a bit more than they can chew by going after the bareback gay studios. That gets into some nasty “hate speech” and attacks on the GLBT community. The same community BTW, that first supported AHF, however at this point have pulled away from AHF because the majority do NOT agree with the AHF’s agenda, since they have been against not only HIV testing, but also HIV/AIDs research, the proposed vaccine and other real forms of prevention.
Let’s face it, Whineystein has a fetish for condoms. That’s all he sees, all he knows and all he will ever fight for. I actually pity the man in some ways . . . . He’s willing to let people die by spreading his own misinformation, instead of actually waking up to the advances in testing and treatment of this disease he claims to champion.
Unfortunately history is replete with examples of sleepy, contented people allowing their civil rights to fade away in exchange for “protection” from a marginalized group of fellow citizens. I agree with Sherry that a fight on the grounds of free speech is not likely to be effective. For most free speech is only grounds for a fight when they are old to muzzle it. How many readers of this piece had as visceral of a reaction to…say, The Patriot Act? Fighting on the basis of dollars would likely be far more effective. Perhaps a couple of major studio heads could be persuaded to comment on relocating a substantial tax paying industry. Is something like that even feasible, likely? These would be interesting and salient questions to sound them out on.
Kind of surprised you didn’t see this, Doc:
http://bppa.blogspot.com/2013/02/wherever-they-go-we-will-follow-them.html