PVV – Assembly Bill 332 updates #AB332

I am currently on a little live/work trip in Las Vegas, but I thought you all might enjoy an Assembly Bill 332 update… (many links about AB-332 on PVV here)

Proposed this passed February, AB-332 seeks to change the California Labor Code such that all adult performers would be required to use “engineering and work practice controls” when performing sex acts in porn.

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…”

(1) Simulation of sex acts using acting, production, and postproduction techniques.

(2) Provision of and required use of condoms and other protective barriers whenever acts of vaginal or anal intercourse are filmed. [emphases added]


The full text of the AB-332 is here. I have written more on the subject, including great and grave detail as to why I think AB-332 is a bad idea, here.

The first committee hearing for AB-332 – to be heard by the California legislature’s Arts, Entertainment, Sports, Tourism and Internet Media committee, which is composed of seven state assembly members (Ian Calderon, Marie Waldron, Richard Bloom, Cheryl Brown, Jimmy Gomez, Marc Levine, and Scott Wilk) – was scheduled for Tuesday March 19, 2013. Unfortunately, the hearing’s cancellation was announced at the last possible minute on Tuesday morning. (I got word of the cancellation on Monday afternoon though)


Apparently the bill was taken off the committee’s agenda, which means that whomever wrote/sponsored the bill (California State Assemblymember Isadore Hall III) felt that either 1) it wasn’t well-written enough to fly and/or 2) it simply didn’t have enough support to pass.


So the bill has been tabled by the Arts, Entertainment, Sports, Tourism and Internet Media committee, to be handed over to the California legistlature’s Labor Committee for further consideration… (here)

But then (in spite of the cancellation? because of the cancellation? something else..?), in some delightful AHF press conference/circus held Tuesday morning, a “test case” complaint against Immoral Productions for (allegedly) filming sex scenes without condoms was announced.

Apparently, AHF received an anonymous tip and accompanying video footage (but the video footage is just a link from Immoral Live online, which is not the same as some sort of guerrilla footage from a set or something) from someone who had knowledge of and access to the Immoral set. AHF took great pains to announce that this person was not on their payroll… Really? The tipster reports to AHF, not to the cops or to the LA County Department of Public Health? (all that here)

To read AHF’s complaint letter in its entirety, go here.

le sigh…

FSC responded:

At a press conference [on Tuesday March 19, 2013], AHF announced that it has filed a complaint against adult production company Immoral Productions. In response to the latest developments involving AHF’s relentless attacks on the adult industry, FSC CEO Diane Duke has issued the following statement:

“There hasn’t been an on set transmission of HIV since 2004 – nationwide. Adult film industry protocols are highly effective, which is why it is so preposterous that AHF has spent millions on a problem that doesn’t exist. Moreover, AHF has yet to bring forth performers who are not on their payroll and now, an ‘anonymous’ letter? Countless adult film performers have come out against AHF’s crusade as detrimental to their health and their livelihood,” Duke said.

“The bottom line is that AHF’s efforts will only diminish performer safety, drive jobs out of LA and California and spend valuable tax dollars on a non-issue,” Duke added.

As the adult industry trade association, FSC has opposed AHF’s special interest campaign for barrier protection use in adult productions since 2007.

In 2010, after a lawsuit brought by AHF delivered a crippling financial blow to the Adult Industry Medical Healthcare (AIM) clinic, which had been the primary source of healthcare services for industry performers. At that time, FSC stepped in to uphold industry-appropriate standards and protocols for production safety and developed the APHSS.org database program, to oversee performer STD testing.

In 2012, after an estimated $6 million dollars in campaign expenditures by AHF, county voters passed the Los Angeles ‘Safer Sex’ Ordinance for Adult Productions (aka Measure B) by a margin of 57% to 43%. Language on the ballot scarcely stated to voters the proposed barrier protection use, which includes condoms, dental dams, goggles and gloves. Soon after the election, Vivid Entertainment and two performer co-plaintiffs filed suit against the County of Los Angeles, in an effort to strike down the regulation. The case is ongoing.

AHF’s anti-adult industry attempts continue with Assembly Bill 332, which was to be introduced in committee today in Sacramento. The bill has been tabled by the Arts & Entertainment committee, but was handed over to the Labor Committee for further consideration.

FSC will continue to oppose AB 332 and the Los Angeles ordinance as unconstitutional and a burden on both adult industry and California taxpayers. If you would like to find out more about the Los Angeles ordinance, AB 332, or how YOU can help fight AHF’s big money, special interest campaign, contact info@freespeechcoalition.com and follow us @FSCArmy.


And all this happened before noon on Tuesday. (pretty much)


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