The Proposed Cal-OSHA Guidelines For The Adult Industry

 

In the past we have been lumped in with medical facilities and such but when this passes that will no longer be the case and we can finally put an end to the whole brainless notion of “hazmat suits” and what not.

This is a LONG read so I wont print the whole thing here but will simply offer it as a link to a document that you can download and read.

Section 5193 1 STI form 9 text 10-2-13-draft

Every person in porn should read this, the rules are comprehensive including that vaccines for Hep A and B and HPV are REQUIRED and it is required that the EMPLOYER pay for them.   The EMPLOYER is also to pay for testing and post exposure treatments.

If this is approved it becomes LAW!

 

90 Replies to “The Proposed Cal-OSHA Guidelines For The Adult Industry”

  1. chrisdelani

    I’d love to hear how this will affect a majority of porn producers such as Rodney Moore. I dont see him paying for tests or vaccines. Maybe these guidelines mean nothing porn girls will be considered/treated like independent contractors. Vivid and Wicked will be the only ones paying for tests/vaccines for their contract girls .. if they still have any.

  2. kate

    Chris, for safety regulations most workers in California are employees not independent contractors. There’s established case law on it.

  3. kate

    And Chris, do you think Cal/Osha would go to the trouble of drafting amendments to Cal. Bloodborne pathogens statute to clarify and strengthen workplace safety requirements for the adult film industry and not be able to enforce it if approved?

  4. Nick East

    Hey Talent! You are ALL considered EMPLOYEES!!! Don’t let ANY producers tell you otherwise!!! And a vaccination is NOT A CONSPIRACY AGAINST YOUR HEALTH!!! @chrisdelani: Really? Pulling the old independent contractor bullshit out of a hat again? Next you’ll be telling us how it won’t matter since the companies will all be packing up and leaving California, right? Well, let me save you the trouble… These people have families and friends and lives and they are NOT going to pack up and leave the state! They are going to step up to the plate and protect the health of their EMPLOYEES, one and all!!! Fire your agents!!!! They are NOT on your side!!!!! If they were, THEY would require condoms AND FOLLOW THE LAW!!!!

  5. chrisdelani

    Nick, your panties in a bunch again? Try taking the caps lock off it doesnt help your arguement in anyway. I asked a simple question. Guys like Rodney Moore, Danny Ocean, CJ Wright and the 10,000 “producers” shooting for their clips4sale site dont read this website, or the lesser website and they will continue to book girls off craigslist/backpage and where ever. What about them? There is a huge segment of the American porn scene that either does care or has no clue who AHF or FSC is and they are not in CA so they arent bound by any Cali law. Again I reference clips4sale. Goto the website, goto the first page and I can assure you probably less then 10% of the scenes are done in Sunny Cali.

    Nick if you are going to reply, please gain your composure and refrain from typing in all caps.

  6. kate

    We’re talking about California. You can read right, Chris?
    what’s this obsession you have with clips4sale?
    This rant you’re going on about clips4sale you didn’t mention in your previous comment.

    You also said.. ” porn girls will be considered/ treated like independent contractors.” Not in the state of California they won’t.

    And then you said… ” vivid and wicked will be the only ones paying for tests /vaccines for their contract girls…if they still have any”… WRONG CHRIS!!!

    Instead of being a smart ass… if you’re that concerned about clips4sale..why don’t you ask Michael Fattorosi.. he’s a lawyer…

    I’M EMBARRASSED FOR YA, CHRIS…OOPS…MY CAP LOCK GOT STUCK. 😉

  7. chrisdelani

    Kate,

    If you were half as intelligent as you think you are, you’d be splitting atoms in your spare time. The title of this page is “Guidelines for the Adult Industry”. The “industry” only exists in California right?

  8. richard373

    Rob Black : Diane Duke Says Statistically Somebody’s Going To Get HIV

    Condom use would lower the risk

    –Tom Byron

    On his Friday night show Rob talked about the money being generated from testing.

    “Diane Duke went on James “Liberace” Bartholet’s show and she did an interview and she talked about how many members and how many people in the business go in for testing.”

    “I said 500 talent that test every month and it came out to 2 million dollars a year. Then I heard the number was actually 1000 and that put the number up to 4 million.”

    “Then I heard the bit on Bartholet’s show and I heard the number was 3000 members. She said if you take a look at the actual population, we have over 3000 performers in our database. Statistically somebody’s going to get HIV. It’s going to happen.”

    “This is what Diane Duke said in this interview. I touched on this the other day, that people are bound to get HIV.”

    “Now what I’ve got to focus on is the 3000 performers in the database. My figure was 500. I had heard somebody say 1000. But then Diane Duke says the number is actually 3000 performers and that’s what she’s basing her statistics off of for disease.”

    “So if you add the money up based on twice a month testing the number is 12 million. 12 MILLION DOLLARS.”

    “I guess we know now why the fight is going on. This is coming from Diane Duke’s mouth. If you’re going to use the figure of 3000 performers to base statistics on, you’re saying that there are 3000 paying customers, and if they’re paying customers, add up one year and it comes out to 12 million dollars.”

    “Diane Duke. Where is the 12 million dollars? There’s either 12 million dollars or there’s a lot more disease going around than you’re telling everybody. Either there are a lot more people walking around with diseases and just disappearing, like Sofia Delgado. Or you and Free Speech Coalition are whacking up 12 million dollars a year.”

    “These are your own words, not mine. I’m not making any of them up. Diane Duke was on James Bartholet’s show and she said statistically people in the business are going to get HIV and there’s nothing you can do about it. She also said that there were 3000 people getting tested twice a month and when you add that up it’s 12 million dollars.”

    “You say Rob, they just started doing the two times a month testing. So back it up and the figure they have been getting is 6 million dollars. Six fucking million dollars. Man I can’t even fathom six million dollars.”

    “Do you realize with that much money how much healthcare could be provided to the talent? Do you realize what kind of jobs programs could be provided for the talent? Where if you get tired of selling your pussy at the AirTel plaza hotel you could get some kind of job training for life after porn?”

    “And when Diane Duke throws out that number of 3000 performers and says statistically some of them are going to get HIV, wouldn’t that risk be diminished by wearing condoms?”

    “You all believe these people that tell you if you just shut your mouth and go along with the program, you’re gonna get a pot of gold. That if you tow the line the 1% are going to let you into their club? Never going to happen.”

    “You think by towing the company line Steven Hirsch and Marci Hirsch are going to let you fly on their private jet?”

    “They say statistically this and statistically that. If they wear condoms doesn’t that lower that statistical rate? They say well yeah, Rob, but we don’t want to wear condoms. Why? Because they don’t sell. Bullshit. Look at Wicked Pictures and they just signed Asa Akira. They irritate girls pussies. Bullshit. Look at the Wicked girls.

    So you have Diane Duke, 3000 fucking performers, you have 12 million dollars and you got statistically people are gonna get AIDS. But she won’t admit that statistically condom use would lower the risk.”

    “This has been going on for years. I told you the story of when Tom Byron was on the set of Star Wars and that writer Romero from LA Weekly was there and was interviewing him and started talking about the condom debate, and Tom Byron said, I didn’t really want to talk about that, because I’m here to talk about Star Wars, I’m here in Obi-Wan makeup. So he came home and told me and said that there is no way to tow the company line without being a liar and sounding like an idiot. So how do you do an interview about this issue and not sound like the most ignorant buffoon in the world by saying we shouldn’t use condoms? So I would rather not talk about something than look like an ignorant buffoon.”

    “There’s no way around it when somebody goes, don’t you think it’d be safer if you guys wore condoms and you say no. That’s it. It’s over.”

    “Don’t you guys get it? Diane Duke doesn’t get it, Steve Hirsch don’t get it. The lawyers get it, because they’re the ones fleecing all of you guys.”

    “Remember Cal/OSHA wanted to work with you guys and Bryn Pryor folded and arms and stomped and screamed at these people. Cal/OSHA makes no distinction between a porn set and Subway, so when you have a gay company like Factory Video saying well we didn’t get THAT many blood -borne pathogen citations that’s like Subway saying we don’t have that much rat hair in our food.

    “12 million dollars, 6 million dollars and don’t forget these tests are all free from AIDS Healthcare Foundation. That’s the kicker in the balls. We throw around all these dollar figures and at the end of the day it’s all fucking free. How come nobody wants to talk about that elephant in the room?”

    “This is cut and dry. There is no disputing it unless you lie. And if you lie, there’s no reason for you to be part of the conversation.

  9. kate

    Oh Chris…you REALLY are stupid. I guess you REALLY can’t read..
    Cal/Osha is drafting amendments to CALIFORNIA’S blood borne pathogens statue to clarify and strengthen etc etc…(read my above comment …if you can)

    Now Chris…pay attention… the ONLY state where it’s legal to film porn…where there are laws to protect the performers is CALIFORNIA and apparently new Hampshire….anywhere else it’s illegal…or you can say..there are no laws to protect performers….

    So by you coming on here to ask your stupid question..and say that the producers at clips4sale are filming outside of California …. you’re saying they’re breaking the law…

    Pssst…Chris…I’m not a lawyer but I’m pretty sure these laws apply to everyone….

    OH AND PSSST, CHRIS…YOURE DEFINITELY NOT THE BRIGHTEST BULB ON THE BLOG!!! HAHA…. DAMN CAPS LOCK IS STUCK AGAIN. 😉

  10. chrisdelani

    Kate,

    Your ignorance seems to be limitless. Score Group, Reality Kings and Bang Bros all shoot in Florida on a regular basis. They all shoot alot. By your reasoning since they are breaking the law it doesnt matter what they do. Luckily what you think simply doesnt matter. You can just keep the caps lock on full time as it highlights your stupidity.

  11. kate

    Chris, give it up already… if you don’t believe me go ask Michael Fattorosi…I heard Michael weinstein reads this blog…I’m sure he’ll be interested in what you had to say.. 😉

    Chris, it’s OK to be wrong…so you made an ass out of yourself from your first comment…it’s OK…. And the more you open your mouth the bigger the hole you dig… and the bigger ass you make out of yourself…it’s OK.. your rants regarding clips4sale is bizarre….
    So you made an ass out of yourself talking about independent contractors. And the vivid/wicked comment…it’s OK.
    So you took a couple of cheap swipes at nick because you know he’s right and you’re wrong….and it was your desperate attempt to get a reaction out of him….really pathetic…. now your putting words in my mouth because you know I’m right and you are making an ass out of yourself….

    GIVE IT UP CHRIS….THIS IS GETTING PITIFUL!!! 🙁
    DAMN CAPS LOCK!!! 😀

  12. Lacey Blake

    From my viewpoint, there would be a few points worth mentioning:
    1. Any laws or protocols put in place currently are for the adult industry which is in California.
    2. Anyone shooting outside of California (or NH) is shooting illegally. (or within the very small sector in most states where there is no definitive opinion on whether the filming of sex falls under prostitution or not? Which, by default, kind of makes it unknown unless you’re caught and then it’s illegal? I don’t know? It’s fucking confusing?)
    3. Therefore, any laws or guidelines don’t apply to those living outside of CA/NH because you can’t really make new laws and guidelines for something that is already illegal.
    Performers filming in states other than CA/NH have no rules or regulations and, also, no regular or governmental protections because they are basically shooting illegally “underground” until someone decides to push the issue and get an answer from their state legislators whether adult filming is considered prostitution or not??

    To put it bluntly, none of this shit applies to anyone outside of California.

  13. kate

    According to Michael Fattorosi… who’s a lawyer.. filming porn in Florida is illegal..
    Look at section.. 796.09 (3) (h)
    Michael said the model release don’t survive.
    Look at section… 796.09 (3) (n)
    and of course Michael “lowlife” Whiteacre disagreed with Michael Fattorosi…a lawyer… so you KNOW it’s illegal to film porn in Florida.

    796.09: Coercion; civil cause of action; evidence; defenses; attorney’s fees
    (1) A person has a cause of action for compensatory and punitive damages against:

    (a) A person who coerced that person into prostitution;

    (b) A person who coerces that person to remain in prostitution; or

    (c) A person who uses coercion to collect or receive any part of that person’s earnings derived from prostitution.

    (2) As used in this section, the term “prostitution” has the same meaning as in s. 796.07.

    (3) As used in this section, the term “coercion” means any practice of domination, restraint, or inducement for the purpose of or with the reasonably foreseeable effect of causing another person to engage in or remain in prostitution or to relinquish earnings derived from prostitution, and includes, but is not limited to:

    (a) Physical force or threats of physical force.

    (b) Physical or mental torture.

    (c) Kidnapping.

    (d) Blackmail.

    (e) Extortion or claims of indebtedness.

    (f) Threat of legal complaint or report of delinquency.

    (g) Threat to interfere with parental rights or responsibilities, whether by judicial or administrative action or otherwise.

    (h) Promise of legal benefit.

    (i) Promise of greater financial rewards.

    (j) Promise of marriage.

    (k) Restraint of speech or communication with others.

    (l) Exploitation of a condition of developmental disability, cognitive limitation, affective disorder, or substance dependency.

    (m) Exploitation of victimization by sexual abuse.

    (n) Exploitation of pornographic performance.

    (o) Exploitation of human needs for food, shelter, safety, or affection.

  14. CharityBangs

    Its a shame its come to this. That producers have taken advantage of performers for so long that the govt has to step in. Sure most of the underground producers won’t follow this but it only takes shooting w one “legal” producer per month to have your test paid for…. bet they’re kicking themselves for not coming up w some system before this to pay for a portion of the test aren’t they.

  15. kate

    Oh Look!!! Michael Weinstein also said filming porn in Florida is illegal. HI!!! Michael Weinstein!!!

    “Both California and New Hampshire have supreme court rulings calling [porn production] free speech,” Weinstein says. “Even though there is a big business elsewhere in the U.S. — particularly in South Florida — technically it is considered prostitution. It’s illegal.”

  16. jw

    This is sad, but isn’t this what everyone wanted!! Everyone attracted the government to step in, so now they are. You all got what you wanted. CONGRATULATIONS for a job well don!

  17. Nick East

    My panties in a bunch? Oh, how cute!!! And until there is a way to highlight certain words I will continue to use capital letters to emphasize certain words to make them stand out. This isn’t fifth grade recess, chrisdelani!!!! The only people here getting a kick out of you bullying me is other members of the FSC!!! The rest of the readers are seeing just how childish the FSC really is!!! And don’t you dare tell me how to reply to you or anyone else, you FSC troll!!!

  18. Nick East

    @chrisdelani a/k/a fifth grade bully!!! Calling people names because you can’t even begin to come up with an argument that makes even the slightest sense is what is happening here!!! So let me state the obvious… The majority of porn is shot in the San Fernando Valley, and the people breaking the law in other states will soon be dealt with in an extreme manner, trust me on that!!!!
    Remember, chris, the name calling starts when you have already realized you have lost the debate. Or didn’t you take debate in school?

  19. Hunter

    “Michael “lowlife” Whiteacre disagreed with Michael Fattorosi…a lawyer”

    Lowlife. Lawyer. Isn’t that redundant?

  20. Lacey Blake

    @CharityBangs-
    “That producers have taken advantage of performers for so long that the govt has to step in.”

    What is this statement supposed to mean exactly? I may be reading it wrong, but what do producers taking advantage of performers have to do with Cal-OSHA guidelines? Are you referring to them not paying for talent testing?
    If so, do you think these guidelines would have been avoided if they would have just agreed to pay for all testing?
    Just curious?

  21. Nick East

    @jw: What is sad about this? Answer::: NOTHING!!! I want government regulation!!!!! Why? Because the performers are a cauldron of STD’s and they are creating more and more antibiotic resistant STD’s and SPREADING THEM TO THE PUBLIC AT LARGE WITH IMPUNITY!!! In the old days, the limited distributors called the shots on what they would and would not distribute. Those days are long gone and NOBODY IS MINDING THE STORE!!!! Thank you, Michael Weinstein AND Assembly Member Isadore Hall!!!!

  22. jw

    Lacey don’t argue with Charity, don’t you know she’s oh I’d say about 22 and knows it all. I bet she has a much older boyfriend shes supporting, that’s why shes so concerned about who will pay for her test. I don’t even know who she is but I bet I’m right. Poor performers they’ve had to pay for there own test. If Charity doesn’t like it, why doesn’t she just get out of the business. Isn’t she the same Charity that wants a contract signed by talent to be clean from all STI’s. I pinky swear she is.

  23. Lacey Blake

    @jw –
    I don’t think anyone was actively “attracting” the government, but rather fighting back against governmental policy. Can’t really blame them for that even if the policies are to better protect them?

  24. RiccoMarin

    @ NickEsst. Chris Delani is the bored troll. Chris ” Dick Chibbles»
    Farkas. Alias Third Axis

    Remember……

  25. Lacey Blake

    I think I did read something recently that once health and safety guidelines are approved in CA, then they will go after ALL distributors and not allow content to be distributed if it does not adhere to the Cal-OSHA guidelines.
    I understand this seems to make no sense, but you have to look at the larger picture:

    1. California – Legal to shoot pornography under CA law with Cal-OSHA guidelines.
    (NH – Legal to shoot pornography also.)

    2. Every other state – Unless challenged in court to a victory, porn is illegal to shoot.

    So, what happens is if a distributor/producer shoots a film in FL and then tries to distribute his movies (which would not adhere to Cal-OSHA guidelines) then he would not be able to distribute the film since: 1. It would prove he shot it in an illegal state.
    OR
    2. He shot it in CA without following the correct Cal-OSHA guidelines.

    So, it’s primarily a CA law which could potentially effect all other states and distribution channels.
    Unless, a company or organization brought the matter before a court to determine whether the shooting of pornography is, in fact, legal or illegal?
    Of course, then you would have to go through the health/safety/testing/condom laws in that particular state also.

  26. rawalex

    Kate, while you make a nice argument, the legal facts don’t exactly line up.

    The AG of the US has said in the past that “some” porn is protected speech, which is why the generally don’t go after mainstream, middle of the road porn as obscenity, as it is protected speech. On that basis, a law that forbids what is protected speech likely would not stand up to a properly created and presented first amendment challenge. Thus while there may be a “law on the books” that outlaws in your opinion the production of porn (even if it is not exploitive), it’s more reasonable to accept and understand that the law itself is unlikely to stand up to a real challenge, which is why it is not enforced in that manner.

    You need to understand too, a lawyer saying something is “technically” considered prostitution does not mean for a moment that it is in fact enforced in that manner. With the existing rulings and the comments by the AG of the US, the status of porn production in Florida is more “subject to potential legal hassles” rather than purely illegal.

  27. kate

    Chris, are you still around…loser
    Michael Fattorosi said that if Fed Osha approves these regs. They can be adopted by any state in the U.S. and they will become law there as well. So these regs are not just limited to California -they could just as easily be implemented in Nevada, Florida, Arizona or New York.
    So you were WRONG CHRIS…. Go Weinstein!!!!
    Nick’s Awesome!! I’m awesome!!! And you Chris…are a LOSER!! 🙁

  28. kate

    Mike: you have to read this speech from Diane Duke. She’s trying to shut up the bloggers. I guess we’re speaking tooo much truth!!
    Hilarious!!!

    No really, I’m fine…but it’s the industry I’m worried about

    I have been getting a number of calls and emails of late asking me if I am okay. Friends, industry members and even some people I have never met have been showing up in force to provide kind words of support. Why do these people feel the need to reach out to me? Because lately I have been the target of a couple of bloggers rage-filled ramblings. It’s fascinating really that these bloggers feel so compelled to try and bring me down. I don’t read their blogs, I have trusted friends who will tell me if there is something there…so far, nada. I am not the only one under attack and, to be honest, I feel honored to be amongst their list of distinguished targets who are some of the people I most respect in the industry.

    I have been accused of meeting with terrorists, having connections with the mafia, leaking confidential medical information, fiscal impropriety and so much more. Anyone who has spent more than a minute with me understands the absurdity of these and other allegations. It would be funny were it not so tragic. Clearly, these bloggers are striking out in a desperate attempt to be relevant despite their impotent lives. I learned early on that hate and anger are wasted emotions, and I do feel compassion for their dismal circumstances. However, despite my personal viewpoint, my first priority is to protect the good people and companies that make up the adult entertainment and pleasure products industry.

    These bloggers claim to represent the adult entertainment community — obviously, they do not. Worse yet, their myths and misinformation have been used against us by industry enemies as “insider information and fact.” AIDS Healthcare Foundation (AHF), which spent more than six million dollars to pass mandatory condom regulations in Los Angeles and is responsible for AIM’s demise, links directly to one blogger’s site. And, it is my understanding that another blogger went to Sacramento to lobby against the industry in favor of strict governmental regulation of the industry, including mandatory condoms, testing and barrier protection. These so-proclaimed “representatives” are now allies of the industry’s most powerful opponents. More importantly, a blogger need never try to form a consensus among affected groups in this diverse and complex industry. A blogger need only shriek loudly and be controversial.

    The First Amendment and free speech are near and dear to my heart, hell it’s why I took this job in the first place. But words matter and there are consequences to what one says. Much of what is written on these blogs could reach the point of slander or libel and that will likely be settled between the bloggers and their targets. But the misinformation they spread could harm the people and businesses of our entire industry. If your company advertises on these bloggers’ sites, you may want to consider the obvious negative return on investment. If you know or do business with any of the advertisers on these blogs, you may want to explain to them that these blogs are hurting the very industry on which they rely for their livelihood.

    This article will no doubt bring on vicious attacks from the bloggers of which I write, the consequences of my words. But as an industry we can and should expect better than to allow these disenfranchised bloggers define who we are.

  29. Nick East

    Whoever is reading this for diane “Blood On Her Hands” duke, let her know her fifth grade bullying antics take the cake! Dismal, disenfranchised? She means we’re EFFECTIVE!!!! And we are NOT lying!!! She is, which is why she will not accept a debate on the subject and ONLY sends out press releases WITHOUT ADDRESSING THE ISSUES BEING DISCUSSED AT ALL!!!

  30. jilted

    Their is one reason, and one reason only that the industry will fight these new regulations, and that is becasue it requires producers to PAY. They will say this and that, first ammendment, choice, and all the same old same old bullshit, but the bottom line is money. It is about nothing else, not performer safety, not free speech, not choice, it is all about money coming out of the pockets of producers, PERIOD.

    All of the testing talked about here is POST exposure testing, The pre-employment testing will come in the form of legislation next year, and it too will require producers to PAY. And you can bet your bottom dollar that the industry will fight that too, and for the exact same reasons. Then you will see the true colors of the producers and FSC, when they fight legislation to require what they now claim is good enough to provide protection, except now they, the producers, have to pay for it. Testing is only good enough if producers dont have to pay for it.

  31. CharityBangs

    Lol, I’m not going to continue to respond to ppl like yourself who make negative comments about a proposal u obviously didn’t even read. So this is the one and only time I will. If u want a response from me in the future, please take the time to at least familiarize yourself with a proposal, even at a basic level, before you make fun of it. The “Pact” portion of the proposal only promises that you’ll work with talent that has signed the “waiver”, much as a pact by a producer saying they’ll only shoot talent that has signed the waiver or even saying they’ll only shoot talent 21 and over. The waiver is a simple hipaa waiver that states if u test positive for any STD, this can be sent to a panel of industry leaders, all under NDA, and they will come up w a 1st and 2nd gen list. Then we will stop all std’s with the same effort we put on hiv. No wondering if u got hep from a talent who tested pos and wasn’t man enough to tell ppl, and no getting syph from someone faking tests. So there. Make fun of that, but at least now you’ll b doing it informed.

    And per the comment of my age, if the way some of y’all act is indicative of being older, shame on y’all, and I’ll just stay 21 if its all the same.

  32. CharityBangs

    Yes, that producers were legally obligated to pay for tests, and didn’t. Now a handful of “legal” producers will have to pay for all the tests. Had they come up w a system that spread the tests amomg all producers, legal or not, then I don’t think osha would have abolished that system. And u seem surprised I’m happy producers will have to pay for tests? Of course I am. They certainly didn’t shed a tear when it was PROPOSED that we have double, or even triple the testing costs w 14 day testing.

  33. richard373

    Rob Black : Cal/OSHA Has Legitimized Us

    Adult industry now part of labor force

    –Rob Black

    “I know that’s everybody’s favorite. When we do nothing but talk about disease.”

    “I want to talk about the concept of the business and whether it can ever change on it’s own.”

    “Cal/OSHA basically put together a list of guidelines and rules. Rules that explicitly separate our business from other occupational workplace mandates. It talks about blood borne pathogens, employers paying for tests. It will take effect whenever or however Cal/OSHA make their laws go into effect. It’s officially on the books and regulates our business from a worker safety standpoint.”

    “You have all these new laws coming down. But if nobody enforces them it doesn’t make a difference.”

    “The regulations in the Cal/OSHA guidelines talk about employees. And and you know, everybody tells you that everybody that works for them is an independent contractor. So you have issues of how is anybody gonna enforce them.”

    “You can argue all day about independent contractor status for federal tax purposes, but that’s not what we’re talking about. We’re talking about the State of California and Cal/OSHA and workplace safety.”

    “Let’s take Porno Dan. Porno Dan is in compliance. When Cal/OSHA comes down they don’t give a fuck whether he’s an independent contractor or not. The are there to inspect his workplace. His studio. He can’t say you can’t inspect us because we’re independent contractors.”

    “Everybody’s an independent contractor in California. Nobody works for anybody.”

    “So Cal/OSHA walks up to the producer Jerry Estrada on the set of the Breaking Bad parody and says where are the condoms? Oh, I’m an independent contractor, I don’t make these movies. I distribute them. Who makes these movies? That would be Rob King at Venom. Go talk to him. Hey Rob how you doing? Can you tell us if you’re in compliance? Yes, we don’t care about federal tax purposes, more power to you. We need to know if your workplace is in compliance. You’re an independent contractor too? So your actors can do whoever they want? You don’t have an assistant tell the girls what to wear and where to go? You do? When an actor gets a script are they allowed to read whatever they want? Oh, They’re not? Sir, you do realize the the definition of an independent contractor if the work within their own guidelines as long as the criteria is met. Meaning an independent contractor is contracted to to paint your house or pave your driveway. If they accomplish that the criteria is met and they get paid. Do you understand sir?”

    “You people are fucking delusional. If you’re talking about some underground guy shooting somewhere in a house, that’s one thing. But when you talk about a movie and a set, that is a workplace and that falls under Cal/OSHA guidelines.”

    “Who are we talking about that are going to be immune form these regulations? Because we’re only talking about regulations when push comes to shove. Well the only companies that pay their actors as employees are Vivid and Wicked. Again people are just clueless as to this business.

    Adam and Eve. Is Adam and Eve going to be immune to these Cal/OSHA guidelines? Guys we’re not talking about tax purposes, we’re talking about labor issues. You need to put that through your fucking heads.”

    “Sign a piece of paper that says you’re an independent contractor and present that to the California labor board and dispute whether they are employees or not and California will win it 10 out of 10 times.”

    “Because if that were not the case you would have companies everywhere saying all my warehouse employees are independent contractors. Guy, do not be fucking stupid.”

    “Cal/OSHA is not a proactive organization where guys are going to run around scraping cum off the floor. They are going to act on legitimate complaints. Not anonymous phone calls or letters signed Mr. Howdy Doody Blowjob.”

    “What we have is laws that are now on the books that there is no way around it. So you don’t need a condom bill. That’s what Mike Gatto said to everybody. AIDS Healthcare foundation said we want this bill because tit makes things easier. We don’t want to have to go to all these areas and investigate and file complaints.”

    “So that’s where we are now.”

    “Regulation. I’ve experienced what it’s like to deal with something that is just there form working in my Dad’s bookstores. There is no way around it. It’s there. Plain and simple.”

    “The Cal/OSHA guidelines are like an ordinance. Hey porn industry! You managed to get a bunch of workplace safety officials and healthcare professionals to sit in a room and craft a bunch of rules Then the lawyers went through it and said, yeah it sounds like we’re regulating fuck movies!”

    “They said yeah, what we’ve done is basically worked out the framework of what can become a union. Hmm…”

    “Now Cal/OSHA has laws on the books that will have a section in their code that regulates adult films.”

    “They’ve put themselves in the position of creating a framework of what can become a union.”

    “They have now put the adult worker in the position of being a employee with rights. The adult industry has its own page in the Cal/OSHA regulations.”

    “Which means we are now part of the fucking labor force.”

    “So ladies and gentlemen, I welcome you to the new era of the adult worker who is able to unionize and be protected.”

    “Cal/OSHA has legitimized us.”

  34. CraigsRealTv

    PLEASE don’t bite my head off people… Though I’ve Posted here before I just wanted to RE-Introduce Myself… I was a Director-Shooter-Editor-Photographer-“Man with a Million HATS & NO HEAD!”… -Rock and Roll-… One man BAND kinda dude… who WORKED with almost EVERYBODY in PORN from 1995 Until 2003… and… (YES I type in CAPS, once in a while 2 emphasize certain words… and I have been OUT of the PORN BiZ for a DECADE)… O.K… Now that, that is over… I have a FEW questions that I was HOPING some of YOU nice people out there could help ME out with…
    But First is it LEGAL or is it NOT Legal shooting PORN in NH?… OR… 2 B… or NOT 2 B?… Did the CHICKEN SCREW the EGG?… Or did the EGG… end up on ACID and FRIED in the PAN?

    1) I am originally from New Hampshire… When I LEFT L.A 10 years ago to move back home… One of the first things I did was ATTEMPT to find out if SHOOTING PORN in NEW HAMPSHIRE was LEGAL… This is where things got ODD very quickly!

    I first called my local police station… THEY thought it was a PRANK call!… After many moments of awkward SILENCE… I finally got the woman Secretary? … Officer? … to hand the phone over to a male Police officer who said that he was the person in charge. I told him my name and that I was a movie maker and that I had a simple question for him. I said, “Is it legal to shoot Pornography in New Hampshire with two legal adults with I.D’s that were at least 18 years of age?”. HE could NOT answer me! When I asked him if there was someone there that would know the answer to this he just fumbled about and couldn’t answer me. He was CLUELESS! When I asked him if there was some kind of STATUTE?… or LEGAL Law Number that he could give me a Reference to… or that he or I could look this up… Or refer me to… He could NOT answer me! So I Politely said thank you and hung up the phone.

    I then called the STATE Police Business number (since it was not an emergency). When a woman answered the phone I asked if I could speak with somebody there, maybe an officer, about a LAW or a Statute… that I wanted to learn more about. She wanted to know what law I was talking about?… (It’s AMAZING how CONTROLLING and Arrogant even Secretaries seem to get when you call up these Police stations or Government affiliated type places. It’s as if I’m a little kid and How DARE I ASK THEM Anything!… THEY ALL seem to be Constantly talking DOWN to you!)…

    Anyways… I told this person that I was a film maker and that I wanted to know if it was legal to shoot Porn in New Hampshire with two, legal Consenting Adults with I.D’S?… She was SHOCKED! … “What did YOU just say?” the bewildered woman jarringly replied back into the receiver after a good 30 seconds of SILENCE… (You’d THINK I had just asked her if she knew anybody that wanted to buy this KILO of HEROIN that I happened to have!… I SWEAR… I was getting the VIBE and being TREATED as if I was Committing a fucking CRIME for just ASKING this question!)…

    YOU know your back in SMALL TOWN/SMALL MINDED America when you get this Childlike behavior from supposed Law enforcement Professionals… It gets so fucking FRUSTRATING after being in a BIG City like Los Angeles for over 12 years and now I couldn’t even ask a simple legal question about Pornography to the POLICE department without Growls… Frowns… Smirks… HISSES and practically Utter HOSTILITY!… Ughhh… AMAZINGLY… I found myself suddenly MISSING the L.A.P.D!

    This women would NOT PUT an Officer on the phone and mentioned SOMETHING to the effect that she was NOT going to WASTE an Officers TIME with such nonsense!… I actually, POLITELY… ATTEMPTED to RE-START this conversation but to NO AVAIL!… She finally said… “Sir I can not help you with this and I must hang up now!”… CLICK… She HUNG UP on me!

    Soooo… I called ANOTHER Local Police station 2 towns over… (by the way I was located in SOUTHERN New Hampshire at this time)… THIS time the male officer who answered the call right away was FRIENDLY… POLITE… and actually LAUGHING like hell when I asked him the question about the LEGALITY of SHOOTING PORN in Little Ole New Hampshire… And I told him what I had just gone through with the Other police station and then the STATE Police’s office and he THOUGHT for a minute and stated… “You know… YOU are the first person to ever ask me this question… And I really have NO IDEA what the ANSWER would be to THIS!”… I laughed and said, “if YOU guys don’t know the ANSWER to my question… Then WHO the hell would?”… The nice officer then stated… with a chuckle I might ad… “When YOU find out the answer… PLEASE call me back and Let ME KNOW!”… HAHAHA!

    I SHIT YOU NOT!… These were REAL CONVERSATIONS… with REAL LAW ENFORCEMENT PROFESSIONALS!… So You can IMAGINE my CONFUSION and FRUSTRATION on THIS subject and WHY I NEVER DID end up SHOOTING ANY PORN in N.H!

    QUESTION #2: I was planning on moving back to L.A soon and maybe doing some FREELANCE DIRECTING and SHOOTING.

    My Obvious CONCERN is… WHAT am I LIABLE FOR as an INDEPENDENT CONTRACTOR doing SHOOTS for OTHER COMPANIES Under these NEW CONDEMN LAWS and what not… IS THAT all on the PRODUCER? … Production Company?… Or am I… as a SHOOTER/DIRECTOR … RESPONSIBLE for ANYTHING that has ARISEN because of the NEW CONDEMN LAWS?

    CAN ANYONE out there that KNOWS… PLEASE give me a SIMPLE and CONCISE ANSWER to this very IMPORTANT Question?

    Thank you ALL very much for your time… and I HOPE somebody… LEARNED something from MY RAMBLINGS… or at least LAUGHED a Little!

    sincerely,

    Craig Amabello

  35. CraigsRealTv

    Ur Welcome Kate… OUR GOVERNMENT at WORK is a SCARY fucking THING!

    ABSOLUTE and UTTER CHAOS and IDIOTS running around with NO CLUE as to WHAT EXACTLY the LAWS ARE or AREN’T!

    Hence MY Title: 2 B… OR NOT 2 B… WHAT the FUCK is WRONG with THEE?

    GOD BLESS AMERICA!… the MOST OPENLY CORRUPT and IMPROPERLY RUN DICTATORSHIP on the PLANET… In the HISTORY of EARTH!

    Sincerely,

    Craig Amabello… FRIEND of ELVIS!

  36. Lacey Blake

    @CharityBangs –
    I’m assuming your above response wasn’t directed at me?

    As for the “pact” proposal, I guess it seems like a good idea in theory? Although, I’m not quite sure what the main advantage would be?

    If every performer is required to get tested every 30 days then wouldn’t you just find out you had contracted something when you test? Isn’t that the main reason for the entire testing system? To catch infections before they become a widespread epidemic? We’ve already determined that there is no level of prevention with testing. It’s only purpose is to inform you that you have been infected and get you out of the talent pool asap to limit the amount of exposure to others.

    I guess I don’t really understand why you would need some sort of double-testing system? So, this “industry leaders board” is going to have complete access to your medical files and will then contact you in the event that one of your previous co-stars has contracted an STD..

    Wouldn’t you ultimately find out you were infected when you get your testing results back?

    Why would performers need a “board of industry leaders” to let them know there is a possibility that they “might” have contracted an STD even though it wouldn’t change the fact that the performer may already be infected and may have infected others already? Couldn’t you just test every week or every 2 weeks and get the same result?

    It just seems like the “pact” agreement accomplishes the same exact goal as the regular testing system does, which is to let you know: you’ve been infected, whether you now have either an STD, Hepititis, HIV, etc. and to take you out of the talent pool to limit exposure to others who haven’t been infected yet.

    “No wondering if u got hep from a talent who tested pos and wasn’t man enough to tell ppl, and no getting syph from someone faking tests.”

    ^^^Aren’t these scenerios the EXACT reasons for the CURRENT testing system and especially PASS?
    Where does this “wondering” come into play exactly? If someone tests positive for hep. then they should be “unavailable” to work in the PASS system, correct?

    I swear, I’m really trying to understand these different proposals from the industry and certain performers, but most of them seem to be either a different variation of the current testing system with the same outcome or they just make no sense?

  37. MikeSouth

    Craig to answer your earlier question:

    Im not sure when you asked in New Hampshire but the law now is very clear, as of the end of 2008 it IS legal.

    “The Supreme Court in the state where “Live Free or Die” adorns the license plates has answered the question “why can’t producers of adult films be charged with prostitution?” The short answer — because it would violate the First Amendment (or at least the New Hampshire Constitution’s equivalent thereof).”

    You can read all about it here

    http://www.dmlp.org/blog/2008/nh-supreme-court-rules-porn-not-prostitution

  38. Lacey Blake

    @CharityBangs –
    I’m actually not surprised at all….
    I also think producers should be responsible for testing costs. If the producers are the ones to require it, then they should pay for it just like in any other industry.

    What I don’t think we agree on is why this entire debate started and has been continuing for so long. Correct me if I’m wrong, but you seem to feel that the biggest issue is whether the talent, the producers or both should be responsible for paying for testing?

    My personal opinion is that this involves WAY more than who pays for testing. To be quite honest, I don’t really care who ultimately pays for testing. I would definitely say the producers should pay for it, but I can see the problems they face in determining exactly which production is responsible for which talents’ testing? If a performer works for 10 different production companies in 1 month then how do you determine which one is ultimately responsible for that performers testing?

    While I do believe testing serves a very important purpose and should continue, I think many people have come to the realization that the testing system alone doesn’t really accomplish much other than letting you know you have already been infected and then hoping you haven’t infected too many others in between your infection date and the day of your next required test which could be as much as 28 days. The risk of widespread infections is pretty much inevitable.

    I’m honestly not sure how performers rationalize that this system somehow makes sense, but from someone on the outside it seems rather ridiculous that an entire industry has been allowed to function this way. Just my opinion, of course….

    I would love to hear a reasonable opposing opinion, but I honestly haven’t been able to find one yet?

  39. CraigsRealTv

    Mr Mike… THANK YOU for CLEARING THAT UP so Simply!… Actually it was around 2005 when I was asking this of the Police in New Hampshire.

    and MOST Recent and Important Mr Mike… Would an Independent Contractor such as Myself… Directing and Shooting In Los Angeles be LIABLE for all these NEW CONDOM Rules as far as PAYING for Talents Tests.. Insurance?… Etc?… I was THINKING of MAYBE doing some Shooting when I move back to L.A in a few Months… BUT THIS new law has ME Utterly Baffled!

    ANY Help or ADVICE from ANYONE would be of Great Service.

    Sincerely,

    Craig Amabello

  40. CraigsRealTv

    Nick… I’m a High School DROP Out… WHO’S BRAIN Freezes Up … RANDOMLY… because Of my LACK of SEX!

    YOU KNOW what they say don’t You?… Lack of PUSSY makes a MAN INSANE!…

    SADLY… I went Plumb LOCO Eons ago!

    Lost and LONELY in White Trash-South-West Florida… SOON to Blaze a TRAIL back to MY Homeland… La-La-Land… HOME of the LOST Angels… PORN… and The TERMINATOR!

    Mr Craig … “I SWEAR I’m NOT Mental… Just SLightly DAZED & COnfused”… Amabello

  41. MikeSouth

    and that brings me to my next point just because the IRS *MIGHT* classify you as an independent contractor for tax purposes that does NOT mean you are exempt from employer OSHA regs…almost everyone, including independent contractors are employees in that regard…thats a very important distinction that I see getting blurred a lot….they are two different things…

  42. MikeSouth

    I would like to point out here that this is EXACTLY why many states are reticent to try to prosecute porn in this manner…because once they do and either the state court or the us district court rules that it is legal…then it is forever legal…and thats a very slippery slope for a prosecutor in a place like FL.

  43. richard373

    Freedom Fighter Larry Flynt Threatened Porn Agent Jim South With Anal Rape

    Says Rob Black brought heat on the business

    –Rob Black

    From the 10/17/13 episode of The Rob Black Show http://www.therobblackshow.com

    “The other day we were talking about Larry Flynt and him being in a wheelchair and him not really having a stake in the condom debate because he has a media empire called New Frontier and how condoms wouldn’t affect his bottom line.”

    “And lo and behold, they wheel old Larry out for the XBIZ article on condoms I discussed last night and this morning.”

    So Larry says this:

    “We don’t have our actors use condoms but we adhere to strict testing for HIV and other sexually transmitted diseases,” said Larry Flynt, founder of LFP/Hustler Video. “The reason why we don’t demand they use condoms is because there’s no market for videos with condoms. For some reason they do not sell when condoms are used. It’s like masturbating with gloves on.”
    Flynt told XBIZ there is a “psychological barrier that the people who are viewing the films have trouble getting over” when it comes to condoms.

    “That is Larry Flynt. That is what they propped up the Great Dictator to speak about. You’ve just heard from the Great Dictator Larry Flynt.”

    “But to sit here and try to pick apart Larry I mean c’mon. He is the biggest cartoon buffoon in the world. A guy that went from being this freedom fighter to a guy that spouts whatever bullshit the people around him tell his old decrepit, crippled ass with Paul Cambria pulling his puppet strings.”

    “This guy who had movies made about him, who desecrated the American flag, who defied the federal government in the John DeLorean drug conspiracy case, who took a landmark case to the Supreme Court, who got shot for freedom of the press.”

    “And I get busted and this guy does op/ed pieces where he says I’m gonna destroy the business, I’m bringing heat on the business. He does TV interviews, ‘Arrrhh Rob Black…’ This is what this decrepit old fuck does.”

    “People said, Wow Larry, this guy Rob Black said you were his hero and you’re throwing him under the bus in front of the media and the federal government? Why? Because Steven Hirsch and Paul Cambria control you? Because you’re a bitch? A paraplegic bitch? OK.”

    “And some people said, oh Rob Black is mad because Larry didn’t give him any defense money. No assholes, I was mad because Larry Flynt went on public record and said I was an abomination. OK assholes? The money was just insult to injury.”

    “He said I was bringing heat down on the business. The guy who put women in meat grinders on the cover of Hustler. The guy who threw oranges at a federal judge, who wore an American flag as a diaper.”

    “I went to prison for a year for obscenity and defending the First Amendment. He went to jail for six days.
    He served more time for desecrating the American flag. And he wants to say I’m bringing heat on the business?”

    “What a hypocritical cunt.”

    “Take the money and wipe your ass with it. But don’t sit there and go on public record and throw me under the bus when you built your entire career on being a renegade maverick freedom fighter.”

    “Let me tell you a story about the great freedom fighter Larry Flynt. Back in the 80’s he had a deal with Jim South the first real porn agent. Jim was a pretty straight shooter, but he wasn’t averse to putting a coupla extra bucks in his pocket if he could get away with it.”

    “The deal with Larry was that any new girl that Jim South had, he had to give to Hustler and Larry first. So the girl would appear first in Hustler and Larry paid him money for this exclusivity. Because Hustler had a lead time by a couple of months before the girl would be published, Jim would let some of the girls do a couple other jobs first, with a promise from the shooter to keep quiet and not publish or print before Hustler.”

    “Larry found out about it and invited Jim South to his mansion one night under the guise of making another deal. South didn’t know that Larry had found out about Jim breaking the deal. As soon as he got there a couple of Flynt’s bodyguards grabbed him and put guns in his face and roughed him up a bit. Then they grabbed him and pushed him into the house and into a huge room that had a bunch of people standing around, one of whom was Dennis Hopper.”

    “And there was Larry, sitting behind a table in his wheelchair with a huge scowl on his face. The bodyguards pushed Jim into the room and made him kneel in the middle of the room put a couple of guns to his head.”

    “South! You cocksucking scumbag!” Flynt growled. Jim said Flynt was obviously high out of his mind, as were several of his party guests who looked on with dazed grins on their faces. “You think you gonna fuck me? I will fucking murder you right now! Do you want to die?”

    “Flynt looked up at one of his guests and and back to Jim. “You see this big nigger right here? I’m gonna have this big nigger fuck you in the ass right here in front of all these people. What do you think about that?”

    “Jim wasn’t too fond of that idea and was finally allowed to leave after being terrorized and berated and told by Flynt that he was going to have to pay him $25,000 a month “for the rest of your fucking life” or he was going to have his cock cut off and fed to his dog.”

    “What’s the point of this story?”

    “People like to talk about Rob Black the gangster, but I wanted to point out again how Larry Flynt is not the fucking pure saint he like to portray himself as.”

    “Larry Flynt is the man who said I was bad for the business. I went to prison for making movies with fake rape and he sticks guns in peoples faces and threatens them with real rape and yet he’s portrayed as a hero.”

    “Larry Flynt cares more about his bottom line that the safety of the performers in his films

  44. BT

    Craig: I am a proud resident of the Granite State. To truly understand the New Hampshire State of Mind, you need to watch Granite State Of Mind. http://www.youtube.com/watch?v=bX7nQrCgALM. Sure, it looks like a parody, but it is spot on.

    So your first mistake was asking the local cop. You needed to call the State AG’s office. Having called the State AG’s office many times to ask questions having nothing to do with porn, I can assure you that your results may have been no more satisfying, especially if you’d called prior to the 2012 election, when the Tea Party was in charge.

    They were too busy lowering the cigarette tax to encourage smokers to buy more cigarettes, especially nicotine-stained tourists from Massachusetts, while simultaneously cutting funding to hospitals. It was all based on trickle down economics: If we make cigarettes cheaper, people will smoke more cigarettes than they do now and we will bring in even more cigarette tax revenue. They never quite explained how the hospitals would treat all those new cases of lung, lip, tongue and throat cancer now that they’d cut funding to hospitals. But never mind: The end result was that no one smoked more cigarettes and the state treasury lost $100 million in revenue. In fairness, we have cheap booze and the state operates very popular liquor stores in the Manchester Airport and along the Interstate highway rest stops on the big borders with Maine and Massachusetts. When you pull off the highway to take a leak and buy a burger, you can also get a 2 liter bottle of cheap Vodka or a very nice Cabernet to make the rest of your drive go faster. So, there was some whacky rationale behind the idea.

    That was second only to the proposal to ask businesses to fund a program to erect signs at all state border crossings with Massachusetts that would read: Warning: You are leaving New Hampshire and giving up your civil liberties.

    This was in response to an outraged state legislator who was ticketed in Massachusetts for driving without a seat belt and with a loaded pistol on the front passengers seat – both of which are perfectly legal in New Hampshire. Just don’t shoot a moose out of season.

    So ….. is it legal to shoot porn in NH? Never asked. Heck, I couldn’t convince my wife to pose for naughty Polaroids back when we were both younger and hotter. I wouldn’t cut it as a porn producer.

    I can tell you that allowing consenting adults to shoot porn is perfectly in keeping with our attitude about government in our personal lives. And, for what its worth, it is perfectly legal to be buck naked in public, boobs out and dicks swinging in the wind, on the town square in most New Hampshire towns as long as you mind your own business and aren’t lascivious. If you can be nude in public, I don’t know why they’d mind you shooting porn behind closed doors. Just be a good neighbor.

    As to testing and responsibility, I do not know the laws in Cali, but I do know the laws in New Hampshire. If you make something a requirement of the job, like background testing, drug tests, or sexual harassment training, you are required to pay for it for payroll employees and independent contractors. I think testing for STDs would fall in a similar category.

    And, you are required to operate a safe work environment. If an independent contractor is injured on your place of business – and if that independent contractor does not have their own liability insurance – you are subject to a workers comp claim if the independent contractor files a legitimate claim.

    So, had you shot porn in the Granite State, you would have been required to pay for testing if you required it. You would have been required to carry workers comp insurance to cover injuries on the set and you would have been potentially at risk of a suit for damages if someone contracted a disease on your set.

    By the way, we have fairly expensive workers comp insurance – owners are required to cover themselves based on a $70,000 a year minimum income, even if they don’t actively participate in the business or even if they don’t actually make a salary anywhere near $70,000 a year. We may not have sales or personal income tax, but we gotta fund the government somehow.

    So, forget Cali. Come back to NH. The leaves have turned and its beautiful right now. Winter will be here soon. You can create a new fetish category involving Birkenstocks, knee high wool socks, quilted coats, and scarves covering ears and mouths. Just remember that the back-to-nature gals who might be most susceptible to your pitch probably don’t shave their legs, let alone their nether regions. And no one has a tan.

    Long live the Old Man Of The Mountain

  45. CraigsRealTv

    Uhmmm… BT… Thanxs?…

    While I appreciate the THOUGHT… I was in NEED of some ACTUAL KNOWLEDGABLE HUMANS ADVISE ON MY LIABILITIES and RESPONSIBILITIES and WHAT NOT as a Independent DIRECTOR/SHOOTER-Sub-Contractor to BIGGER Companies in Los Angeles UNDER these NEW CONDOM LAWS?

    YOUR ADVISE on New HAMPSHIRE was NOT Relative at all! and YEARS to LATE!… (Besides I can NOT STAND… and REFUSE to SHOOT or even DEAL with HAIRY PUSSY EVER AGAIN!)…

    NOT to be a DICK… BUT…

    THAT’S ONE of the things that I find ODD about New Englanders… There NEVER seems to be a LACK of PEOPLE that would GLADLY and WILLINGLY… GIVE THEIR OPNION on SOMETHING that they ACTUALLY … KNOW NOTHING OF!…

    Ughhhhh… SORRY BT… But I need SOMEONE who is actually IN THE ADULT BUSINESS to HELP ME!

    Is ANYBODY OUT THERE?… Just NOD if YOU can HEAR ME?

    sincerely,

    Craig… “I’m going fucking INSANE in WHite Trash Florida and MY NEXT DOOR Neighbor is BOO-BOO-HONEY!”… Amabello

    HELP ME!

  46. CraigsRealTv

    THANK YOU Mr Mike South… I THINK I understand now. Thank You!

    IF I am Paid as an EMPLOYEE… Then I have NO RESPONSIBILITIES because of this condom law as far as Health benefits and paying for tests and Liable… etc… MY EMPLOYER WOULD! right?

    BUT as YOU know… I could NEVER get a COMPANY in the Valley to PAY me as an EMPLOYEE!… ONLY as a Sub-Contractor!

    WHO in the VALLEY would EVER EMPLOY people as EMPLOYEE’S in the ADULT film world?… I mean a Director/Shooter/Editor such as myself?

    Sounds like THIS new CONDOM LAW HURTS the LITTLE NOBODIES such as Myself a LOT!… Sighhhhhhhh

    Sincerely,

    Craig… “MAYBE I should just become a POLITICIAN?”… Amabello

  47. laura

    haha….BT you really made me laugh and great information in general…specifically “If you make something a requirement of the job, like background testing, drug tests, or sexual harassment training, you are required to pay for it for payroll employees and independent contractors.”….thus explains producers always suggesting “choice”….don’t have to pay for testing if its just a Choice….

  48. CraigsRealTv

    I GUESS I’ve LOST NOT Only my MIND… But MY Sense of HUMOR as well?…

    SORRY Mr BT… The PEOPLE have SPOKEN … and YOU are CLEARLY… Informative… FUNNY… and Well Written!

    and here I am STRUGGLING just to put a few CONCISE Sentences Together… I Shoulda KNOWN… My Good FRIEND Charlie Sheen was LYING when HE said… “BANGIN these 7 Gram Rocks will make US BOTH FUNNIER… RICHER… and Much MORE FAMOUS!”

    Signed,

    CRAIG’S #CRACKPIPE 😛

  49. laura

    good form Mr.CraigsRealTv..:)
    If the several crack references are more then just a joke…I wish you good health and hope you have access to affordable “free” treatment…best wishes

  50. kate

    Craig: Employer studios/ Production companies MUST pay for everything. No cost to performers.

    If you’re paid. YOU’RE AN EMPLOYEE.

  51. kate

    Craig: Regardless of what you or anyone else was told …you are considered an employee everytime you book a scene in California for health and safety regs.

  52. CraigsRealTv

    Miss LAURA?

    I have a Fucked UP and BIZARRE Sense of HUMOR!

    I’m a Little Ole Country Boy that spent ALMOST 13 years Working in Living in Los ANgeles, California… 8 of which were SPENT Directing/Shooting/Editing PORN…

    I have WORKED WITH… and UNDER… the MOST BIZARRE CONDITIONS KNOWN to the HUMAN LIFE FORM… AND I have WORKED with some of the MOST BIZARRE fucking HUMANS on THIS PLANET!… Rock Stars… Movie Stars… TV Stars… PORN Stars… Average People… PSYCHOTIC COPS… U NAME it… I’ve DEALT with IT… OR DONE IT!

    SO if MY STUPID… SARCASTIC… and OFF the WALL Retarded HUMOR is TAKEN SERIOUSLY… Than I am very SORRY Laura…

    I ACTUALLY DO Attempt to be ENTERTAINING… As well as INFORMATIVE when I write… BUT thru the Years… MY HUMOR has become SOOOO Off the WALL… Sometimes it get’s HARD to TELL when I am JOKING… OR just being a DUMB fucking CLOWN!

    PLEASE forgive me People… I sometimes FORGET… That I am WRITING for OTHER Humans… to actually UNDERSTAND ME!

    Sincerely,
    Craig… “I SWEAR… THIS will ALL Make sense someday”.., Amabello

  53. laura

    @Mr.Craig…well that’s good to know:)….and thanks for the sweet attention….now I can go back to enjoying your posts……

  54. laura

    @Mr.Craig…well that’s good to know:)….and thanks for the sweet attention….now I can go back to enjoying your posts……

  55. kate

    Craig:
    Employer studios/ production companies are the ones that pay for everything regarding the performers not the director /crew.

  56. kate

    Craig: as for the “additional permit fees?” A judge ruled in August that measure b requires that adult productions receive a no -cost permit from the county, adult performers must use condoms, and that criminal charges can be brought against violators.

  57. BT

    Craig. No offense taken. I have a thick skin. And hey, I’m not an opinionated no nothing Yankee, since I’ve only lived half my 50+ years in New England. To the locals, I will always be a flat lander. Actually, I’m a no nothing, but so want to be helpful, born and bred Midwesterner. But, point taken.

    So, let me be helpful about things I do know something about. While I am not in the adult business, I am in business. And my advice, while tongue in cheek, is advice that can help you.

    First, most laws are specific to the state or community where you live. If you do not live in California, asking producers in California for advice about the legality of shooting porn is a waste your time.

    Second, when it comes to OSHA and worker comp, it’s a mistake to think that the porn industry is different from say running a pharmacy. A worker injury is a worker injury.

    So ….. if you want to know whether its legal to shoot porn, your first call is to the State AGs criminal division. They can tell you how they interpret the law for whatever state you’re living in. Your second call is to the civil division to find out the business requirements of operating in the state you live in. You can operate within the law from a first amendment standpoint, but you may still have to have a business license, a permit to shoot etc.

    Your next call could be your local police department. However, they may never have had experience with the question, which is probably what happened to you in New Hampshire. Remember, most local cops deal with driver violations, domestic disturbances, car thefts and breakins, and the occasional violent crime. Shooting porn just isn’t in their area of expertise. That said, there may be local ordinances that you want to be aware of. And, by the way, those could apply from a business standpoint – so, ask their department that licenses businesses. There are communities that have ordinances about operating a business from your home. It could be legal to shoot porn, but illegal to shoot in a home in a particular neighborhood because you’re going to generate traffic related to talent, crew etc. There could be permitting issues. Again, these are not porn questions, they’re business questions.

    Last, find out what are the worker comp requirements in your state and community and whether your state requires you to cover independent contractors and paid employees. Again, these regulations are done at the state level not the national level. New Hampshire may be different from Vermont even though they are next door. Cali may be different from Florida. These are local questions not national questions.

    Last, if you can afford it, get liability insurance. Anyone who works for you – contract or otherwise – can sue you if they’re injured on your set or just feel slighted. Can they win? Who knows? But they can sue and you will have to defend the suit. A few months ago, there was lots of discussion about Katie Summers when she filed suit against John Stagliano. Didn’t she know what she was getting into? How naïve was she? She’s a hero. She’s a slut. Doesn’t matter. Win or lose, valid or not, Stagliano still has to hire a lawyer to defend himself. And, that’s why you have liability insurance.

    Last – back to my no-nothing New Englander ways – if you’re really trying to operate in the law and do things right, asking pornographers in California (or, one presumes Florida), who basically give the middle finger to anything having to do with regulation probably isn’t your best move.

    Anyway, you need to find out what are the rules of the road in Florida. They may be very different from those in California or anywhere else they shoot porn. Contact the state AG. Contact the state OSHA. Look up their business and workers comp requirements. Then, contact your local government.

    If you want to know whether something is against the law where you want to shoot, do not ask the local police – they will arrest you but they will not prosecute you and they probably haven’t been confronted with porn or thought about what to do about it.

  58. BT

    Rawalex: The first amendment stuff related to porn is very complicated and mostly untested. The right to view and own porn is definitely a First Amendment right. The rights to regulate it, sell it and produce it are where it gets dicey. That’s where the community standard comes into play.

    Rob Black is a prime example. He was able to operate freely in California. He was not able to distribute freely in Pennsylvania. But, you notice that not consumers were hauled to court in Pennsylvania for viewing his content.

    You have to make a distinction between a citizen’s right to view pornography and a company’s right to film and distribute it. All of the court cases, including Miller, involve the prosecution of pornographers and not the prosecution of consumers.

  59. BT

    Lacey is on point. The regulations people are discussing, such as Cal/OSHA, are only relevant in California. States are allowed to create business/health regulations for their states that are different from neighboring states. Local communities can create regulations and requirements that are stricter than the state requirements – they just can’t create requirements that are laxer. In other words, if the state passed a law that said condoms just be used for all sex acts but oral, a local community could arguably pass a regulation that says in its community condoms must be worn for all sex acts, including hand jobs. However, a local community cannot pass a regulation that says condoms are never required in our community.

    It is common for one state to have tougher OSHA requirements than a neighboring state, stricter zoning, building and environmental restrictions than a neighboring state, and tougher or laxer labor standards. California versus Nevada and Arizona are great examples. You have to find out the rules of the road in your state.

    The only other thing to add is that too many people who say they are in the porn business make the mistake of saying: These people are independent contractors. They signed a release, etc.

    If you are operating outside of the law or if you are not complying with state or local regulations, it doesn’t matter whether a someone signed a release. You can’t require an individual to work outside of the law as a condition of employment. Nor does a signed mean that you aren’t responsible for the health, safety and well-being of individuals on your premises or contracting to perform a service.

  60. laura

    @BT,,,,,craig mentioned he was considering moving back to California….that’s the state he wanted the information for….or course everything you stated still applies here but as you know its all a little murky at the moment on some things…

  61. BT

    Laura: That’s what I get for firing posts off at 6 in the morning. But the advice still applies. I read too often on these posts things like: Talent are independent contractors. Or, I’m an independent contractor, so the regulations don’t apply to me. Or, my other favorite, we get them to sign a release.

    In Craig’s case – as a shooter and editor – he may be an independent contractor under contract to the production studio, but he is still a business owner. As such, he still has a responsibility to provide a safe work environment and make sure that the shoot complies with the law. He can’t say: I only did what the producer told me to do.

    If there is a bad outcome on the shoot, a lawyer is going to sue everyone involved and not just the production studio. That’s true whether its a porn production or a mainstream business.

    The fact that talent signs a release or a contract really only means that its fine to distribute the content. A release does not give the production company or the shooter the right to violate the law or OSHA requirements just because talent said, yeah, sure, I’m down with that. You can’t get around the law with a release.

    Again, that’s true of any industry, including porn.

    So … Craig should get liability insurance in case he’s sued. He should call the AG’s office and find out if he needs workers comp coverage – if he uses assistants, he probably does. And he should familiarize himself with the Cal-OSHA requirements if they go into effect. Then he can decide whether he wants to follow them or take a chance.

  62. CraigsRealTv

    Thank You all for your help… I’m just going to WAIT until I move back to L.A and talk to the people in the adult business that are actually dealing with this NEW CONDOM LAW and ALL of its requirements. It is a very CONFUSING subject and I haven’t gotten enough PROPER information on this…

    Oh ya and Mr BT… FUCK the ATTORNEY GENERALS OFFCIE in ANY STATE!… I DEALT with THOSE CRIMINAL CLOWNS in NH before and THEY are SOOOOOOO fucking CORRUPT it’s NOT FUNNY!

    As I Imagine THEY are ALL CORRUPT!… I would rather deal with HITLER… The DEVIL… NIXON… and J EDGAR HOOVER… Than ANY ATTORNEY GENERAL’S OFFICE in AMERICA!

    Dear fucking God man… ARE YOU SMOKING CRACK BT?

    sincerely,

    ELVIS’s BASTARD SON

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