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The Condom Law Passes The Senate Labor Committee

Next stop the senate appropriations committee.

 

That could happen as early as next week, but will likely be later this summer from there it goes to the governor I think.

 

 

106140cookie-checkThe Condom Law Passes The Senate Labor Committee
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Mike

The Condom Law Passes The Senate Labor Committee

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42 Responses

  1. AWESOME!!!! Good job Isadore Hall and Michael Weinstein/AHF!!!
    You guys ROCK!!!

    @ The industry: Better start getting those U-Haul trucks ready!! lol 🙂

  2. Again, the FSC is just out of their league. The political manuvuers pulled off by Hall to get this passed were nothing short of brilliant. Getting a vote changed from ‘nay’ to ‘aye’ right under the noses of the FSC shows clearly who has the political clout, and it aint the FSC. When you have no political collateral to spend, the FSC has none, you need to have facts, data, and proof of you claims to win the day, and the FSC had neither, has neither, not data, no studies, nothing, hence, they snatch defeat right out of the hands of victory. ONLY IN PORN

  3. The best part of that hearing was the use of the word “kerfuffle.”
    It’s just a straight up funny sounding word and I adore it.

    Kerfuffle Truffle… even funnier…. hahaha.

    Nothing really new at the hearing… same shit as always.
    Although, there was a specific mention that the bill only applies to “employees” and not “employers.” So, now the big question is the difference between “employee” and “employer” directly related to OSHA and NOT the federal government. Just because you issue someone a 1099 DOES NOT make them an Independent Contractor under OSHA guidelines. If you hire someone to perform sex acts with you to distribute that footage on the open market, it would be a good idea to consider the paid performer as an employee to be safe… it all comes down to the transaction of money and who is being paid and who is doing the paying… all while avoiding prostitution laws.

    Using the “I’m not paying for sex, but exclusive rights to distribute the footage” isn’t really the greatest defense either… Nobody really buys that shit.
    And, you just proved that you are the “employer” specifically hiring and paying someone to perform for your own financial gain on the open commerce market… both parties must report earnings to the IRS.

    We’re not really talking about a married couple having sex and uploading it on the net. If a married couple decide to sell that footage of them having personal sex then all IRS rules apply and earnings would be required to be reported. This puts the personal act of sex on the open market for distribution of profits and therefore under governmental watch.

    We’re talking about the commerce trade: profits, losses, earnings, taxes, etc.
    Not 2 people taping themselves having sex and then putting it on the net as some voyeuristic exhibitionist show for fun.

    Just my 2 cents from an IRS standpoint and mainstream OSHA experiences.
    There is a fine line between having sex for fun & recording it and having sex for fun, recording it and THEN distributing while producing PROFITS from that same encounter.

    So, the question becomes is it a personal fling where no income is generated, pornography where both parties are earning financial compensation through cash and/or subsequent profits off the recorded footage required to be reported to the IRS or is it just plain old prostitution where 1 party earns financial compensation and they call it a day…??

    I’m just analyzing it from a purely financial/tax viewpoint here… I’m not implying any sort of answers or laws. The introduction of profits, losses, income, financial compensation plays a HUGE role in all of these issues yet no one seems to mention them… meh.

  4. It’s called being in a union under the direct orders of OSHA, being licensed under specific guidelines, actually working with OSHA and having medical personnel on the scene required to make the medical decisions as opposed to performers kinda guessing in some random hotel room… somewhere.. without a permit.

  5. @reba,
    UFC fighters are legally required to pass STATE mandated physicals, that include HIV and Hep C testing, under the authority of the State Athletic Commision. UFC fights are sanctioned by the state, the referee is licensed by the state, and they are required to have medical personel at ringside should something happen.

    Any legal ‘fighting’ of any kind, in any state, requires the above mentioned and more. UFC fighiting is still NOT sanctioned in several states.

  6. Nice analysis, Lacey. I do not know how the world of pornography works when it comes to these things, but I do know how mainstream media works.

    If I independently write an article or a book on spec with the intention of shopping it to a publisher after the fact, then I am responsible for whatever happens during the creation of the article. If I hire a typist and something goes amiss, that’s on me.

    A publisher is only responsible for what happens after. However, a publisher does have a responsibility to verify the accuracy of what I write – once they decide to publish or broadcast it, they have adopted it as their own. That said, I don’t think they’d be responsible for anything that happened during the creation of the work.

    So, if two professional porn stars decide to do the deed on camera, go out and rent a location, hire a photographer, hire a director, hire an editor, etc., and then find an outlet to distribute it, the responsibility is more than likely on them and not the production company/distributor.

    However, if a production company or distributor signs on to finance, distribute, or anything else prior to the project getting underway, they share in the responsibility even if the work is created by independent contractors because they have a hand in the creation of the content. Anybody involved in the production is considered an extension of the production company. That’s the way it works in mainstream. I’m sure porn would be the same.

  7. And again, I cannot wait to see the analysis of this vote from the great legal mind of Mark Kernes. No doubt Kernes will once again call this a victory for the industry. LOL

  8. Thanks for the compliment. That was just a mini rant on the financial aspects..

    That’s basically the same way it works in mainstream film… the distribution company is *usually* brought in after the fact on low budget movies leaving the producer (s) responsible for any and all responsibility in the actual making of the film.

    Of course, big budget movies are handled different… and are in a league above anything remotely resembling your basic film. It’s like regulation central on all levels imaginable.

  10. A lot of the producers in porn valley are not to blame for all this.
    The LATATA agents are the pimps that are the ones to go after
    for all this BS. Stop casting through the agents that are pimping girls and bi guys out for escorting and you wouldn’t have these bills and osha climbing up your ass all the time.

    Shalom!

  12. Lacey – I don’t have any experience with mainstream film, but I do have experience with mainstream television production, including a lawsuit arising out of a mainstream TV movie of the week for network television, and they work exactly like mainstream publishing. Ditto network news, where I also have some experience. The contract an independent like myself signs says I absolve the publisher/network/production company of all responsibility. But …. no one sues the writer. They sue the deep pockets. And as soon as they do, the deep pockets want the writer on their side unless the writer was egregiously irresponsible. I’ve been in court with two domestic television networks, one UK network, and two domestic publishers. In all instances, the networks accepted responsibility for my actions as the writer because they’d hired me for the assignment in question and because they’d vetted my work. That’s no different than a porn production company hiring an independent producer, writer, director or talent to produce content that meets its needs.

    To quote Assemblyman Hall …. again ….. porn needs to start acting like a legitimate business.

  13. @Reba

    Might be the mandatory negative HepC, HIV neg antibody tests backed up with eye exam to r/o damage like retinal tearing, MRI to r/o white patchy stuff from getting thumped upside the head one time too many, or the blood and urine to measure liver and kidney function…yeah that complete physical thing…oh and that thing in their mouth isn’t a horse bit …it’s a barrier to prevent them from biting off their fucking tongue…there ya go barriers that aren’t hazmat suits as advertised by FSC and it’s barkers.

    Oh and they not only have to release medical records including results to MMA/boxing commission but to the state too if they want a license to earn a buck in a sanctioned event.

  14. Shhhh hotel rooms are for private(s)…it’s called DIY health & safety according to personal moral code du jour which works cuz they are in a private residence where Americans have the right to privacy so so nobody better mess with them. Oh and who needs a permit to do what they want in a private residence?

    Lol..besides permits are for pussy’s and contracts aka not so standard standard model release covers it all as long model understands their first Amendment right to do what they want with their body. So no need to consult legal advisor before signing on location DIY contract with lots of clauses, since model is signing to waive their rights they don’t need a copy even if the check is in the mail.

    As long as model believes they signed away their rights and doesn’t have a copy it isn’t an issue if actual contract wouldn’t hold up beyond a bought off mayors court.

    Okay so comment is a bit snarky…not erasing it 😉

  15. Seems fair Lacey is still flustered over Kerfuffle, she might even get over it before the guy who spoke it to express his displeasure over a news article correction 😉

    Hall said the employee vs employer comment in response to Mitchell voicing concerns presented to her with hopes she’d vote against the bill. The concern on the table was that the bill would or might criminalize solo cam artists working from the privacy of their home. By saying it applies to Employees vs employers it seemed to me Hall was saying you had to have an employee to be an employer.

    No mistake that bill affects employee and employer alike…employee deals with barriers and third party payment process for testing that includes releasing that performer tested on xx/xx/xxxx (date) for HIV at employers expense. Employer is paying for testing, barriers and maintaining records (proof of test payments and verification that talent at minimum passed CDC recommended tests within previous 14 days) as required for their business according to relevant OSHA & labor record keeping/ retention laws.

    A couple interesting things came up…the law mandates compliance with CDC recommended testing guidelines. Currently CDC recommends ELISA which has the longer window. The bill doesn’t limit or prohibit pursuit of a more stringent testing protocol like the current FSC-PASS HIV test. Which introduced the 130k syphilis judgement hammering home that this isn’t an HIV bill it relates to all STD.

    Also mentioned; currently CDC has only general STD testing recommendations. Not sure if anyone spoke to why CDC hasn’t made industry specific STD testing recommendations.

    CDC is a public health related agency while OSHA is responsible for working with company’s develop industry specific guidelines for labor related health issues. If the bill becomes law, look for CDC to create industry specific recommendations which will likely consult the industry input to the OSHA advisory committee from 2009 to 2013 to revise and gear their BBP policy to a closer fit for the industry than the current BBP policy adopted in 1991/1992.

  16. @jamie

    Stumbled into detailed article, porn is now an advertisement for prostitution. It outlined the internet followed by tube sites /piracy essentially changing porn content from the main event to be performer brand building/advertising for higher prostitution rates.

    @jilted bet cha a wooden nickel that Kernes version of events will include lots of denigrating stereotyping language 😉

  17. Exactly as predicted, Kernes does not fail to spout the exact same shit as he has every single time the industry looses another round. Its comical at this point.

    Two senators held out, waiting to get a little political capital in exchange for their yes vote, as is to be expected in the real world of politics.

    And AHF still has a few aces up their sleeve too. If it starts to look bad they just pull out the ‘gay industry’ card. With the gay industry about 40% HIV+, and recent companies advertising the fact that they are knowingly hiring HIV+ performers, it will be hard for anyone to vote against mandatory condoms when people testify that companies are hiring HIV+people to perform.

  18. Mark Kernes has officiall gone over the edge. In his article he makes the statement that California and Nevada ‘law’ does not consider adult film acting to be “sex work.” Earth to Kernes, they arent being hired to flip burgers.
    And then Kernes says a “30 million dollar company”(that up from the last months 25 milliion) has already gone to Vegas. Exactly who is this company, why are they keeping the name of this company secret.

    MIKE SOUTH, can you find out who this now, $30,000,000 company is? If Vegas has opened up their arms to them then why keep it a secret,,,why isnt this company their to testify regarding their reason for leaving California?

    MARK KERNES, who is the 30 million dollar company? Why is this being kept secret?

  19. If you take a look back in history, you will notice that when the UFC first started there were 2 rules… ONLY 2:
    1. No eye gouging.
    2. No biting.

    That was it. Everything else was fair game.
    The UFC has come a looooong way… and they generate HUGE profits while being fully licensed & regulated. I’m not sure people really understand just HOW regulated they are at this point??

    I kinda miss those old time UFC fights though.. some brutal shit.

  20. Let’s put it this way:
    This is actually true and happened on a mid-budget movie with the production company also distributing, etc.

    Stunt performer decides to not wear safety harness while practicing a stunt. Stunt coordinator on-scene and does not stop him.

    While practicing, the perfomer makes a mistake on the height of the ceiling vs. his projected path (fucking weird… I know.)

    Performer slams head first into marble column breaking almost every bone in his body and really should have died on impact. Seriously. It was severly bad on every level.

    Performer turns around and sues:
    Production/Distribution Company
    Every single producer on the film
    The stunt coordinator
    EVEN the company who manufactured the rigging equipment used because, to be honest, the safety restraints and harnesses wouldn’t have done shit in protecting him. I’m still not sure of the details of that suit.

    Stunt performer made it through alive, went through rehab, can never work in stunts again due to his injuries, just had his first child…..

    and is now a millionaire.

    Business liability is nothing to take lightly… Especially when the potential for serious injury or disease is involved. It could very well only take one person to bankrupt an entire company.

  22. “Porn is now an advertisement for prostitution.”

    What fucking publication wrote an entire article on this?

    Hello. Welcome to planet earth where this has been the case for years.

    Seriously. I want to read it. Jesus fucking Christ the public is blind sometimes…

  23. Oh, I get it. So, “sex workers” are rallying together to fight the government on a bill that doesn’t even affect “sex workers.”

    Yeah, that makes total sense….??? *facepalm*

  24. Fuck, I need a zoning permit to print out tax returns in my own fucking house if I’m receiving income from another person to do so… Hahaha.

    And, that’s just some financial figures, a computer and god damn paper!!!!!!! We’re not swapping cum with each other and shit. LOL!!!!

    It’s not like everyone just runs around doing whatever the fuck they want because *they* don’t think they should have rules. Grow the fuck up.

  25. @lacey

    Our town also requires that any business sharing residential space be registered which included a nice little notice, businesses located in a residential home are not exempt from any regulation that apples to same/similar business located in mixed or commercially zoned establishment.

    Shit happens to everybody and nobody is that fucking unique or special 🙂

  26. @lacey

    Remind me & I’ll email link to article.IIRC it was written in 2012.

  27. I am interested as well, Jilted. I can think of just a few companies that could be worth $30 million. Vivid, Wicked, Kink/Cybernet, Evil Angel and Larry Flynt’s porn company are all that come to mind. Maybe Adam & Eve are worth that as well but their management is in North Carolina and I suspect at least half of their net worth is sex toys and condoms having little to do with porn, I don’t think they were limited to LA County in their filming to begin with. Last I knew (which was yesterday) Kink was still in SF, Wicked is condom already so they have no reason to be one of the first to move, Evil Angel’s directors film all over the world and knowing Steve Hirsch if Vivid moved it would be on the front page of both porn news sites and TMZ. I bet a company did move but it isn’t worth $30 million (unless it is on the gay side, I don’t know the companies on that end very well).

  28. I had a quick thought about this today:
    IF the industry states that porn performers are not sex workers then I would assume they would consider themselves entertainment performers?

    If that’s the case, then they should be able to easily get into SAG/AFTRA.
    So, a performer needs to contact SAG/AFTRA and find out how to apply.

    There…. that makes it easy. They’ll be regulated under SAG/AFTRA AND OSHA.
    Problem solved. 😉

  29. @lacey

    “There…. that makes it easy. They’ll be regulated under SAG/AFTRA AND OSHA.
    Problem solved. ;-)”

    But how would they escort with a cam on a tripod? The guy paying would have to be a member of SAG too.

  30. @jilted

    Looks like I owe ya a wooden nickel as Kernes didn’t use denigrating stereotyping language.

    Damn is he pissed at Bay. Gotta wonder since this fifth time she told same story in a public forum and it’s ‘apparently all lies’ why the people and events he uses in article (to back how transparent he thinks her apparent lies are) haven’t been standing at the legislature in rebuttal.

    Love the part about..required retraction…aka we own their ass and they royally fucking pissed us off.

  31. Lacey – the porn response would be ….. they should have made him a 1099 contract employee and had him sign a release of all liability – hey, he knew what he was getting into. Not our fault.

  32. Lol…let’s see how that works out for Bangbros as Does 1-50 start getting named. Like owner/insurer of house used for shoot, testing facility(s), booking agent etc….a barrel of monkey’s kind of fun to see whose gonna win at the …If I hide real good they can’t find me game 😉

  33. @jilted

    I don’t see why everyone rips on Kernes so much.

    If AVN or the FSC tells him to write an opinion piece that will at least sound valid to morons then he is a fucking great writer.

    Think of how many times a week he has to force himself to throw away his dignity when he writes a story. He should be commended.

  34. You are correct that Kernes is just a tool(in more ways than one) for the FSC. But as a so called journalist he violates every single ethical code ever adopted by his profession. If you are a member of an organization, and you are writing about that organization, you should identify yourself as such.

  35. http://www.xbiz.com/news/181181

    The writing on the wall is getting much easier to see, unless youre Dianned Duke that is.

    Just love some of the quotes here,,,,”Our sales are stronger than ever” “We use the clearest condoms,,,,,hard for the viewer to even notice.”

    And not one single word about condom rash either.

    There will be segment of the industry that complies with the new laws. they will operate without the fear of legal repercussions, and they will be successful. The next step will be to go after the distibution side, making it harder for them to distribute material made that violates the law.

    Now lets see APAC coe out and tell Smash Pictures that they dont want condoms. I doubt any APAC members will be turning down work from Smash.

    I wonder when AVN will get around to reporting this? LOL

  36. Youre gonna love this one. Smash Pictures announces they are all condom, actually went all condom six months ago. Now lets take a look at their latest parody release, “Owner Gets Clipped”(parody of LA Clippers owner Donald Sterling), and who do we see in this movie. None other than Nina Hartley. I wonder if Nina was upset because she didnt have the ‘choice’ to not use a condom, you know, all that pussy rash and std’s that condoms cause. ONLY IN PORN

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