Comments on: Charlotte Cross Broadsides Karen Tynan https://mikesouth.com/mike-south-commentary/charlotte-cross-broadsides-karen-tynan-27466/ The institute for the advance study of insensitivity and pornography Thu, 06 Jul 2023 10:11:50 +0000 hourly 1 https://wordpress.org/?v=6.7.2 By: LurkingReader https://mikesouth.com/mike-south-commentary/charlotte-cross-broadsides-karen-tynan-27466/#comment-33037 Mon, 23 Jul 2018 17:32:04 +0000 http://mikesouth.com/?p=27466#comment-33037 @mharris

“I strongly suspect his whole complaint is filled with lies and outright libel (I wish I could prove it). ”

It shows and with friends like you Derek Hay doesn’t need enemies.

This complaint is an administrative process… not a civil suit or criminal prosecution. Speculation about his insurance coverage changes nothing I said. Even if your fantasy could be a reality to make this case go away … a different attorney has also filed a complaint.

“Lurk, if you are correct than Dr. Gelbard is using these ladies to further his own ends”

ummmm lawyers file and answer complaints to make money..that’s sorta the whole point of their job. I think Gelbard is using this case to advocate his current and prospective clients best interests..the same way Derek Hay’s lawyers will advocate his best interests.

“Any forcible change to how porn does business will run the industry to another state or country. ”

Since Freeman the porn industry has used a cloak of legitimacy to shield itself from criminal prosecution and that legitimacy has also been used to legitimize prostitution revenues. Now the business of porn is facing another hurdle aka rough patch in the process of legitimizing prostitution.

Seriously stop looking at this like a bad thing for Derek Hay (agents) and see where it can go in the efforts to legalize prostitution. I won’t cry if legalizing prostitution is bad for Derek Hay because it’s good for the workers on the front lines.

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By: mharris127 https://mikesouth.com/mike-south-commentary/charlotte-cross-broadsides-karen-tynan-27466/#comment-33034 Mon, 23 Jul 2018 07:37:36 +0000 http://mikesouth.com/?p=27466#comment-33034 I will add that it is possible that Dr. Gelbard has been lied to by his clients regarding the rape by coercion accusations. I wouldn’t have accepted the case with that accusation unless the plaintiffs filed police reports and the DA filed criminal rape charges against Derek based on them. That should be common sense to an attorney but I guess it might not be out in the land of Hollywood.

Also, I refer to Charlotte et. al. as defendants above. I screwed up there, they are plaintiffs, Derek is the defendant. I had a senior moment, I guess.

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By: mharris127 https://mikesouth.com/mike-south-commentary/charlotte-cross-broadsides-karen-tynan-27466/#comment-33033 Mon, 23 Jul 2018 07:21:27 +0000 http://mikesouth.com/?p=27466#comment-33033 That attorney is also required to inform them of any settlement offer by Derek or his insurer (he almost definitely has insurance against such a lawsuit and insurance company practice is to try and settle for “nuisance value”, at least in Michigan usually $80K-$100K as it costs more than that to fight a case). If he does not, he risks his bar card/law practice license. It is the defendant’s option whether to accept the offer, tell her attorney to negotiate a higher amount or to fight the case. Lurk, if you are correct than Dr. Gelbard is using these ladies to further his own ends (and needs both his doctorate and his bar card shoved firmly up his ass). Any forcible change to how porn does business will run the industry to another state or country. Condoms aren’t an option, not allowing agents to facilitate voluntary referrals to escort agencies is a non-starter and detrimental to performer’s health/welfare and I strongly suspect his whole complaint is filled with lies and outright libel (I wish I could prove it). Derek’s and the industry agents contracts and fee structures do need to be changed but that is likely just frozen piss icing on Gelbard’s shit-filled cake. If that is really what this was all about he wouldn’t be (in many more words) accusing Derek of sexual assault by coercion (that is the term used here in Michigan, anyway — I know California has a similar term but I don’t have it available to quote verbatim). That is almost certainly libelous, if Derek was up to that it would have came out 15 years ago. People don’t start raping people (in this case the accusation is rape by coercion) 15 years after having 100 different, mostly attractive, vulnerable, barely legal women land in their office each year. Many multiple people don’t keep their mouth shut about rape by coercion for that long, if Gelbard really found four former clients that Derek raped by coercion, 50 more would have came out of the woodwork by now. We’ll see but I think this will hinge strongly on whether the defendants go for a quick buck to settle or if DIR is as anti-porn as Cal-OSHA and Los Angeles City and County are. Also, if Derek were guilty of rape by coercion the proper place for those accusations is in criminal court. They weren’t first filed there so I don’t believe the accusations, anyone litigious enough to make the accusation in a DIR proceeding would know that if they are true you go to criminal court first, a criminal conviction for rape by coercion by an entertainment industry agent would just about cement a quick DIR ruling in her favor and a large monetary award — payable by his insurer up to the limits of his policy. Four DIR rulings for rape by coercion in this manner with supporting criminal convictions would shut Derek’s agency down permanently (of course Derek would be in for a drastic change in his lifestyle at San Quentin, Corcoran or Soledad well before the DIR ruling).

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By: LurkingReader https://mikesouth.com/mike-south-commentary/charlotte-cross-broadsides-karen-tynan-27466/#comment-33032 Mon, 23 Jul 2018 04:41:31 +0000 http://mikesouth.com/?p=27466#comment-33032 @Mharris

Allan Gelbard is not a shakedown atty. He is on record trying to legalize prostitution.

https://esplerp.org/wp-content/uploads/2016/10/Brief-of-Amici-Curiae-First-Amendment-Lawyers-Assn-Woodhull-Freedom-Foundation.pdf

This isn’t something Derek Hay can make go away by paying off the plaintiffs. Even if he knows who they all are any settlement offers have to go through their attorney who has no doubt explained that this is not a quick process and could take ten years or more before it reaches a conclusion.

Said it before …saying it again
” Derek Hay is the name on this complaint but it isn’t about him or the unnamed plaintiffs; it’s about keeping it simple going after one agency. ”

This is about changing the way the industry operates and the laws in place that facilitate exploitation of legitimate workers.

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By: Karmafan https://mikesouth.com/mike-south-commentary/charlotte-cross-broadsides-karen-tynan-27466/#comment-33031 Mon, 23 Jul 2018 02:29:54 +0000 http://mikesouth.com/?p=27466#comment-33031 Derek got served with papers at Exxxotica in Miami.

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By: mharris127 https://mikesouth.com/mike-south-commentary/charlotte-cross-broadsides-karen-tynan-27466/#comment-33030 Sun, 22 Jul 2018 23:06:30 +0000 http://mikesouth.com/?p=27466#comment-33030 I still say sex by coercion like what is stated in the complaint is rape but definitions differ, Lurk. I do think a civil suit is in the wings here if Derek doesn’t settle with a large sum of cash, though. This is a shakedown, pure and simple. Unfortunately the cheapest thing for Derek to do is settle but that will make him a target for future shakedowns via the DIR. A man doesn’t represent talent for 16-18 years without raping them then start doing just that. People are wired to be serial rapists (which is essentially one of the accusations) from birth, it is a genetic flaw and a rapist can’t be cured. As for the charge of (essentially) pimping, it actually causes more problems than it is worth to refer adult film talent to an escort agency that he also part owns just for the reasons Lurk discusses in her comments. Derek was probably doing it to protect his talent from multiple arrests, rapes (yes, an escort can be raped), assaults and to get them more money for their escorting/prostitution gigs. Through his escort agency they can get $1500 an hour. The only other option available to them is self-booking which might get them $300 an hour and place them at higher risk of arrest in a sting operation as they can’t weed out possible pigs like a professional escort agency can. I think Derek was more protecting his talent (which is likely to go escort on Hollywood Blvd. if he doesn’t create and get them into a professional escort agency) than creating another revenue stream with that agency.

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By: Mike South https://mikesouth.com/mike-south-commentary/charlotte-cross-broadsides-karen-tynan-27466/#comment-33025 Sun, 22 Jul 2018 00:52:22 +0000 http://mikesouth.com/?p=27466#comment-33025 Lurk I think you nailed it if the ruling goes for gelbard the civil suit comes next..sorry i missed yer calls…will catch up tomorrow (Sun) love you long time

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By: mharris127 https://mikesouth.com/mike-south-commentary/charlotte-cross-broadsides-karen-tynan-27466/#comment-33024 Fri, 20 Jul 2018 19:39:12 +0000 http://mikesouth.com/?p=27466#comment-33024 Hop, there are articles making the claim that Ms. St. Clair was blowing people in her car for $35 each right here on Mike South. It has been a few years but it was reported here (not by me). I also stand by my assertion that without someone to guide and book adult performers that also hook on the side they wouldn’t be getting $1500 an hour, they would be lucky to get $50 for a blow job or $300 for a suck and fuck standing on Hollywood and Vine. They would also get busted and taken to jail in handcuffs much more often on prostitution charges. I personally think prostitution should be legal with some regulation but it isn’t, these girls need to make a living and an “escort” service such as the one Derek part owns is the lesser of two evils when it comes to arrest risk.

Also, maybe you need to get laid more often, Hop. Your vitriol toward me shows that you probably haven’t had any since the Carter Administration. Aaliyah Love, Elena Koshka, Lena Paul and Shae Celestine are cute as hell, book yourself in a scene with one of them and get laid for once! If you are into big tits Angela White and Alex Chance have nice, natural GGG tits — book them, cast yourself as male talent and suck on some titty while fucking their pussies! Even better yet, cast yourself as a submissive in a scene with Mona Wales or Maitresse Madeline and let her do as she may. We all need to have some fun from time to time. Enjoy that AAA rated pussy (or in the case of Madeline her overly tatted, FFF rated pussy — her tattoo artist needs to be tarred, feathered and run out of the US)! 🙂

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By: LurkingReader https://mikesouth.com/mike-south-commentary/charlotte-cross-broadsides-karen-tynan-27466/#comment-33023 Fri, 20 Jul 2018 18:42:49 +0000 http://mikesouth.com/?p=27466#comment-33023 @mharris

There is no ‘rape’ charge filed to be proven true.

You’re so fixated on ‘rape’ you’re missing the big picture….Allan Gelbard is using the Labor Commission the same way OSHA was used to find facts for use in civil suits against KINK.

The LC (Labor Commissioner) process can do a lot more damage than awarding Plaintiffs moneys owed, impose fines and yank Agency licenses…
they find facts that can be appealed by either side and moved onto the civil/criminal process as established fact with a higher burden to dispute. This complaint is written to try and establish facts related to human trafficking …a much bigger concern than your fictional rape charges.

“This Petition concerns an talent agent in the adult entertainment industry who has exploited his position of power to abuse his clients both emotionally, financially and sexually.”

“Most egregiously, he coerces some of his performers into “escorting” and then, should they seek to terminate their (illegal) contracts, threatens to “out” them for performing illegal sex-work. As alleged herein, and as shall be demonstrated at the hearing on this matter, he has violated not less than five sections of the California Talent Agencies Act, as well as numerous other state and federal statutes, some of which being beyond the scope of this Commission’s jurisdiction. Petitioners hereby reserve these claims for subsequent litigation.”

Times have changed since 2010 when AHF went after nine agencies for health & safety found on page 10 of this complaint.

“37. No talent agency shall send or cause to be sent, any artist to any place where the health, safety, or welfare of the artist could be adversely affected, the character of which place the talent agency could have ascertained upon reasonable inquiry. CA Labor Code, § 1700.33”

What was once the primary focus of a complaint against nine agencies is now fourth of twelve causes of action against a specific Agency. Derek Hay is the name on this complaint but it isn’t about him or the unnamed plaintiffs; it’s about keeping it simple going after one agency.

Consider it legal bowling …this complaint is the ball aiming for the 1 pin looking for the strike….this is an ongoing game with the potential to affect the entire industry and it will drag on for years with many venues hosting the various playoffs before a winner is declared.

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By: mharris127 https://mikesouth.com/mike-south-commentary/charlotte-cross-broadsides-karen-tynan-27466/#comment-33022 Fri, 20 Jul 2018 16:45:45 +0000 http://mikesouth.com/?p=27466#comment-33022 I skimmed the AVN copies of this complaint, the rape (by coercion) charge is definitely on it along with a laundry list of civil violations. If the rape charge is proven true, Derek is in a heap of trouble. The rest of the charges appear to be civil in nature and although DIR could fine the fuck out of Derek and yank his CA talent agency license he likely wouldn’t be out of business altogether as he also is licensed and has an office in Nevada. I suspect the rape charges are fabricated, he might not have followed the contract approval and maximum fee structure regulations but Derek doesn’t come across as a rapist to me and he has been a talent agent for at least 15 years. If he were a rapist it would have came out a long time ago. What a fucking mess Charlotte, the rest of the Peruvian Nose Candy (or whatever drug these chicks and their attorney were taking together when they wrote the rape accusation on the DIR complaint) crew and probably Derek himself have dug a hole so large and so deep it is going to take a jumbo jet to fly out of it — but I don’t expect the rape charges to go anywhere other than maybe a libel/slander lawsuit by Derek against the Peruvian Nose Candy crew.

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