Comments on: James Deen Fined 78,000 for failing to provide condoms https://mikesouth.com/mike-south-commentary/james-deen-fined-78000-for-failing-to-provide-condoms-13242/ The institute for the advance study of insensitivity and pornography Tue, 11 Jul 2023 13:51:50 +0000 hourly 1 https://wordpress.org/?v=6.6.2 By: rawalex https://mikesouth.com/mike-south-commentary/james-deen-fined-78000-for-failing-to-provide-condoms-13242/#comment-28789 Wed, 16 Mar 2016 02:27:07 +0000 http://www.mikesouth.com/?p=13242#comment-28789 In reply to Ivy.

“Your life, your work, your industry is what YOU make of it and how YOU define it.”

It just doesn’t work like that. Society (and the law) don’t judge the people doing it right, they judge the people doing it wrong, and then assume the rest of us are the same. Porn gets one big broad brush, not carefully painted little dots. Deen, Hardcore, Rob Black, and of course the Two Girls One Cup guy define porn in many senses, and Hirsch and Vivid pretty much do the rest. It doesn’t matter how nicely you play, you are judged by the worst players in town.

It’s why I think this is being orchestrated to run Deen out of the business.

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By: LurkingReader https://mikesouth.com/mike-south-commentary/james-deen-fined-78000-for-failing-to-provide-condoms-13242/#comment-28784 Mon, 14 Mar 2016 23:40:49 +0000 http://www.mikesouth.com/?p=13242#comment-28784 In reply to rawalex.

@rawalex

You’re spot on but Porn doesn’t get special snowflake status when it comes to be judged by societal perception or misperceptions. Guilt by association is a double edged universal theme. Spanish friend of mine abuela used to say take care choosing friends…who you choose today is who you will be in five years.

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By: Ivy https://mikesouth.com/mike-south-commentary/james-deen-fined-78000-for-failing-to-provide-condoms-13242/#comment-28780 Mon, 14 Mar 2016 11:23:04 +0000 http://www.mikesouth.com/?p=13242#comment-28780 In reply to rawalex.

@rawalex if that’s your opinion man, I really think that’s a stretch. That kind of thinking is also going to hold back people from making the industry a better place. It’s like, well it’s shitty here, might as well keep it shitty.
No. That’s not really how that works. The fact that people can talk about this openly, is a really good thing. It makes people aware of the issues, and they can work on it as they please. Imagine if you had all yes men in your life. Yes! Everything you do is fantastic and never wrong! But it’s a lie!
Your life, your work, your industry is what YOU make of it and how YOU define it. You can only really take responsibility for yourself, and if what you do is good (or like, porn good) then you know you did what you were supposed to. If you fucked up somehow, or someone, well then what’s coming is going to bite you in the ass. There’s all sorts of horror stories, but so what? You know what’s awesome? That Stoya could admit she was raped, and a lot of people supported her. And the others who stood up and said, “Hey I was raped too”. That’s awesome, that’s standing up and dealing with reality, not just ducking your head under and pretending what you see doesn’t exist. Like Mike has said before, when you take all the trophies and award shows away, what’cha got? You’re gonna be empty as hell if that’s all how you define yourself.

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By: rawalex https://mikesouth.com/mike-south-commentary/james-deen-fined-78000-for-failing-to-provide-condoms-13242/#comment-28775 Mon, 14 Mar 2016 03:02:52 +0000 http://www.mikesouth.com/?p=13242#comment-28775 In reply to MikeSouth.

Biggest problem Mike is that porn is judged by the dead prarie dogs, and not the live ones. We are measured by the Max Hardcores of the world, and not by those who never hit the radar. We are judged by Steven Hirsh offering every celeb who fucks up a nudie contract, by Kim Kardashian and Tila Tequila taking it in the ass, and not by the good and reasonable porn comes that turn out the smut we enjoy. It’s like a bar getting shut down because a couple of drunk fight in the parking lot – and they never even went in the bar.

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By: LurkingReader https://mikesouth.com/mike-south-commentary/james-deen-fined-78000-for-failing-to-provide-condoms-13242/#comment-28774 Mon, 14 Mar 2016 01:50:28 +0000 http://www.mikesouth.com/?p=13242#comment-28774 In reply to BT.

@BT

Porn definitely did this to itself and TY for using your succinct style to again spell out the obvious lost in my rambling prose.

Deen is just the latest to say tell OSHA GFY….TIM (treasure island media) another producer of content that isn’t your cup of tea did the same as did Kink.

Inspection: 312318348 – Lfp Video Group Llc Dba Hustler Video
March 2011 fined $14,175 April 2011 agreed to $10k settlement

That’s the difference between cooperating and GFY.

Quote from summary to 3/2006 20k word thesis submitted to OSHA. “Further evidencing the government’s escalating intent to actively be- gin regulating the industry was a state assembly bill, Assembly Bill 2798 (“AB 2798″), which was proposed in 2004 and addressed adult film performer health and safety. ”

Hidden in its depths is a bit about Larry Flynt fearing mandatory TESTING. Go ahead search the PDF for Larry Flynt it’s there. http://www.dir.ca.gov/dosh/doshreg/comments/Maria%20de%20Cesare%20USC%20Law%20Review%20Article.pdf

This isn’t about condoms or consumer preference it’s about stakeholders not wanting to pay for testing. If they agreed to pay for shared costing testing & treatment ten years ago mandatory condoms and dental dams wouldn’t even be a conversation today.

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By: LurkingReader https://mikesouth.com/mike-south-commentary/james-deen-fined-78000-for-failing-to-provide-condoms-13242/#comment-28773 Sun, 13 Mar 2016 23:59:31 +0000 http://www.mikesouth.com/?p=13242#comment-28773 In reply to LurkingReader.

@BT

Never occurred to me to include a reassurance, your honesty & integrity are above reproach in my book. You’re one of the folks that cause me to question my understanding before I question your logic. That’s a big compliment 🙂

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By: BT https://mikesouth.com/mike-south-commentary/james-deen-fined-78000-for-failing-to-provide-condoms-13242/#comment-28772 Sun, 13 Mar 2016 23:05:44 +0000 http://www.mikesouth.com/?p=13242#comment-28772 In reply to MikeSouth.

Mike: Keeping your head down is completely understandable. And, while I love to pontificate, in this I really am pontificating, so take it for what it’s worth. Really just guessing here. In Georgia, you can probably keep your head down, as long as Ted Cruz doesn’t become president.

What I wonder is, are they just bringing the hammer down on Deen because he was a dick? Or are they ready to bring the hammer down on the porn industry and Deen is Public Enemy Number One! They’re using him to set an example and send the message that there’s a new sheriff in town. I have no idea.

All of that said, Deen’s lawyer can shout all he wants that Deen wasn’t properly served, OSHA had no right to raid his joint, etc. But, Deen has come out with a public statement that flips OSHA the bird and says – Hey, everything you just fined me for? Get used to it, Dudes. I’m gonna keep doing it.

So, he keeps going business as usual and the next time they serve him in whatever manner Deen’s attorney defines as proper and fine him all over again. And, then they just keep doing it with every new shoot.

Ask Seymour Butts, Max Hardcore or Rob Black what is the end result of Fighting For The Right To Party.

Deen is still fighting the last battle, arguing that the government doesn’t have the right to tell him what to film. He’s just plain wrong, his lawyer ought to know it, and it is a direct result of a lawsuit that the porn industry via Steve Hirsch and Kayden Kross filed and lost. Porn did this to itself.

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By: BT https://mikesouth.com/mike-south-commentary/james-deen-fined-78000-for-failing-to-provide-condoms-13242/#comment-28771 Sun, 13 Mar 2016 22:57:41 +0000 http://www.mikesouth.com/?p=13242#comment-28771 In reply to LurkingReader.

See. I knew you’d keep me honest!

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By: LurkingReader https://mikesouth.com/mike-south-commentary/james-deen-fined-78000-for-failing-to-provide-condoms-13242/#comment-28770 Sun, 13 Mar 2016 22:56:46 +0000 http://www.mikesouth.com/?p=13242#comment-28770 In reply to LurkingReader.

Ps….

If Porn is counting on backroom friendships to stall the process this time.. AHF isn’t the only one who can effectively do a CASPA …complaint about state program. Look at the NGO contributors to 5193.1 rule-making documents (there are more through the advisory committee process too) they all have the contacts & pull. Eight states and a dozen health agencies contributed to the CDC report. These are the people who come to the front lines if Ebola or some shit like that breaks out in the US…they aren’t calling bullshit on the studies …they’re ROFLAO at the mope from John’s Hopkins and the one before that from Minnesota who cried “flawed methodology”

NH not having a state plan is a big deal because they can’t offer an alternative outside the federal rule process. Four State plans have different standards from Fed OSHA…CA, MI, OR, WA.

Duke couldn’t or didn’t get anything going in OR or WA where she had Planned Parenthood contacts/connections and NFW does porn want MI weighing in on this.

Those are ugly truths hiding behind many porn poker faces.

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By: LurkingReader https://mikesouth.com/mike-south-commentary/james-deen-fined-78000-for-failing-to-provide-condoms-13242/#comment-28769 Sun, 13 Mar 2016 21:58:24 +0000 http://www.mikesouth.com/?p=13242#comment-28769 In reply to BT.

@BT

I’m not 100% on Kink cooperating with the standard process. If you recall kink, sx ? (Something) and stagliano all had NR (inspection process id) disappear so even if they weren’t cooperating with the process they were cooperating/negotiating with someone at OSHA behind the scenes. I can’t see that happening if the initial response was GFY get a Subpeona.

Deen was definitely treated accordingly. It doesn’t bode well for him that his attorney is publicly saying Deen wasn’t served proper notice and OSHA raided his business establishment. That’s the kind of shit that doesn’t go away once you get into a conference room. Also not smart pissing off judges saying they signed a bad faith warrant.

The thing I think people are missing is once OSHA accepts a petition to make industry specific rules…the gig is up. I don’t think independents understand how much is riding on the way Deen and his backers are playing this. This is wayyyyy bigger than California, 20+ state plans can adopt what ever Cal/OSHA designs as ‘exceeds’ federal standards in expedited rulemaking process. Less than one year…let that sink in if you’re making porn in a state administered OSHA locale.

“California Emissions” two words that sum up how big 5193.1 is.

It was initially limited to CA then consumers sued to say it was unfair to pass cost on to them as an add on so all US cars got CA emissions and everyone paid in the higher base vehicle price. Having a car red tagged via NJ annual inspection I was more than a little ticked to learn CA didn’t do annual kick the tires and fill in the check boxes safety inspections. NJ never adopted CA emissions regs because poorly maintained cars were the problem not new cars. Decades later new car window stickers still include ‘meets or exceeds California emissions standards’ NATIONWIDE….definitely a game changer.

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