NO on B Bus Tour – Saturday, November 3rd 12-5pm

(CANOGA PARK, CA) — Adult performers and other adult industry personalities plan to demonstrate their opposition to LA County Measure B with a press conference in Canoga Park and follow-up demonstrations this Saturday, November 3.

“Proponents of Measure B would like you to think that it’s just about using condoms in porn, but that’s not true,” adult-industry blogger Tod Hunter said. “If this passes, adult content will have to be shot under emergency-room protocols. The same rules that protect an ER nurse from the spurting blood of a gunshot victim will apply to professional adult performers — even husbands and wives when they are working together. And producers will have to pay extra for filming permits to pay for inspections of their sets. Measure B is a declaration of war against the adult industry, an attempt to shut it down by smothering it in bureaucratic red tape.”

The press conference will take place at an adult production studio in Canoga Park, and the rallies will follow. The bus transport has been arranged by the organizers of LA Porn Tours, which offers adult-industry fans the chance to see the places where adult content is shot.

“Everybody in the adult industry is doing what we can to defeat this measure,” LA Porn Tours’ Benjamin Free said. “I got a bus, and we’re taking it to the streets.”

The performers are looking forward to the demonstration.

“I believe we performers should have the choice whether to use condoms or not,” performer Alex Chance said. “We shouldn’t be forced into doing things with our bodies that we do not want to do.”

Performers currently planning to join the press conference and rally include Alex Chance, Abby Cross, Shay Fox, Tara Lynn Foxx, Jessica Jaymes, Kagney Linn Karter, Keiran Lee, Tony Martinez, Alexis Monroe, Chanel Preston, Natasha Star, Alison Tyler, Heather Vahn, Taylor Wane and Prince Yahshua, as well as adult industry personalities Michael Fattorosi, Michael Whiteacre, Tod Hunter, photographer Rick and director Mo.

Adult industry professionals who want to participate and mainstream press who want to arrange interviews should contact Rick Garcia on Twitter at @IndustryByRick or Benjamin Free on Twitter at @LAPornTours.

Michael Fattorosi: The United Nanny States of America

This morning I woke up to an interesting story from the one other state in the US that has legalized and protected porn production – New Hampshire. No that story has nothing to do with condoms and porn, but it does have to do with the fundamental issue behind condoms in porn. Freedom and right to choose personal risks.

In Dover, New Hampshire, a school board member wants to ban high school football in the town. Dr. Paul Butler, a retired surgeon, notes that the possibility of a concussion on a developing brain is devastating. He is also a former high school and college football player so it isn’t as though he doesn’t understand what happens on a football field. And it is not as though there aren’t medical studies to support his claim ( Please see: http://boston.cbslocal.com/2012/10/02/school-board-member-wants-to-ban-football-in-dover-nh/ ).

This follows last month’s Board of Health decision in New York City to ban the sale soft drinks larger then 16 ounces. Mayor Bloomberg championed the measure and stated that he thought “This is the single biggest step any city, I think, has ever taken to curb obesity, it’s certainly not the last step that lots of cities are going to take, and we believe that it will help save lives” ( Please see: http://www.nytimes.com/2012/09/14/nyregion/health-board-approves-bloombergs-soda-ban.html?_r=0 )

In Calabasas, California the city government has not only banned smoking in bars and restaurants but in 2006 they extended that ban to ALL public places. And then in 2008 they further extended the ban to include the balconies of your own apartment. If someone decides to light up on their balcony – they get evicted ( Please see: http://www.theacorn.com/news/2008-01-24/community/006.html ).

In 2011, San Francisco banned toys from McDonald’s Happy Meals ( Please see: http://www.reuters.com/article/2010/11/03/us-mcdonalds-toys-odd-idUSTRE6A25P220101103 ). Hazelwood, Missouri banned Girl Scouts from selling cookies on their own front lawn ( Please see: http://stlouis.cbslocal.com/2011/03/24/hazelwood-crackdown-on-girl-scout-cookies/ ). And in Midway, Georgia the police busted three little girl’s lemonade stand for not having a business license ( Please see: http://today.msnbc.msn.com/id/43769978/ns/us_news-weird_news/#.UIlTm4VTv-k ).

What does all of this have to do with Ballot Measure B and condoms in porn ? Everything…

This is what the United States has turned into… “The Land of Fees and the Home of the Safe.” Long gone are the free and the brave.

I am appalled at how many people and elected officials are willing to trade personal freedoms for safety. We have diverged so far from the principles that this nation was founded upon that we have certainly lost our way. Benjamin Franklin must be doing cartwheels in his grave. His words should be etched into collective consciousness of every American;

“They who can give up essential liberty to obtain a little temporary safety, deserve neither liberty nor safety.”

 

Exxxotica NJ: “Breaking into The Biz” Seminar Schedule

Exxxotica NJ has now released the seminar schedule for the show in Edison NJ November 9-11th.

Breaking Into The Biz: A How-To Guide To Getting Into The Adult Industry
Moderated by Michael Fattorosi, Adult Industry Attorney

Single-handedly the most asked question we get is, “How do I get into the biz?” Well, here’s your chance! What do you really need to know to break into the biz? Whether you want to be a webcam model, fetish producer or even a pornstar, this seminar can show you how you can be making money by the next day! Need some extra cash to help pay the mortgage or even the car? A few hours on cam and you can have it. Want to try your hand at being a director or performer but dont know how to set up a website or distribute your movies? We can show you how! The industry is easier now more then ever to get into so come learn how to grab a piece of a $10 billion dollar a year industry for yourself!”

I will be presenting the seminar at the following times;

Friday, November 9th – 5:00 – 6:00pm

Saturday, November 10th 4:45 – 5:45pm

Sunday, November 11th 1:00 – 1:45pm

Please come by and say hello. If you cannot make one of the seminar times I will have a booth on the show floor. Please stop by and ask one of the pornstars at the booth to call me if I am not there and I will come back to the booth to meet with you.

If you would like to set up a private consult while I am in New Jersey please feel free to email me using the form in the right column. I can arrange for a private meeting room if necessary. Also, I will have various production forms for sale at a discount price in electronic form (loaded onto a USB drive). Please see my Forms4Sale for a samples of the forms. I will be adding more contracts in the next two weeks.

 

Exxxotica NJ: Rebecca Bardoux Signing at AdultBizLaw Booth

Not only will I be presenting a seminar series at Exxxotica NJ ( http://www.ExxxoticaExpo.com ) but I will also have a booth for AdultBizLaw.com. I am fortunate to have several pornstars that will be appearing and signing at the booth. So please stop by and say hello to all of them and buy one of their DVDs or take a photograph with your favorite one.

Rebecca Bardoux is a 20-year veteran of the adult film industry. She first stepped in front of the cameras in 1992, during the last of the ‘golden years’ of porn, and has appeared in 200 adult feature movies. Considered a legend by her peers and fans, she was inducted in to the AVN Hall of Fame in 2007.

During her career, Rebecca has worked with the top directors and studios of the adult industry. She has been nominated repeatedly for her work, and has held prominent roles in many award-winning movies.

Just three months into her career, Rebecca was requested to shoot for the Italian Adult Cinema in Sicily, and shot two award-winning movies for that industry. Rebecca also co-starred in the AVN Best Film for 1992 “Face Dance”, directed by one of the pioneers of the industry, John Stagliano. She later went on to be nominated for Best Supporting Actress in a Film for her performance in 2003‘s “Heartbreaker” for Vivid Entertainment, directed by the multiple award-winning director, Paul Thomas.
Miss Bardoux also made a strong name for herself in the feature dance circuit during the mid to late ‘90s. She was considered to be one of the top feature performers, and performed to packed gentlemen’s clubs throughout the world.

After a four-year hiatus from the industry to focus on a relationship, and to live and work in the ‘civilian’ world, Bardoux realized that erotic entertainment was her only love. Rebecca made her comeback in 2009 in a scene directed by and opposite Mo for Madness Pictures, distributed through Adam and Eve.  Rebecca also shot a comeback scene for Naughty America, and she is honored with being one of the original MILFs in adults’ very popular genre.

Currently, Rebecca hosts a radio show every Friday night from 7pm to 9 pm EST on XXX Pornstar Radio, broadcast through BlogTalkRadio.com. She also pens a spontaneous blog:  http://rebeccabardoux.blogspot.com and is a regular columnist on AINews.com.  Bardoux is a strong advocate for the adult industry and just finished shooting a public service announcement in support of No on Measure B, the industry-killing ballot initiative in Los Angeles County.

Rebecca is currently working on her biography. She will be appearing in the mainstream play ”Deep Throat the Sex Scandal” opening January 17, 2013 in Los Angles, CA.

You can stay in touch with Rebecca by following her on twitter https://twitter.com/rebeccabardoux and subscribing to her page on Facebook at https://www.facebook.com/rebecca.bardoux.

Michael Fattorosi: My Meeting with Rep. Howard Berman and Asm. Bob Blumenfield

Sometimes as an attorney I get to do interesting things, well at least interesting to me. Before porn, I was involved in politics in my home state of New Jersey as well in Washington D.C. during college. I ran for elected-office as well as ran campaigns for other politicians and worked with former New Jersey Governor James McGreevey before heading off to law school ( Please see: http://en.wikipedia.org/wiki/James_Mcgreevey ).

On October 8th, I was invited to a private “meet and greet” with Congressman Howard Berman and Assemblyman Bob Blumenfield (photo on right) ( Please see: http://www.howardberman.com/ and http://www.bobforassembly.com/ ). Berman is running for re-election against another sitting Congressman, Brad Sherman, due to redistricting in the San Fernando Valley. Both are running for election in the 30th Congressional District and both are democrats ( Please see: http://ballotpedia.org/wiki/index.php/California%27s_30th_congressional_district_elections,_2012 ). The new “30th Congressional District” contains most of the San Fernando Valley.

Assemblyman Bob Blumenfield is the sitting democratic in the 40th Assembly district however his district has also been redrawn and is now the 45th Assembly District which also contains most of the San Fernando Valley. His opponent is Republican Chris Kolski ( Please see: http://www.smartvoter.org/2012/06/05/ca/state/race/caasm45/ ).

For all intents and purposes, Congressman Berman (photo below) and Assemblyman Blumenfield are the industry’s representatives in Congress and the California State Assembly.

October 8th was also the day that the Republican Party and the Libertarian Party both took positions against Ballot Measure B. However, the Democratic Party as yet to make a decision as to Ballot Measure B. Neither Berman or Blumenfield have yet to take an official position on Ballot Measure B though both represent most of the businesses and the talent of the adult entertainment industry located in the San Fernando Valley.

At the meet and greet, I was able to have in-depth conversations with both Berman and Blumenfield as well as their staffers. All understood the impact that Ballot Measure B would have on the industry and the lives of their constituents. Everyone was well aware of the potential loss of business and tax revenue for the San Fernando Valley that Ballot Measure B could inflict if passed.

What was more interesting was their positions as to whether worker safety laws should be the subject of a county wide ballot measure. Prior to being elected to Congress, Howard Berman was an attorney that specialized in Labor and Workers Compensation law. He understood the complexity of establishing safety laws in a workplace. As a state Assemblyman, Blumenfield was also well versed on worker safety issues.

I should probably also note at this point, that Los Angeles City Councilman Mitch Englander was the ONLY City Council Member to vote against the Los Angeles City “Safer Sex in Adult Film Ordinance” that now requires condoms in adult films in the city of Los Angeles ( Please see: http://cd12.lacity.org/index.htm and http://laist.com/2012/01/17/condoms_in_porn_ordinance_passed_into_law.php ). Councilman Englander, who also represents the San Fernando Valley, was the only Council Member with the political and personal fortitude to stand up and protect his constituents’ interests.

As an industry we need to reach out to our representatives, local, state and national. We are a legal industry. We are an industry that is under attack and we need the support those that we elect. Whether it is “Condoms in Porn” or even the Stop Online Piracy Act, which Berman was a co-sponsor of, the industry needs to have their seat at the political round-table ( Please see: http://www.wilshireandwashington.com/2012/02/a-divide-on-sopa-in-berman-sherman-race-.html ). Without question the Valley’s largest employer is the adult entertainment industry. Employing an estimated 5,000-10,000 people annually there is no larger single employer. Between family and friends of those in adult, it can be estimated that there are 15,000 to 45,000 voters in the San Fernando Valley that have some connection to the industry. It is time that the people in adult entertainment be recognized as voting block. Blumenfield won his last election by 20,000 votes. Howard Berman won his last election by 60,000 votes. And is currently trailing Brad Sherman, his opponent, in the polls 45% to 32%. And Mitch Englander won his seat on the City Council with little more than a 6,200 vote victory gap.

If you are not registered to vote do so now. You even can do it online ( Please see: https://rtv.sos.ca.gov/elections/register-to-vote/ ). Remember, if you have moved since you were last registered to vote, you have to re-register again with your new address.

And on November 6th get out and vote against Ballot Measure B !

Do Not Restrict The Right To Choose!

On October 11, 2012 the following article was posted on one of the largest gay dating websites with millions of members through-out the world and tens of thousands of members in Los Angeles County (NSFW http://blog.adam4adam.com/2012/10/health-will-l-a-producers-be-forced-to-wrap-it-up/ ). It was also emailed to more than 700 public health experts in the United States including physicians at the CDC, National Institutes of Health and various county health agencies.

Do Not Restrict Our Right To Choose!

 

On November 6th the voters of Los Angeles County are going to be asked to decide a ballot measure as to the sexual rights of a small inclusive community within its boarders.

A community that is often misunderstood and rarely given a voice. A community that is publicly shunned and privately enjoyed. A community that has fought for its existence through years of struggles, court battles and legislation.

Those that make up this community only want one thing – the right to choose for themselves how to live and work.

The principle force behind this ballot measure is special interest. A large powerful organization is trying to impose their will on a smaller group that does not want it. This organization does not like the example this community sets for others in the world, especially young people.

You might assume that I am referring to a proposition about gay rights but I am not.

I am referring to Michael Weinstein and AIDS Healthcare Foundation’s attempts to force porn performers in the County of Los Angeles to wear condoms. He wants the Los Angeles County Health Department to enforce a California employee safety law that would require the use of condoms, dental dams and latex gloves for vaginal, anal and oral sex.

Michael Weinstein wants the voters to believe the adult industry in Los Angeles is a cesspool of HIV and sexually transmitted diseases. He is playing the fear mongering card that some how if not stopped, the porn industry will infected the rest of Los Angeles. This should be a familiar argument to the gay community.

To compound the misinformation, AHF’s spokesperson on this Ballot Measure is Derrick Burts. Burts claims he contracted HIV while working in the adult entertainment industry. However, he did not contract HIV on-set in Los Angeles. He most likely contracted it on a gay set in Florida where condoms were used or off screen in his private life. AHF is not telling the voters that.

AHF is also not telling the voters that violating Ballot Measure B can land a person in jail for up to 6 months (per incident) and result in thousands of dollars in fines and legal fees.

AHF is also not telling the voters that this law even applies to couples not in the porn industry. The law is so broadly written that even private individuals performing on web cam together will be required to use condoms during their shows.

The industry has regular testing protocols that have keep us safe for the past eight years. There has not been a on-set transmission of HIV since 2004 when five performers were infected by Darren James. Recently, the industry has moved from a 30 day testing cycle to a 14 day testing cycle to further improve performer safety. They have also adopted the Aptima test, highly regarded as one of the most sensitive for HIV detection purposes.

But yet that is not enough for Michael Weinstein, who regards testing as nothing more than surveillance. He wants to use the industry and their product to send a message. He wants to use porn for nothing more than product placement. That message and that product are condoms. Yet, he calls it a worker safety measure.

Instead of government representatives, work place safety experts, physicians and the industry representatives working together to develop a comprehensive plan to protect performers without infringing on the performers and producers’ First Amendment rights, Mr. Weinstein is asking the voters of Los Angeles County to decide worker safety laws. This is unprecedented in California. The public does not vote on the height of scaffolds or the guards on chainsaws.

This is not the first time AHF and Michael Weinstein have pushed for a ballot measure involving mandatory condoms. In 2000, he tried to force West Hollywood to purchase 500,000 condoms and have all the bars and restaurants within the city hand them out to their patrons. AHF’s ballot measure was soundly defeated within his own community.

We as an industry only want the right to decide this issue for ourselves and not have it forced on us. Performers should have the right to choose. They want their sexual rights.

James Deen, male pornstar, might have said it best;

“I endorse safe sex.  I endorse condoms.  I endorse condom use while getting regularly tested with your partners.  This is the entertainment industry.  We choose to create a product that is fantasy driven.  Some of us choose to perform without condoms. These are our choices.  Do not restrict my right as an American, or a human being, to choose.  Please vote no on Measure B.”

We ask those of you living in Los Angeles County to Vote No on Ballot Measure B on November 6th. We ask those with friends in Los Angeles County to call them and ask them to Vote No! Let us have the right to choose!

To learn more about Ballot Measure B please visit;

http://noongovernmentwaste.com/

http://performersforchoice.com/

http://yesonb.info/

http://www.aidshealth.org/archives/14731

http://ballotpedia.org/wiki/index.php/Los_Angeles_Porn_Actors_Required_to_Wear_Condoms_Act,_Measure_B_%28November_2012%29

To download a copy of the ballot measure language click here -> http://adultbizlaw.com/wp-content/uploads/2012/10/condoms-in-porn-proposed-los-angeles-county-1.pdf

Michael W. Fattorosi is an adult industry attorney located in Los Angeles, California. He has represented straight, transsexual and gay performers in the industry. He has been called the industry’s “Top Porn Attorney” by the AIDS Healthcare Foundation. You can read more of his articles on Ballot Measure B at http://www.AdultBizLaw.com or you can follow him on twitter at http://www.twitter.com/pornlaw He welcomes all feedback.

James Deen is an eight year veteran male performer and mainstream actor. You can see him in “The Canyons” co-starring with Lindsay Lohan to be released in 2013. You can read more about him at his website at http://www.JamesDeenBlog.com and follow him on twitter at http://www.twitter.com/jamesdeen

LA Times Says NO to Prop 35 !!!!

The Los Angeles Times has now released their endorsement of “NO on Prop 35.” I can take a lot of pride in this particular endorsement since I was fortunate enough to have been invited to speak to the LA Times Editorial Board against Prop 35 by Maxine Doogan, the Chair of the “No on Prop 35” campaign in California. I posted an article about the experience on September 22, 2012 ( Please see: http://adultbizlaw.com/prop-35-our-meeting-with-the-los-angeles-timess-editorial-board/ ). Maxine and a small group of people have now been able to convince three major newspapers not to endorse Prop 35 despite the fact that we are battling a well oiled campaign machine that is supporting Prop 35 with more than $2 million dollars in funding! This is truly David vs. Goliath. The LA Times joins the Sacramento Bee and the Fresno Bee as taking a NO position on Prop 35 ( Please see: http://adultbizlaw.com/sacramento-bee-fresno-bee-both-say-no-on-prop-35/ ).

Here is an excerpt from the LA Times editorial endorsement;

“If reducing sex trafficking and forced labor were as simple as adopting a ballot measure that promised to deal with those predatory practices, there would be every reason to vote for the popular Proposition 35. But the initiative system doesn’t work that way. Voters must ask more than whether they would like to see those cruelties come to an end. They must be satisfied that the particular, far-reaching and inflexible penalties and procedures that would be enacted by this measure would help; that they are the best approach to solving an actual problem; and that actual progress would dwarf any unintended consequences.

Proposition 35 fails those tests. Voters should not be lulled into believing that by approving this measure they will be taking effective action against slavery and sexual exploitation. Even if well intentioned, this initiative falls well short of the mark. The Times urges a no vote.

The issue that I spoke to the Editorial Board directly on was cited as one of the LA Times main concerns about Prop 35;

“It expands the sex offender registry and, in so doing, converts it from a useful tool to help police and residents track the whereabouts of potentially dangerous sexual predators into a list that includes non-sex criminals, including traffickers who extort money. This muddies the purpose of the database. Traffickers, along with existing sex offenders, would be required to provide local police with their Internet providers and screen names. Few Californians would feel sorry for criminals who have to provide information, but it is a poorly targeted approach to the problem with the registry — the largest in the nation.”

Read the entire article here – http://www.latimes.com/news/opinion/editorials/la-ed-end-prop35-20121010,0,4382854.story

 

Testing and Condoms: Straight Porn vs. Gay Porn

As I continue to research the issue of Ballot Measure B, the “Condoms in Porn” law, it became apparent that we have a divided industry. Actually it is more like two separate and distinct industries. We share common interests. We often share the same distribution channels and profit streams. There are now even companies that produce both gay and straight content ( ie., Naughty America-> http://www.suite703.com/ and Manwin-> http://www.men.com/ ). San Francisco and Los Angeles lie only 382 miles from each other but they might as well be on different coasts. When it comes to the issues of testing and condoms we could not be any more different or diametrically opposed.

The straight industry tests and doesn’t usually use condoms. The gay industry rarely tests and usually uses condoms, though in recent years even the use of condoms in gay porn is diminishing while testing is increasing. For performers in the gay community the issue of HIV status is treated as a closely guarded secret while in the straight industry test results are passed out like candy at a five year old’s birthday party.

In the straight industry if a performer is HIV+ there simply is no work for them. According to an article in Out Magazine, according to Michael Stabile, then Marketing Director for NakedSword.com, it was estimated that nearly 50% of all performers in gay porn are HIV+ ( Please see:  http://www.out.com/entertainment/2007/07/23/baring-truth?page=0,1 ). A survey by TheSword.com of 100 gay male performers put that estimate closer to a 30% HIV+ rate (Please see: http://www.advocate.com/health/2009/08/12/business-pleasure?page=0,1 ).

Kent Taylor of Raging Stallion Studio claims;

“We don’t currently ask [about HIV status]. We assume everyone is [HIV-positive], and if they say they are not, we assume they are lying.”

Michael Lucas, owner of Lucas Entertainment, does not believe that HIV status should be discussed in polite circles ( Please see: http://www.advocate.com/politics/commentary/2011/09/27/oped-live-world-where-everyone-has-hiv )

“I’m in favor of a “don’t ask, don’t tell” policy. Not in the military, of course — those days are behind us — but in the bedroom. What I’m talking about, specifically, is HIV. And my point is that, at least when it comes to sex, we should talk about it less.”

So in gay porn it is a matter of not testing and/or not sharing of HIV status and just simply using a condom to protect the performers. However, do condoms really protect the performers ? Does less than complete adherence to condom use even in a performer’s private sexual life keep them safe ? According to Stabile ( Please see: http://www.out.com/entertainment/2007/07/23/baring-truth?page=0,1 );

I’ve talked to some of them [gay male performers], and they say, ‘The only time I ever have sex with a condom is on-screen.’

Therefore, if some gay performers are only using condoms on set and not in their personal lives and not testing, it is impossible to know actually how many HIV transmissions are occurring on gay sets. Michael Weinstein of the AIDS Healthcare Foundation is not concerned with performer health and safety in the gay industry because according to a statement he made to this author at a September 17, 2012 press conference “the majority of gay porn is made with condoms.” His belief is that condoms protect.

This opinion is echoed by Michael Lucas;

“In fact, it’s hard to get HIV even from sex — as long as you use a condom. I dated a positive guy for two years in the 1990s; we had safe sex almost every day, and I never seroconverted. Today, it is even more difficult to become infected through protected sex. Recent studies suggest that HIV-positive men who are taking their medications pose a vastly reduced risk of transmitting the virus.”

Obviously there is a school of thought in the gay porn production community that test results do not really mean much if you are using a condom. Most gay studios only use condoms for anal sex. Rarely are they used for oral sex. Condoms may protect from HIV but they do not protect from oral chlamydia, gonorrhea, HPV and herpes if they are not being used. How many gay performers have contracted chlamydia, gonnorhea and HPV of the throat or herpes simplex 2 around their mouths ? Without testing there is simply no way to know. And therefore Michael Weinstein’s belief that gay performers are some how better protected from STIs because they use a condom for anal sex is terribly flawed logic.

In straight porn there is almost no one that will work with a known HIV+ positive performer with or without a condom. Matter of fact, the way the FSC/APHSS testing system works is to flag a performer that tests positive for HIV. The database will indicate that they are not cleared to work. At that point the straight industry would undergo a complete shut down of production until a full tree of potential exposures could be established and all performers that had been exposed re-tested. Any positive performers would then be re-tested again to confirm their status. This is a completely different from the gay industry that almost assumes all performers are HIV+.

According to many producers in straight porn, mandatory condoms would decimate the industry in Los Angeles. According to producers in gay porn, mandatory testing would decimate the industry in San Francisco ( Please see: http://www.advocate.com/health/2009/08/12/business-pleasure?page=0,1 ).

So how does an industry divided rectify this situation and come together to be united ? Can that even be achieved ? Can there be common ground reached to ensure profits while maintaining worker safety and participation ? The issues of government mandated condoms or industry mandated testing must be discussed openly. As more performers cross in-between both sides of the industry this topic will only become more heated and divisive if not handled properly.

 

Why I Think We Have The Right To Choose by Alia Janine

The opinions, beliefs and viewpoints expressed by the various contributors on this web site does not necessarily reflect the opinions, beliefs and viewpoints of AdultBizLaw.com and Michael Fattorosi nor should they be considered legal advice.

Reprinted with permission. As first published on September 12, 2012 at http://aliajanine.com/2012/09/12/why-i-think-we-have-the-right-to-choose/

This is something I wrote back in June of 2011 after attending one of the Cal/OSHA meetings. I didn’t have my awesome blog that I have now so I posted it in different forums like Adult DVD Talk and FreeOnes.com. After this meeting I remember feeling very disturbed by Cal/OSHA and the AIDS HealthCare Foundation as a whole for even fathoming trying to control something like the Adult Industry the way that they wanted too. I thought they were crazy fascist, that this couldn’t be happening in this day of age, in America nonetheless, I still do.

I wrote this after looking up state statues, laws, and Supreme Court rulings trying to find some answers that I knew were there. I was more concerned for the complete disregard of our First Amendment rights then the debate on if we were independent contractors or employees, as you’ll read. But after some more research, talking with my buddy Michael Fattorosi, and a little common sense I couldn’t really fight the fact that performers are not independent contractors. At the time it seemed like a logical explanation to me (and everyone else) because that’s the reason Cal/OSHA was involved. If we weren’t “employees” they could never regulate the way they wanted to, but we are employees and they can regulate, but not to the extreme measures that they want. Anyways, this what I had to say over a year ago…..

Written June 10, 2011 5:16am.

*Yesterday I attend the Cal/OSHA Advisory Committee Meeting on barrier control protocol in the Adult Industry. Now if any of you have been following this story in the news you should know what’s going on. But, for those that don’t here’s a short briefing; Cal/OSHA came up with a 17 page draft of proper barrier controls, definitions, and procedures for the Adult Industry. Mind you, barrier controls have been in place since the early 90s but due to recent events and formal complaints from the AHF they’re stepping up enforcements and trying to make new regulations.

Why does Cal/OSHA get to regulate what happens on a porn set like they can a hospital or construction site? Because apparently all adult performers are consider “employees” and all production companies “employers”. We’re consider “employees” because of the state’s definition of what an employee/employer is. Regardless, if performers are incorporated within themselves, pay taxes as a self employed person or business owner, or the fact that most performers work with multiple companies. You need to understand that if we were considered independent contractors, as many of us consider ourselves, they would have no control over what we do on a porn set. All they have is the states definition of what an employee/employer is.

There’s so much more that goes with that but that’s not what I want to discuss. Because honestly, even with the states definition of an “employee” I still believe they are in violation of our 1st Amendment right to free speech/expression.

Let’s start from the very beginning-

  • Our 1st Amendment to the United States Constitution is part of the Bill of Rights. The amendment prohibits the making of any law “respecting an establishment of religion”, impeding the free exercise of religion, infringing on the freedom of speech, infringing on the freedom of the press, interfering with the right to peaceably assemble or prohibiting the petitioning for a governmental redress of grievances.
  • Pornography fits under freedom of speech and freedom of expression. It clearly states that it includes sexual expression.
  • The state of California defines hardcore pornography as; Hardcore pornography commonly includes explicit depictions of sex acts such as vaginal or anal penetration, cunnilingus, fellatio and ejaculation and/or extreme fetish acts.
  • The Supreme Court ruling in California VS Freeman in 1989 legalized pornography. (With the states definition of what pornography)
  • Our 1st Amendment also states that: “federal and lower government may not apply “prior restraint” to expression with certain exceptions such as national security and obscenity.”
  • It is not obscene to show genitals in sexual acts. We have the Miller VS California Supreme Court ruling (The Miller Test) to prove that the majority of what we do is not obscene.
  • Prior restraint or prior censorship is censorship in which certain material may not be published or communicated, rather than not prohibiting publication but making the publisher answerable for what is made known. Prior restraint prevents the censored material from being heard or distributed at all; other measures provide sanctions only after the offending material has been communicated, such as suits for slander or libel.

So if Cal/OSHA is forcing us to use any and all types of barrier protection, how is that not censoring us from being able to fully express ourselves sexually? Also, how is wearing barriers not forcing us to produce and distribute fraudulent products? Can it also be said that they are in violation of the Due Process Clause of our 14th Amendment? And of our Universal Human Right Laws? Considering that everyone in Adult Industry that was at the meeting got shut down anytime we brought up valid disputes or ideas against/for their proposal, I would say yes. They were unfair, unrealistic, and have absolutely no idea about how our industry works and they don’t care.

My thoughts; I don’t care if Im consider an employee or not. I know that my 1st Amendment right gives me the right to sexually express myself, in the legal state definition of pornography. By forcing me to use barriers they are violating my rights by censoring me and not allowing me fully express myself in the way that I want to. And by not allowing me and other industry members to have any say with what we can do with our own bodies, sexual expressions, our income, and our livelihood, is denying us Due Process.

I got everything from Wikipedia. So, if I can spend a few hours online doing some research and can find all of this, why is Cal/OSHA (and we’ll even throw in the AHF) still so hell bent on ‘protecting’ our industry? Well to me and many other industry members, they are being discriminatory against our industry for what we do. With the law clearly stating we’re in our legal rights how are they not?*

To me it’s not about having to wear or not wear condoms, it’s about having the right to choose what we think is best for OUR bodies, OUR expression, OUR livelihood. Yes, I believe that everything needs to be regulated to a certain extent, I think that there needs to more rules set into place (like requiring everyone to get the proper vaccinations if applicable), I think there needs to be more education about STIs (EVERYWHERE), but trying to force and control something upon anyone the way the AHF is trying to impose on the government to do to the Adult Industry is just plain Un-American to me.

The Bryan Callen Podcast Posted

I was fortunate enough to be a guest on The Bryan Callen Show. You might know him as “Eddie” the wedding chapel owner from The Hangover or “Samir” in The Hangover II. Bryan is a very funny guy and if you ever have a chance to see his stand up show do not miss it. I really enjoyed doing this podcast and I hope he has me back on the show soon. Personal note and how it really is a small world -We are both alums of The American University in Washington D.C. and were both studying there at the same time but didn’t know each other.

I am proud to say we made the Top 5 of What’s Hot and the Top 10 Overall of Comedy Podcasts when it hit iTunes !

Listen to it by visiting Bryan’s website or download it on iTunes…

The Bryan Callen Show – Mike Fattorosi #11 (I even forgive him for butchering my last name LOL)