FSC: Calif. Porn-Condom Proposal Amounts to New 'Prohibition'

Jan 13, 2015 9:55 AM PST

LOS ANGELES — The Free Speech Coalition today denounced the AIDS Healthcare Foundation's proposed California ballot measure over mandatory condoms on the porn set and said that, if enacted, the act would likely amount to a new "Prohibition" for adult filmmaking.

AHF's statewide proposal not only would make condoms mandatory on the set, but it would require adult filmmakers to be licensed and subject them to additional record-keeping requirements beyond 18 U.S.C. § 2257.  

Text of the measure, titled "The California Safer Sex in the Adult Film Industry Act," was sent to the Attorney General's office last week for approval prior to a likely signature drive for a spot on the ballot.

FSC CEO Diane Duke's said that AHF's proposal, if voters approve it, would destroy the industry as most know it and drive existing producers underground.

"The act would result in an effective criminalization of the adult industry," Duke said this morning. "Under AHF’s proposed act, those involved in the manufacture of an adult film that did not comply would be personally liable for massive penalties for even minor infractions.

"The act would require adult film producers to be issued licenses by the government in order to produce, and would require performers to submit their personal medical records for state inspection. Talent agents would be punished for representing adult performers.  

"And, perhaps most dramatically, and in an acknowledgement that Measure B succeeded in driving the industry out of state, the act would effectively prohibit the sale and distribution of adult films produced without condoms inside California, even in private transactions. This is not regulation — this is Prohibition.         

"The act would destroy the industry as we know it, drive the existing producers underground, and eliminate hard-fought performer protections. This process has already begun to happen in the wake of AHF's misguided Measure B. Film permits dropped, productions moved out-of-state, and producers began shooting outside the industry’s widely praised testing system. That’s why, like AHF’s previous campaigns, we expect this will be vigorously opposed by performers.

"Performers should always have the right to use a condom, but AHF’s conservative morality should not be forced on them under penalty of law. Performer should have control over their bodies, not the government and certainly not Michael Weinstein."

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