The Safer Sex law in Calf

[stickyvicky]

I thought this was a really nicely worded letter to the LA times by our friend Eric John. I wonder if they will print it? I wanted to share it with you guys.

Dear Mr. Ng, and also Mr. Skelton and Mr. Myers-

Good evening.

My name is Eric John, I have been a performer, producer/director, photographer, and company owner in the adult industry in Los Angeles since 2004. (Prior to that I was an executive at the Boeing Company, and my degree is a BS and half an MS from MIT in Aeronautical & Astonautical Engineering.)

I am writing in regards to “Porn industry poised for L.A. return”. The comments I have also relate to an article by Mr. Skelton prior to the election where he was considering a No vote on Prop 60. I previous wrote regarding Mr. Myers voter summary on the Propositions.

I am active in both the Adult Performer Advocacy Committee (APAC) as a performer and the Free Speech Coalition (FSC) as a company owner. I have cc’d several members of both organizations on this email.

First, Mr. Ng, thank you for a generally positive and generally non-biased and non-stigmatized article. It is always good to see the industry get coverage similar to any other legal industry. One does dream of the day when the “film industry” in Los Angeles includes the ENTIRE film industry, both mainstream and adult, equally in all articles; nonetheless, all coverage of the nature of your article is a step in the right direction.

The biggest issue with regards to truthfulness and facts has to do with this section:

“The porn industry wants to be treated as a normal business industry, “ said Dawn Hawkins, executive director of the National Center on Sexual Exploitation. “But they aren’t taking care of the people working for them. They’re pushing lies that they’re taking care of these performers when we hear again and again they are being used and abused.”

Hawkins and others note that the risks are real. In 2010, Derrick Burts, a porn actor, announced that he had contracted HIV, a rare act of public disclosure that sent waves of fear through the industry. In recent months, Burts has been a vocal supporter of Proposition 60, filming PSAs in favor of the proposition.

Most seriously, this section, and a similar section in Mr. Skelton’s earlier piece, perpetuates a flat-out falsehood that has been propagated knowingly by both Mr. Burts and Mr. Weinstein of AHF. Specifically, Mr. Burts did NOT get HIV from porn or on set. This is not a theory, it is a fact.

The testing program which the industry has established identified when Mr. Burts was exposed to HIV, and industry-wide production was voluntarily and immediately shut down until all performers that had contact with Mr. Burts on set were tested multiple times. (For further safety, anyone in contact with the people Mr. Burts was in contact with, and so on, also were tested.) Not only did no other performer that Mr. Burks worked with test positive, the entire performer pool was retested prior to anyone returning to work.

It is therefore IMPOSSIBLE that Mr. Burts contracted HIV while on set, as NO ONE he worked with has it. Period.

Mr. Burts contracted HIV from a “civilian” (as we term non-industry people). Civilians are the danger to US, the performer population. Civilians are the untested, uncontrolled population - and we rightfully fear exposure to people OUTSIDE the industry.

The last case of on set exposure to HIV was all the way back in 2004 - an incredible safety record given the number of potential exposures daily. It proves the industry-designed and industry-implemented testing program and protocols work.

Mr. Burts and Mr. Weinstein both know these facts yet intentionally and maliciously allow it to be ambiguous so that a lay-person reading about it assumes that Mr. Burts contracted HIV on set or in any way related to the fact that he was in porn. This is both unethical and a heinously calculated move to push the agenda of Mr. Weinstein.

Which certainly isn’t about performer safety - which is why myself and the vast majority of my fellow performers have spoken up clearly and coherently against his efforts.

Ms. Hawkins, who I haven’t had the pleasure of meeting, is clearly not spending any time around the great people at the companies I work for or the performers that I know - because “we hear again and again they are being used and abused” - NO. We barely ever hear that except from some disgruntled former industry members who usually have a bad time in the industry due to their own personal problems, often related to their own substance abuse issues - which the industry is absolutely against. No one in the industry wants people working who have substance abuse problems, any more than Hollywood wanted Robert Downey Jr. when he was having his. It’s bad business and bad humanity.

The industry is by and large composed of very professional companies and very professional performers. Especially the Los Angeles-based centralized portion of the industry, which can effectively and easily do a large amount of self-regulation due to colocation.

Lastly, though the main problem with Prop 60 was not, as you pointed out, condoms per se, I want to address some misconceptions about condoms. This is a topic I am very familiar with, because since one of those “sporadic” OSHA enforcements in 2013, my company uses condoms.

The vast majority of female performers absolutely can’t stand using them. This stems from something that “civilians” don’t consider when imagining condom use in porn. Porn sex is professional-level athletic ability in the same way that NBA basketball is different than shooting around in your yard. It’s longer, it’s more complicated, it’s a show not just a private activity, ….. it’s completely non-comparable. Condoms were not designed for this environment, they were designed to protect “civilians” in normal (short) sexual encounters. When used for long periods, they cause often cause vaginal dryness and vaginal tearing, counter-intuitively causing more risk, more discomfort, and in fact, sometimes making it difficult for female performers to work several days or scenes in a row, affecting their income.

The ultimate answer to OSHA 5193 is that the professional industry should have a tailored appropriate plan reflective that it’s professional performers in a professional environment for entertainment purposes - much in the same way we allow boxing, the NFL, Cirque de Soleil, and any number of activities by trained professional athletes and performers for entertainment purposes in an appropriate environment.

Porn performers are professional performers working in a professional environment in a legal business that is good for Los Angeles and California.

Please consider these points, and at the very least, make absolutely sure that the facts are truthful when discussing the very serious claim that HIV was transmitted on a set in the industry. Which is has NOT been since 2004.

Newspapers are threatened in these times and the jobs of reporters like you are even more important to our society. As your “fake news” editorial referenced, things presented as facts that are in fact NOT facts is a growing problem as the media diversifies.

Let’s make sure the Los Angeles times ensures that facts are facts.

I would be pleased to discuss these topics and any others with any of you at any time.

Very best regards-
Eric John

Eric John
CEO, Erotique Entertainment Inc.
EricJohn@ErotiqueEntertainment.com

Even if they don't print it, please give him props on his letter, well done!

[catalina2]

"half an MS from MIT"?? lol, other than that, an excellent letter, most especially the emphasis on "Newspapers are threatened in these times and the jobs of reporters like you are even more important to our society. As your “fake news” editorial referenced, things presented as facts that are in fact NOT facts is a growing problem as the media diversifies."

[Anthony_JK]

For the record, here's Mr. Ng's article for the LA Times:

http://www.latimes.com/business/hollywo ... story.html

AFAIK, Eric John's comment letter hasn't been published yet...but still looking.

Interesting that Dawn Hawkins would sneak herself into this: At one time, she was the head of a group called Porn Harms which attempted to revive obscenity laws in order to censor porn. One of her most infamous episodes was when she attempted to publically confront someone on her plane who was watching Asian bondage porn on his cellphone during her flight; that turned into a failed crusade to banish porn from commercial aircraft WiFi networks. Looks like she'll be making sort of a comeback if there is a revival of the War on Porn under the new Trump administration.

[rokkerr]

Jeez... the folks in California are still part of a modern day witch hunt...
The County of Los Angeles now trying to impose a $1600 fee for permits (to be paid bi-annually)

... I am not sure the fee to film is so bad (even though it's way too much for a lot of performers)
But ''outting'' people who get a permit seems draconian to me... just another way of getting a handy list of people who shoot adult material in my opinion...

http://www.xbiz.com/news/222480/measure ... es-forward

[George B]

Jeez... the folks in California are still part of a modern day witch hunt...
The County of Los Angeles now trying to impose a $1600 fee for permits (to be paid bi-annually)

... I am not sure the fee to film is so bad (even though it's way too much for a lot of performers)
But ''outting'' people who get a permit seems draconian to me... just another way of getting a handy list of people who shoot adult material in my opinion...

http://www.xbiz.com/news/222480/measure ... es-forward

Did you see the crowd that showed up this morning? Looks like Weinstein&Co paid a bunch of day laborers, gave them all free T-shirts and filled the courtroom. When asked about their stance RE: Measure B some of them responded they didn't even know what it was, they're just there for the free gift cards.

more info from Janice Griffith who attended https://twitter.com/thejanicexxx

And it looks like they're moving forward with the bi-annual fee, https://www.xbiz.com/news/222480/measur ... es-forward

[stickyvicky]

I heard they all responded to a craigs list ad? $50?

[George B]

I heard they all responded to a craigs list ad? $50?

yep, helping force people out of their livelihood for a $50 gift card.

The thing that got me was some of these people recognized a few of the stars and complimented them on their work...fucking pathetic.

[WalterB]

If I was on some sort of board trying to decide an issue, and all these people walked in wearing the same shirt, my first question would be, "Who are all these people and where did they get those shirts?" Once that question was answered, I would vote the measure down. Looks like the Los Angeles Board of Supervisors got paid off. And the fact that this happened, and that "the Board of Supervisors did not take in consideration their testimony at today’s hearing," pretty much seals the deal.

[ZachTank]

So, is that it?

Is Porn as a viable independent Business over?

Does this mean that the government controls everything you do, even your own Bodies inside and out?

What about condom allergies? What about all the other expenses Porn entails?

Does this mean Big Brother is finally absolute?

[Rpierce56]

I have been reading as much as possible about this since watching the meeting this morning. What I found is that this was passed solely due to the fact that they may have felt they had no other alternative. It is also an ordinance that has to be enforced by the county health dept, not the police. Since the measure was enacted the county has spent almost no money to enforce the issue and as I feel probably will not now. This is a law that is almost unable to be enforced by anyone. In a ruling by the federal court the judge ruled that they would need a warrant to gain access to a set, and do that they would need some sort of evidence to show that a violation of the order. Now take into consideration that a cam model is in her own home most times how in the world would they even know where they were broadcasting from. It is an ignorant law solely based on the views of a very people. Together they will overcome this as well.

[catalina2]

what the contributors to this thread seem to be conveniently avoiding is that this is fundamentally a democrat movement. It's premise is to move the porn industry out of the state and raise revenue. Many production companies have already said "enough" and moved to Vegas. This is a money grab from those least able to afford it. As for needing a "warrant", all it takes is ONE person to notify the department of health/OSHA and the warrant will be issued. The medical community has suffered under OSHA and the dept of health for years re PPE (personal protective equipment) and OSHA mandates for education on hepatitis and AIDS under penalty of massive fines. We are well aware of the "good intentions" of the democrats in this democrat dominated state. No republican Ever supported taxes and fines on legitimate businesses like the adult industry.

[WalterB]

Where did you get your information that this a "Democrat" movement, Catalina? I did a search and, of all the links I have read, I have yet to find the word "Democrat" anywhere.

[catalina2]

please review this thread. the essence of the board's goal are consistent with the goal of prop 60. you Do recall prop 60?

[catalina2]

fyi http://www.laweekly.com/news/las-bigges ... re-7575242

[Rpierce56]

I would respectfully disagree with you that this a party specific type of agenda. This is one man, and one organization that deems itself to be that last word in all things relating to the adult industry even though they have no direct link to the industry. I affirm the fact that the county will do little to enforce this ordnance for the simple fact that it is not cost effective to do so. It looks good on paper to have this to "protect the poor performers" for the evil producers, but in reality it is like making a law against spitting on the street and then trying to enforce it. Obtaining a warrant is not as easy as you may think. I worked in Law Enforcement and I really needed to have direct evidence to obtain one, and with all the other inspections the health dept has to do on daily basis this will more than likely not be on the top of the list. Even one of their own people pleaded that he had hoped they would start to enforce it. The fact of the matter is this is nothing more than one man and one organization getting involved in something that has nothing to do with them and not talking to those it affects.

[WalterB]

Well, I wrote a pretty decent (my opinion) reply to your decidedly smart-alec response, Catalina (yes, I have read Prop60, the entire proposition.) But I have read enough of your postings on this forum to realize that I will not change your thinking, and I have no desire to get into any kind of argument with you. My comment stands.

[catalina2]

well, yes, of course, the entire Los Angeles County Board of Supervisors are republican

[Anthony_JK]

From my Indy Left perspective, most of the establishment Democrats in California (and elsewhere) would fit very well in the Republican Party were it not for the latter having moved so far to the Right into the crazy abyss off Trumpster-Bannion Cliff.

But, Prop 60 and Measure B isn't about party politics; it's about one particular special interest group (namely, the AIDS Healthcare Foundation) and their attempt to buy politicians to impose their "safer sex through condoms" agenda and seize control over the porn industry so that they can use it as a "model" for free condom advertising and promotion. I believe that the industry was so busy fighting the CalOSHA regulations and heady about defeating Proposition 60 last year that they didn't notice AHF retooling themselves for this particular fight.

Now, I seriously hope that FSC can launch a new initiative to repeal Measure B, or at least a new lawsuit against it.

[Anthony_JK]

I have been reading as much as possible about this since watching the meeting this morning. What I found is that this was passed solely due to the fact that they may have felt they had no other alternative. It is also an ordinance that has to be enforced by the county health dept, not the police. Since the measure was enacted the county has spent almost no money to enforce the issue and as I feel probably will not now. This is a law that is almost unable to be enforced by anyone. In a ruling by the federal court the judge ruled that they would need a warrant to gain access to a set, and do that they would need some sort of evidence to show that a violation of the order. Now take into consideration that a cam model is in her own home most times how in the world would they even know where they were broadcasting from. It is an ignorant law solely based on the views of a very people. Together they will overcome this as well.

The real fun of this will come when AHF coaxes LA County officials to drop a warrant on some poor cam girl taping a sex scene with her boyfriend in her home.

Also, if LA County sheriff officials won't enforce the law, and there aren't enough permitted shoots to effectively pay the cost for enforcing this law, just how in the hell does AHF intend to enforce it? Through their own funds?

[catalina2]

Ok, Anthony, so you're "indy left" and feel the dems in the state would assimilate well in the republican party "if it hadn't moved so much to the right" [sic]. So apparently you feel the likes of Boxer, Pelosi and (that mental case) Waters are not "left" enough for you. That would place you nicely within the Bernie (bullshit) Sanders crowd not to mention the ironically fascistic "antifa" psychotics/anarchists. The dems may have been compelled to accept the law, as you stipulate, but that doesn't absolve them of the responsibility for facilitating it. As for the likelihood of enforcement, that's not really the point is it!? The fact the law is on the books is enough to deter most sane production companies from placing themselves in risk's way. As for me I am an "indy" right having left the republican party which is now approaching the democrats in depth of deviousness and backstabbing. I am what's called a "Trumpian". I chided Vicky over a year ago about underestimating this man. What he will accomplish during his eight years will destroy the left and restore this nation to it's rightful status as a nation above all others in wealth, power and freedom. I also assured Vicky, the adult industry has nothing to fear from a Trump administration and, as I also assured her, Sessions will be occupied with the prosecution of Clinton and the rest of the Obama administration cronies, thieves and liars. As for Pence, the left had better back off from their cretinous cries for impeachment. Pence will be their worst nightmare. At this point he is harmless and has little influence on policy. The left is so blinded by such a visceral hatred of Trump they are unable to envision the catastrophe they will bring upon themselves should Pence get any where near the presidency. The left is incapable of comprehending they were beaten badly, that victory was snatched when supposedly in their grasp, that defeat was theirs, that all the assurances they had received evaporated with the election of President Donald J. Trump. They cling to the notion that "she won the popular vote". Aside from their ignorance of the fact we are a representative republic and NOT a democracy, there is serious doubt as to whether even That claim is valid (irrelevant that it is).