September 1, 2015 | The Biz
Californians may soon be empowered to sue porn models who perform in bareback scenes. The ballot initiative is part of the AIDS Healthcare Foundation's push to force condom use in all porn productions, by any means necessary.
In 2016, people will be voting on a law to mandate condom use on the set of adult productions in the state. A similar law was passed in 2012 in LA County; however, the state-wide legislation would be a lot stronger and would allow individuals to sue over condomless scenes.
Michael Weinstein, president of the AIDS Healthcare Foundation (AHF), said
the intended goal was to “[enable] whistleblowers and private citizens to enforce the Act when the state fails to do so.”
“This bill puts performers at the mercy of any citizen, including those who misjudge and scorn the adult film industry,” argued porn star Chanel Preston, president of the Adult Performer Advocacy Committee. “Any person or group with an anti-porn agenda, anyone with a personal issue with a specific performer, or an overly zealous fan could use this power as a means to attack performers in the industry.”
In most cases, it would be a studio that would be sued (with a quarter of any fines levied against the studio going to the plaintiff, who may also be able to recoup court fees). Depending on how the law is written, though, models could be named in the lawsuit and face massive fines. As well, models and amateurs who create their own material also face legal action if the scenes are raw.
“All I have to do as a private citizen is see a performer not using a condom in a video, and I get to haul them into court,” the Free Speech Coalition’s
Mike Stabile explained. “It opens up the door for stalkers, anti-porn activists, moral zealots and conservative family members to harass performers with legal impunity.”
Weinstein always claims to be pushing for stronger workplace laws in the adult industry in order to protect the health of models. Based on this punitive ballot initiative, it would seem that the overall well-being of models is the least of his concerns.