SACRAMENTO, Calif. – The California state senate’s Appropriations Committee on Thursday rejected a controversial bill that would have mandated adult performers statewide wear so-called barrier protection during explicit scenes. The committee’s action represented the third time Assemblyman Isadore Hall III, backed by Los Angeles-based AIDS Healthcare Foundation, attempted to run a condom mandate through the state legislature.
In addition to condom usage, AB 1576 would have imposed a new health-testing protocol and onerous recordkeeping, among other things. The committee determined the legislation — opposed by performers, producers, GLBT organizations and civil rights groups — would be too expensive to enact and enforce.
Diane Duke, head of adult industry trade association Free Speech Coalition, said the adult entertainment industry was pleased and heartened by the committee’s decision.
“We’re grateful to the members of the senate who saw this bill for what it was — a bald-faced attempt to exploit performers for political gain,” she said. “But the assault had an unintended consequence: It unified performers and producers in ways we haven’t seen in decades. Out of this grows a stronger industry, one not intimidated by harassment campaigns like AB 1576 and [Los Angeles County ordinance] Measure B.
“The battle is never over,” she added. “We must continue to work to make sure our workplaces are safe, that our performers have a strong voice in their sexual health and that we keep a thriving industry in California.”
Opponents of the bill warned legislators the proposed legislation, which was presented without input from adult industry performers or producers, would have the opposite of its intended effect, making sets less safe by pushing productions underground.
Nevertheless, Hall [D-Compton] vowed to try again.
“In a year where the legislature and I have focused heavily on protecting California’s film industry, it is unfortunate that some legislators don’t believe protection should include keeping California actors safe while they are at work,” Hall said Thursday. “While I am disappointed with today’s outcome, one thing is and has always been clear on this issue: Existing state and federal blood-borne pathogen laws already require the use of a condom or barrier device when producing an adult film anywhere in California and the United States. AB 1576 wouldn’t have changed existing law, but it would have helped increase industry compliance in protecting its workers.
“My commitment to protect the health and safety of California workers has only been strengthened by my work on this issue,” he added. “That commitment will continue through my legislative efforts in the years to come.”
AIDS Healthcare Foundation, which helped Hall author the bill, also vowed to ensure the same measure is introduced during the next legislative session.
“We will reintroduce the bill next year and are proud of the fact that we moved this legislation farther along in this session than any previous year,” AHF President Michael Weinstein said. “By way of comparison, it took over a decade to get a needle exchange bill passed on a statewide level, so we are prepared for a long haul, if that’s what it takes.”
