Thursday, June 21, 2012

Porn Panic 2012, Supplemental: APHSS/FSC/Cutting Edge Testing Blink First, Abandons Abbot HIV Test

Already, we are seeing the first signs of a breakthrough in the Great Porn Testing War.

Remember that battle between the Free Speech Coalition/their APHSS protocols/Cutting Edge Testing and Shy Love/ATMLA/LATATA over which tests would be most effective in diagnosing HIV??

If you will recall, CET and APHSS had been promoting a dual regimen of testing using two new tests: the Aptima HIV1-RNA Qualitative Assay which is a diagnosis test, and the Abbot RealTime HIV 1 Assay which is more of a viral load test that focuses on the level of infective antibodies in a person's bloodstream.

CET had been using the older PCR-RNA tests as well as Abbot, and until Manwin ponied up with the funds to purchase them a new "machine" to perform the Aptima tests, it was only TTS whom had provided Aptima. Manwin's "gift", however, evened the score, and it strengthened the efforts of APHSS to allow both tests as used for a more comprehensive testing regime.

The problem was that Abbot is not yet sanctioned by the FDA as a standalone HIV test due to concerns about its accuracy, and the fact that it along with Aptima, of whom no one in the industry opposed, were equally favored did raise some concerns amongst agents.

Well, today CET and APHSS threw in the needle, so to speak. From XBiz.com:

APHSS to Only Accept Aptima HIV Test

 CANOGA PARK, Calif. — APHSS.org today said that starting Aug. 31 it will accept only the Aptima HIV-1RNA Qualitative Assay test for monthly performer screening.

The move comes after dialogue with industry members who have expressed concerns over the “off-label” use of the Abbott RealTime HIV 1 Assay HIV PCR test, said the APHSS, formally known as Adult Production Health & Safety organization.

"Though recommended to APHSS.org by experts for screening purposes, the Abbott test is not FDA-approved for diagnosis of acute (early) HIV infection," the organization said in a statement.

Producers approached FSC Executive Director Diane Duke with concerns over the off-label use of the Abbott test, leading to a decision to accept only the FDA-approved test.

“In our research as to the best test for the industry there were expert doctors and pathologists that preferred the Abbot test which is why we kept it on the list,” Duke said. “But we heard from producers and performers that they would prefer only the Aptima test. All of the experts we spoke with said that both tests were appropriate, so Aptima it is.”

The Aptima test, a "qualitative" one that looks for the HIV virus itself and reveals a prognosis of either infected or not infected, is FDA-approved for early diagnosis of HIV infection. It also has a 9-11 day “window period,” which shortens the time of accurate diagnosis, compared to a 14-day window for PCR-DNA tests previously used by APHSS.org and the Adult Industry Medical Healthcare (AIM) clinic.

The Aptima test is a "qualitative" one that looks for the HIV virus itself and reveals a prognosis of either infected or not infected.

The APHSS program was developed to fill the void left by the AIM clinic closure. APHSS upholds industry self-regulation of performer testing and carries on with the protocols developed by the AIM clinic for handling of any STI exposure incidents that may occur on adult sets.

APHSS said that includes responsibility for protocols in the event of an HIV exposure, as well as any needed production moratoriums.

The Aptima vs. Abbott debate reached its pinnacle last week after a producers meeting was called to discuss the issues between the two performer tests.

Some two dozen adult entertainment executives and others, along with three officials from Gen-Probe, makers of the Aptima "machine," gathered at Penthouse in an event coordinated by Shy Love to discuss why the Aptima is the far-superior choice for the porn biz.
 The main advantage of Abbot was that it could also be used to test for viral loads of other STI's like gonorrhea, chlamydia, and Hepatitis B and C. The Aptima test only applies to HIV.

Whether or not this begins the process of bridging the gap between the two factions, we can only wait and see....and hope.

Porn Panic 2012, The Series Rolls On: Shy Love Proves She Has Some Nukes, Too: Dissolves ATMLA, Rejoins LATATA, Who Then Gives APHSS The Boot

It just got real.  Again.

Yesterday, Shoe #1 dropped when Shy Love announced that she was dissolving her porn talent agency group, Adult Talent Management-Los Angeles (ATM), and rejoining the larger collective of talent agencies, The Licensed Adult Talent Agents Trade Association (LATATA), which comprises the majority of adult trade agencies.

I had initially wondered what that was all about, since Love was the leader of the sternest critics of the moves of the Free Speech Coalition and Manwin, the conglomerate of porn production companies, to consolidate performer testing through their Adult Performer Health and Safety Services (APHSS), and in particular Cutting Edge Testing (CET), the company which was formed by former associates of Adult Industry Medical (AIM) Foundation after the latter was driven out of business by attacks by the AIDS Healthcare Foundation (AHF) in pursuit of their goal of imposing mandatory condom usage by porn performers.

Love and her agency had previously favored a rival testing org, Talent Testing Services (TTS), which had became the go-to agency for testing in the breach between the closing of AIM and the founding of CET.

Problem was, CET had not only the backing of FSC/APHSS, but then got some serious reinforcement when Manwin announced their plans to strengthen and redefine testing protocols across the board...and promptly threw their weight behind CET not only by instituting the APHSS protocols, but endorsing CET as the exclusive source of testing for their shoots.

This is because the APHSS protocols do not currently allow TTS as an APHSS-certified agency, due to some disputes over testing procedures between FSC and TTS...and some other past .

Mostly, over the "outbreak" of last year, in which a performer was originally first tested positive for HIV, then later cleared when the original test turned out to be a false positive due to supplemental testing done by FSC/APHSS. It turned out that the initial testing was done by another agency, but TTS was involved in the follow up that resulted in some confusion over the exact status of the performer...and it wasn't until APHSS intervened with their own tests that the matter was cleared up.

In the minds of FSC/APHSS, this proved that only consolidation of testing to one company with stringent standards across the board would prevent future clusterfucks..and that probably explains why they supported the development of Cutting Edge as the gold standard of testing.

Problem is on that, though?? Many performers and agents were quite happy with Talent Testing, and they feared that FSC/APHSS was attempting to reestablish an monopoly on testing and limit competition and testing..and the actions of Manwin only deepened their fears.

And apparently, Shy's won the rest of the agents over to her view, too...because cue The Other Shoe Dropping...or maybe it should be, The Other Boot Kicking (via AdultFYI):


LATATA Withdraws Support from APHSS Over TTS Issue
Los Angeles, CA– The Licensed Adult Talent Agents Trade Association (LATATA) announces its formal withdrawal of support from APHSS, the subsidiary organization set up by the FSC - (Free Speech Coalition).

APHSS was initiated after the closure of AIM, as a mechanism through which to administrate testing for performers in the adult industry. LATATA believes APHSS position in refusing to allow Talent Testing Service (TTS) to become a member of APHSS to be a grievously wrong one.

LATATA's position is that TTS has provided the industry with reliable and good service for many years and LATATA's hope is that may continue. Many in the industry will recall that during the time that AIM Health Care was providing testing services to the industry, Talent Testing Service was providing this service concurrently alongside them. Performers enjoyed their ability to choose which facility they wished to have provide them the industries required medical testing.

At the time of AIM’s forced closure, after pressure and interference from AIDS Health Care Foundation (AHF), TTS was, for a period of time, the only available testing facility to the adult industry, and the industry was immensely grateful to have TTS available as an alternate for AIM at that time. Without them, one can only wonder where performers would have turned for their testing requirements.

LATATA firmly believes that it is imperative that the industry never again, allow itself to be in such a position where its testing needs are serviced and provided by only one testing facility, and therefore, inclusion of both testing facilities that currently service the industry - Talent Testing Service (TTS) and Cutting Edge Testing (CET) - are necessary in any program that purports to provide assistance and or a framework for performers’ testing needs and related matters.

Despite formidable effort from members of LATATA to bridge the gaps and mediate differences between APHSS and TTS, such efforts have not been successful. Absent APHSS admitting TTS to the organization, it is LATATA’s position that it can no longer support APHSS itself, and announces its withdrawal of support and participation in APHSS. LATATA continues to support TTS’ continued service to the industry and the performers within it.

LATATA also wishes to make clear that withdrawing its support for and participation in, the APHSS program, in no way alters or changes its continued support and gratitude for The Free Speech Coalition itself and the work that it does to benefit all within the adult entertainment industry.

As of June 2012, LATATA members are comprised of the following agencies: LA Direct Models, Spiegler Girls, Foxxx Modeling, Type 9 Models and ATMLA.
There have been two reasons given by APHSS as to why TTS wasn't originally allowed into the APHSS orbit: 1) The lack of an accredited doctor at their testing facilities to verify the validity and accuracy of their tests; and 2) the fear that TTS would report any initial "reactive" or "positive" HIV test to the LA County Department of Public Health, which is required by law, before actually verifying the test with followup testing....which would, in FSC/APHSS's mind, cause not only a protracted shutdown of production, but would also give more fuel to AHF and their condom mandate campaign. AHF already has passed a mandate law in the city of Los Angeles (not being enforced currently pending the LA City Council approving guidelines on enforcement, as well as inevitable lawsuits); and an initiative for instituting the mandate across Los Angeles County is now on the ballot for September.  That fear was reinforced due to the 2009 "panic" involving a positive HIV test of a performer that turned out not to have been infected while shooting; because AIM had been summoned by LACDPH to release to them private records of performers as part of the latter's investigation. A local judge ultimately squashed that effort, citing the federal HIPPA act protecting medical records privacy.

TTS's response has been that the requirement for a doctor can be fulfilled through the performer's private doctor or other authority verifying the test, and that they are bound by California state law to reveal positive/"reactive" tests anyway. They have also questioned the security of the database that is used by APHSS, fearing that someone could breach it and reveal performer's private information, just as was done to Desi Foxx during the bad old days of the original Porn Wikileaks. Mostly, though, they see the alliance of Manwin and FSC/APHSS/CET as not-so-thinly-veiled pressure to crowd out TTS and reimpose a one-company monopoly on testing..and they also fear Manwin's history of buying every porn outlet in sight and also promoting free filesharing -- what others see as a perilous permissiveness towards "piracy" that is draining legitimate performers dry.

You could say that this announcement by the now reunited LATATA is their way of saying to Manwin/FSC/APHSS: "Not. So. Fucking. FAST. Buddies. You may have the bank, but we have some tricks ourselves...let's resolve this, and in a hurry."

There is going to be a grand meeting of agents, performers, and other bigwigs coming up this weekend rehashing the entire brohaha over performer testing. After today, it just got just a bit more interesting. As in...a lot.

UPDATE:..XBiz.com now has a story up at their site on the bustout of LATATA from APHSS, and also adds this initial statement of reaction from FSC:

"The Free Speech Coalition welcomes the opportunity to have Talent Testing Services (TTS) as part of our APHSS program. FSC and TTS have come together on some issues but differ on the necessity of initial physician involvement in ordering the test and the provision of results. In the unfortunate case that a performer may test positive for Chlamydia or Gonorrhea, FSC believes that it is important for a performer to be able to get immediate treatment when he or she receives his or her test results. And if a performer tests positive for HIV, FSC believes it is crucial to get that information from a physician.

"FSC supports having a broad range of providers. To date, APHSS participants include 1 clinic (St James) in San Francisco, 2 clinics (Vegas STD Testing) in Las Vegas, 1 clinic (Cutting Edge Testing) in Sherman Oaks, Calif., and Advanced Medical Testing Center (AMTC) with physicians in every state and 4,000 locations nationwide.

"We encourage a continued dialogue with TTS and believe that ultimately, the health and well-being of our performers is everyone’s priority."
Initial attempts at getting TTS into the system were rebuffed by TTS over those very issues. Let's see if this latest sortie of bombs clears heads enough to settle this.

i[Now crossposted over at The Real Porn Wikileaks]

Wednesday, June 13, 2012

Porn Panic 2012: Oh, Great: Just What The Doctor Ordered..Disunity!! The Great Testing War

Never let it be said that an industry as dysfunctional as the adult film industry can't find new and different ways to bite their own hands.

It's bad enough dealing with Michael Weinstein and CalOSHA and the condom mandate, but now there is an emerging dustup over modern testing standards that threatens to blow the entire industry standard to smittereens.

Basically, the issue is a war of words between two testing agencies: Talent Testing Services TTS), and Cutting Edge Testing (CET). The former has been one of the primary testing services for porn performers since the demise of the Adult Industry Medical (AIM) Foundation; the latter was formed directly out of the ruins of AIM itself. The latter also happens to have one big advantage: it's backed by the Free Speech Coalition, the main lobbying group for the adult industry, via its main protocol agency, the Adult Production Health and Safety Services (APHSS), which essentially rebooted AIM's old protocols and database and upgraded it for the present.

You will recall last year in the latest HIV porn scare where a performer was found to have been tested positive for HIV, only to find that the series of tests turned out to be a false positive due to contamination of the original sample. You will also recall that the performer had used TTS as his backup test after he was first found to be "reactive", then he switched over to another clinic that was backed by APHSS, which verified the false positive. That raised some barbs from some, since TTS had opted not to be a part of APHSS, citing both costs and "performer choice". Also, FSC had noted that their protocols required any testing agency to have an in-house doctor on staff to verify the accuracy of their testing, which TTS didn't have. It was soon after that episode that Cutting Edge Testing was born, offering updated tests with results as quickly as 24 hours after the needle draws blood, and the latest and greatest testing procedures.

And about those tests?? Well, here is a description of them from the FSC website:

Second, APHSS accepts the Aptima HIV-1RNA Qualitative Assay and the Abbot RealTime HIV 1 Assay HIV PCR tests. After considerable research and contact with infectious disease specialists,pathologists and physicians, APHSS determined that these two tests best meet the needs of our performer population. Both tests have the 9 to 11day window. The Aptima test is sanctioned by the FDA for detection and diagnosis of HIV. The Abbot test is sanctioned by the FDA to determine the viral load of HIV–the amount of the HIV virus present. While the Aptima has been FDA approved for diagnostic, the Abbot test has been identified by experts as an excellent option for the industry because of the doctor’s ability to know the value of the viral load.  The purpose of the initial HIV test is to screen for the presence of HIV, not to diagnose. If a performer tests positive, an additional diagnostic test will then be administered–regardless of the initial test’s brand.
The controversy here is that the Abbot test is sanctioned only for viral loads, but not for diagnosis of HIV (in that, it's similar to the old Western Blot test that was part of the old AIM regime of testing), while Aptima is more related to the old PCR-DNA tests. CET, being an APHSS-sanctioned facility, uses both tests; TTS only uses the Aptima test for their standard.

Nevertheless, for those who prefer TTS either because they personally prefer their facilities or they don't trust CET for its "monopoly" and its backing by the FSC/APHSS, it has become a burning issue with them..especially concerning what they perceive as a power play by FSC to make CET into the one and true gold standard of testing, and freeze out all others.

One particularly not-so-happy performer is Shy Love, who just so happens to be the owner and manager of the Adult Talent Managers - Los Angeles (ATMLA) talent agency, which manages the careers of well over a hundred active performers. She has been one of the more active antagonists against what she sees as CET's "monopoly", as well as what she percieves as the FSC/APHSS' drive to control and standardize performer testing, what she sees as nothing more than a shakedown by the FSC to raise money for their organization.

She is reinforced by other critics of the FSC, including director Nica Noelle and performer January Seraph, who originally questioned the security of the APHSS database when it was formulated last year, as well as former producer, now porn critic, Mike South, whom has been a long-time opponent of the FSC and their stewardship of the testing process.

Mark Kernes has a nice breakdown of the entire donnybrook over at AVN.com; here's how he summarized the debate between Love (backing TTS) and FSC/APHSS:

"Talent Testing Service's requirements were requested by [Free Speech executive director] Diane [Duke]," Love stated. "All requirements including doctors—they have a doctor on file. They said it's done. Diane had also requested that if someone came out positive, that there would be counseling done. TTS had agreed that if someone came out positive, with their new HIPAA paperwork that they had, they had the right to have that person converted over to the APHSS system, where they would provide the counseling. They said they had no problem; that was done. The last resource [sic] was, their APHSS system, to enter the data of positives/negatives into the system so APHSS could have it, TTS told them that they were breaking HIPAA laws and against the law because that actually puts the man in charge, so if there's an error, they're liable, but that there is a program that a programmer can put into the back of the system, which at the time Manwin has said that they are willing to pay for the programming and everything else so that that information can be put into the back of the database, and that requirement was met. So all three requirements that Diane had requested..."

However, when AVN's Roy Salter brought up the objection that there was no doctor at the TTS facility when the performer's blood was drawn, Love responded, "No, the doctor is available. The doctor's the one that writes the prescriptions. Diane's issue was, she wanted the doctors to be the ones to contact the patient if they came out HIV-positive, and by law, the doctor does not have to do that. They can actually have a licensed HIV specialist who is a counselor contact the patient directly to notify them of the circumstances, and if APHSS was going to be doing the counseling, at that point tell them to come in to retest, go to APHSS for counseling, which we fixed all that in two seconds."

Duke made the point, though, that in order to fulfill APHSS's protocols, testing would have to be ordered by a California-licensed physician, which TTS does not currently have. 

Moreover, TTS has previously stated that it would immediately report any positive HIV performer to the Los Angeles County Department of Public Health even before any confirmatory test had been done, which would likely result in the shutdown of the industry for as long as a month before even a false positive could be sorted out.
 Or, more likely, in the wake of the condom mandate law, a total seizure and takeover of the industry testing protocols by AHF and an imposition of the condom mandate..which would be far, far worse.

At any rate, the debate seemed to be reaching a stalemate.....that is, until The Gorrilla arrived and put his feet down.

That would be "The Gorilla" as in Manwin, the holding company that has essentially taken over porn production overnight via its holdings of sites like Brazzers, MoFos, Reality Kings, the Playboy collective, Digital Playground, and other sites/production companies. It was Manwin companies who got nearly singed in the last porn panic, since it was accused that Brazzers had allowed the "positive" tested performer to continue to shoot videos while his tests remained in limbo...a charge that was publically leveled by none other than Michael Weinstein of AHF during his attempt to milk it for the condom mandate campaign. And, it was APHSS who rescued Manwin out of the firepit by offering alternative testing that ultimately cleared both the performer and Manwin/Brazzers of any wrongdoing.

Naturally, such good deeds do not go unrewarded. And, when you are the King, you can really, really, really reward. Once again, AVN.com recites the tale:


Manwin Sets New Production Standards

LUXEMBOURG—Manwin has decided to set new best practices regulations for all performers and third party producers hired to create content for its websites.

In its proposal, Manwin supports the system put in place by the APHSS, while also moving beyond the standard industry practice of 30-day interval testing.

The APHSS has set forward a best practices guideline and system that allows performers, producers, and agents to create a controlled work environment.

It includes consistent standards and guidelines for testing and treatment of adult performers, a secure database that ensures performer privacy and protects producer liability, protocol for performer support in the event of a positive HIV test result - including testing of 1st and 2nd generation partners—as well as health and safety resources provided for producers and performers.

In other words..APHSS/FSC is Manwin's choice. Sorry, TTS, but...Scoreboard.

But that wasn't the real game changer in that announcement.  THIS was:

Following months of research, and meetings with various doctors and medical experts from the most respected universities and health institutions in North America, Manwin has decided to implement additional rules for anyone involved in producing content for its sites.

The company will require FDA-approved tests from the clinics listed on the APHSS.org website, specifically the HIV-1 Aptima RNA Qualitive Assay. In addition, the company will require 15-day interval testing for performers.

As of July 1, 2012, adult entertainers performing in scenes commissioned for websites belonging to Manwin will have to provide health tests that are no older than 15 days. Manwin will pay for all additional tests needed under these new rules, in case a performer works for any of the company's brands multiple times in a 30-day period.

Manwin expects producers, performers and agents to be in full compliance with these new regulations, and looks forward to working with the FSC in setting the highest possible standards for the industry.
To summarize, Manwin essentially revolutionized the art of performer testing, by narrowing the window of testing from 30 days to 15, and even backed it up with the option of footing the dime for any performer having to work for any of their sites in multiple scenes.

Oh, but that's not all, either, Clones. Some talk the walk, but it takes real money to back it up. Is this real enough for you??

Manwin Donates Gen Probe Aptima Machine to Cutting Edge

 LUXEMBOURG—Following its decision to enforce stricter health rules and guidelines for its producers and performers, Manwin has purchased the Gen Probe Aptima machine for Cutting Edge Testing.

This piece of equipment performs the Aptima RNA Qualitive Assay, the FDA approved test that Manwin requires as part of the new health standards and procedures from producers, performers and agents.

While researching its new guidelines, Manwin collaborated with various North American health experts and organizations. During this time period, Dr. Peter Miao became a great source of information and support. The renowned infectious disease expert, who was part of the original team of physicians that encountered HIV infections in 1981, oversees the Cutting Edge Testing center.

“Aptima testing by Gen Probe has been available for many years, and is approved by the FDA for the diagnosis of acute HIV infection," Dr. Miao said. "At Cutting Edge Testing, we are now transitioning to the Aptima test for screening of HIV [infections] very shortly."

Manwin is pleased to support Dr. Miao and Cutting Edge Testing.

“This demonstrates Manwin’s concern for the health and safety of all the performers and the industry as a whole,” says Dr. Miao. “By their generous gift, we now can move ahead and perform the Aptima test in the very near future.”

Manwin hopes that the donation will help Dr. Miao and his team continue their work in providing optimal health services to adult entertainment professionals, as well as the public at large.
Yeah. That pretty much settles the case of who Manwin trusts, doesn't it?

The basic reactions from the porn community to this can basically be reduced to two polar opposites: "Whoa!!! Manwin's bringing the porn industry together and finally fighting for performers!!!  KEWL!!!" and "Yeah, right...all Manwin's doing is taking everything over so that there will be nothing left for the rest of us!!!  BOOOOOOO!!!!" I guess that only time will tell who turns out to be right.

And as for Talent Testing Services...well, there is now a movement afoot to get them integrated into the APHSS orbit, so that they can get with the Manwin program, and possibly get themselves some of that green sunshine. (Remember, they already perform the Aptima test long before CET did.) Maybe that can defuse some of the flame throwing now going on.

And then again, there will be folk like Mike South who will dismiss the entire thing as a sideshow circus that detracts from what he considers to be the fundamental flaw with the entire system: the dependency on the databases and the possibility of another breach like what happened with AIM via the original Porn Wikileaks and Desi Foxx, the refusal to add testing for other STI's like HPV, herpes, and syphillis, and ultimately, the refusal to adjust to the new enforcement regime from AHF/LA County/CalOSHA that still may override their best efforts to avoid the condom mandate. Once again, time will either vindicate or crucify his analysis.

And of course, we'll follow everything as we always do here at BPPA. Because we can.

More analysis from Dr. Chauntelle at PVV here; and some from Lydia Lee (channelling Julie Meadows once again, happy to announce) here (also check her podcast here, too).


Update: Uh-oh....seems like Manwin might have spoken just a bit too soon. From the latest post by Sean Tompkins over at The Real Porn Wikileaks:


Manwin is forcing people to test at a certain place as a condition of them getting hired. Manwin insists that all talent pay for the test themselves unless booked more then twice in same 30 day period.. This is a clear violation of LC Section 222.5

No person shall withhold or deduct from the compensation ofany employee, or require any prospective employee or applicant foremployment to pay, any fee for, or cost of, any pre-employmentmedical or physical examination taken as a condition of employment,nor shall any person withhold or deduct from the compensation of anyemployee, or require any employee to pay any fee for, or costs of,medical or physical examinations required by any law or regulation offederal, state or local governments or agencies thereof.

20120613-231620.jpg

Now I’m not a lawyer and I’ve never played one on tv so I could be wrong.

Now, this would get into the debate over whether a porn performer really is an employee or an "independent contractor"; not to mention the fact that California law expressively forbids using HIV status as a condition for denying employment.
There's also been a genuine Twitter debate going on now between Charity Bangs, a performer who is signed with Talent Testing and has raised serious issues about the "monopoly" practices of Cutting Edge Testing and its alliance with FSC/APHSS and now Manwin; Michael Fattorosi (aka "Pornlaw", who has offered some prime legal opinion on the entire episode), and Keiran Lee, Brazzers' main "stud" performer, whom has also raised some astute questions.  




Thursday, May 24, 2012

Porn Panic 2012: AHF Gets Their Sigs For Their LA County Condom Mandate Initiative; And LA City Council Punts City Mandate To Another Committee

Two developments today in The Great Condom Mandate War, and both of them not so good for the good guys.

First off: Michael Fattorosi has just tweeted at his @Pornlaw Twitter stream that AHF has now announced that they now has achieved enough signatures to have their condom mandate initiative sent to the voters of that county later this year.

And now, it has been confirmed by LAWeekly as well:


The AIDS Healthcare Foundation will turn in signatures tomorrow in its bid to put mandatory condom use for the area porn industry before L.A. county voters, AHF chief Michael Weinstein told the Weekly.

The group has more than 300,000 signatures, more than 30 boxes worth, that it will haul to the Los Angeles County Registrar-Recorder's office in Norwalk Friday morning, said another AHF official.

That means ...

... that you will likely be voting on the matter in November, because the group only needs about 232,153 valid, registered voters to sign on: The Registrar-Recorder still needs to validate the signatures and approve the measure for ballot placement.
The other news actually happened yesterday, when the LA City Council basically decided what they were going to do to enforce their new condom mandate law after the Adult Working Group committee which was supposed to draft new rules of enforcement tapped out without any resolution.

Their solution: kick it to another committee, this one featuring their own!!

The story from the Free Speech Coalition website:
CANOGA PARK, Calif. – Free Speech Coalition (FSC) was notified today by the L.A. City Administrator’s Office that the L.A. City Council has referred development of enforcement strategy for the city condom ordinance to the Arts, Parks, Health & Aging Committee.

Until recently, the development of an implementation and enforcement strategy had been charged to the City Administrator-appointed Working Group on the City of Los Angeles Safer Sex in the Adult Film Industry Ordinance. At the last meeting of the working group on May 11, the group postponed submitting the results of a report that would have recommended protocols for enforcing condom use on adult productions.

A few days later, it was widely reported that the working group had requested a 90-day extension of presenting the results of the report.

It is unclear why the issue has been referred to the Arts, Parks, Health & Aging Committee. That committee is made up of three L.A. City Council members, including Councilmen Richard Alarcon (7th District), Tom LaBonge (4th District) and Ed P. Reyes (1st District).

I'd say that it's because the council doesn't trust anyone else to voluntary enforce the law, so they want to railroad the process through.

It does mean that there probably will be that 90-day delay in implementation until the new committee reaches a consensus.

That previously mentioned LA Weekly article also noted that Weinstein had said that contrary to other reports, he would not seek a Request For Proposal (RFP) for AHF to bid for becoming the enforcers of the law, rather allowing the committee to resolve the issue. That probably means the committee will browbeat the LA Vice department and FilmLA to do the dirty bidding of being the "condom police". Weinstein also said that he would be willing to accept a 90-day delay; which conflicts with the POV of his legal counsel, Mark McGrath, who wasn't too happy of the "stonewalling" at the meeting today.

The bottom line remains the same: the battle isn't over; it's only just begun. The lawsuits are about to hit the fan the way Hurricane Katrina hit the Ninth Ward levees. Buckle up, Clones.


Tuesday, May 22, 2012

Porn Panic 2012: Mark Kernes Of AVN Sheds New Light On How The LA "Condom Nazis" Now More Resemble "Keystone Kops" In Pushing Condom Mandate Law

Some new info has now been discovered on the now delayed process of the city of Los Angeles to enforce their new condom mandate law, which was supposed to be in full effect by now, but is now in limbo due to...well, I'll just let Mark Kernes from Adult Video News Online tell the story.

City Administrative Officer Asks For More Time on Condom Regs

After all, they've only had about four months to figure out that the new ordinance is completely unworkable

LOS ANGELES—In a letter issued Wednesday, LA City Administrative Officer (CAO) Miguel Santana has asked the City Council to give his "Working Group on the Safer Sex in the Adult Film Industry Ordinance" an extra 90 days—on top of the 120 days they've already had—to figure out how to implement and enforce the mandatory condom ordinance which AIDS Healthcare Foundation (AHF) first tried (at great expense) to put on the June 5 city ballot, and then urged members of the City Council to enact preemptively as city law.

The CAO had been scheduled to deliver its final report to the Council on May 16, though at the Working Group meeting of May 11, it was announced that the report was not ready, and that another meeting was to be scheduled the following week. However, that meeting never took place.

As Santana's letter to Mayor Antonia Villaraigosa and the City Council notes, the Working Group has held three meetings, the first of which was not attended by anyone from the adult industry due to the failure of the City Administrative Officer's office to properly advertise it. The second meeting lasted just over half an hour, one third of which was devoted to comments from the attendees, and third meeting (which likewise was not given proper notification) took just 20 minutes, half of which were devoted to speakers from the audience.

Of course, it's likely that some of the CAO office's time outside the meetings was devoted to figuring out how to make the ordinance work, but however much that was, it apparently wasn't enough. Apparently, one of the main problems to be solved, aside from the "complexities of this issue," is figuring out who will perform the inspections—or as the letter puts it, "the need to further address the implementation matters"—that the ordinance requires of adult movie sets, and it was clear at the second Working Group meeting that neither the Los Angeles Police Department, Fire Department, Personnel Department, the LA County Department of Public Health, CalOSHA nor the permit-issuing agency FilmLA wanted the job, which led AHF's representative at the meeting, Mark Roy McGrath, to suggest that the CAO might want to issue an RFP (Request for Proposal) to the public in order to find some group both willing and capable of performing the task... which critics of the law have long suggested might be AIDS Healthcare itself.

In any case, with no resolution to that problem on the horizon, Santana recommended "That the Council, subject to the approval of the Mayor, authorize a 90 day extension for the Working Group to Report to Council on the City's ability to implement and enforce the Safer Sex in The Adult Film Industry Ordinance."

To read Santana's entire letter, click here.
 The most interesting point that Kernes makes is that not even the LAPD's Vice Department is so keen to enforcing this law...even though it was them whom launched the "raid" on Dan Leal's Immoral Productions the night before the third meeting, promptly citing him for a lack of a proper permit.

Actually, the most interesting point is not that, but the offer of AHF to have the CAO do a RFP to outsource enforcement of the law to another group -- namely, AHF or some sockpuppet group, I suppose. Remember that AHF had already agreed to foot the bill for all legal challenges to the law (and rest assured, there will be a plenty of legal challenges). Would they be so willing to invest more of their own money to allow for enforcement?

Or, would they rely solely on the money gained by requiring anyone with a camcorder and a commercial website to buy a permit before they could even shoot a camshow? (Not just major porn companies, Clones....ANYONE running an adult website out of their house who tapes themselves engaging in real sex would be liable to either buy a permit or face harsh fines or even jail.)

And, keep also in mind that California is pretty damn broke right about now, with budget cuts coming down the line that will more than force cutting at the local level as well.

Bottom line is this: would AHF be willing to put its money where Mike Weinstein's big foot is lodged and risk their other enterprises in order to fund their own personal Condom Police Unit? Or...will Weinstein simply double up his thrift stores with more bareback gay porn to sell to make up the difference, or squeeze more AIDS Walks funds...or even more shakedown lawsuits to get more cash??

Curioser and curiouser, sayeth Alice. And I ain't talking Sunny Lane's Alice, either.  Stay tuned....the fun may just be starting.


UPDATE:  Well, The Free Speech Coalition just tweeted this in response to a tweet I did about AHF's fund raising efforts:


AHF's annual budget is $187M - they're good at getting funding; other HIV orgs call them the "Walmart" of HIV orgs


for enforcement staffing ;-) Does Weinstein want to be the porn czar?
 Yeah....Michael Weinstein as "Porn Czar". With Monica Foster and Shelley Lubben as his aides. And Gail Dines as Chief Policy Advisor. That's not very scary.

Friday, May 18, 2012

Porn Panic 2012 Continues: From Inevitable Tsunami To Spring Shower: LA Condom Mandate Committee Asks For 90 Day Extension Due To "Complexities"

You know, Clones, momentum is a strange thing. One day you have it like you think you will move the world on your little finger; the next morning, it slips though your hands.

I'm sure that before this morning, the folks over at the AIDS Healthcare Foundation were feeling mighty good about themselves, since they had browbeaten the LA City Council into passing their condom mandate law, and were just theeeees close to getting the hammer they needed to smash the LA porn industry into submission.

Problem was, reality got in the way of their mission...and now they will have to defer their celebration for an indefinite spell. At least, for 90 more days.

Today was supposed to be the day that the advisory committee setting the rules for enforcing the condom mandate law would issue their final report regarding the details of how they were going to enforce said law. The report was a prerequisite of the 120-day grace period between the passage of the law in January and the supposed enforcement of the law, which was scheduled to take hold on June 1st.

Unfortunately, like I said, reality got in the way.  Well, that, and the heavyweights of the porn industry finally getting together to fight the law.

First, the news that the final meeting of the "Adult Film Industry Working Group" was canned and delayed until further notice, via XBiz.com:


L.A. Porn-Condom Panel Postpones Meeting

 LOS ANGELES — The Adult Film Industry Working Group's fourth and final meeting slated for this week has been postponed.

The panel has been charged with crafting policies to implement Los Angeles' porn-condom ordinance and planned to schedule a final meeting sometime this week before they release findings in a report to City Council.

But Los Angeles city analyst Eva Bitar told XBIZ that the meeting has been postponed for this week and that no new date has been set for next week.

City officials last week said they were hoping to release findings to City Council by May 23 in accordance with a 120-day rule when ordinances must be enacted after approved by City Council and the mayor.

The porn-condom ordinance was passed by City Council in January while a ballot-initiative effort by the AIDS Healthcare Foundation was in full swing; council members decided for the ordinance after weighing legal and ballot-initiative costs.

The ordinance currently isn't being enforced in the city, but later this month the ordinance could be put in effect.   

At the last meeting on Friday at City Hall, the 11 working group members heard public comments from Immoral Productions' Dan Leal, Free Speech Coalition Executive Director Diane Duke and adult industry attorneys Michael Fattorosi and Allan Gelbard, as well as the AIDS Healthcare Foundation's Mark Roy McGrath.
Now, keep in mind that this process was supposed to be completed TODAY, with a final report sent to the full LA City Council by May 23rd -- that would be this coming MONDAY, Clones -- so that they could rubberstamp their final approval and officially begin the process of blowing the LA porn industry to bits....errrrrrrrrrrrr, improving protection for porn performers.

It's looking more and more like that's just not going to happen now, so what the "Working Group" will send to the Council at its scheduled meeting on Wednesday will not be "Damn the torpedoes, full speed ahead!!" but rather "Give us a bit more time, and we will get this done.  Maybe. Probably. Hopefully." Again, from XBiz:

 L.A. Condom Panel Asks for 90 Days, Cites 'Complexities'
 LOS ANGELES — The city administrative officer has asked for a 90-day extension to report back to City Council and Mayor Antonio Villaraigosa over rules implementing the new condom ordinance targeting adult performers.


The request, made in a memo obtained by XBIZ, cited "complexities of this issue" and asks the City Council and mayor to give the Adult Film Industry Working Group additional time needed to complete the report.


The request effectively puts enforcement of the ordinance, which makes condoms mandatory for performers at on-location adult film productions within city limits, on hold until at least late summer.


The Adult Film Industry Working Group has met three times already to craft policies to implement the ordinance; the panel, composing of city, county and state officials, had planned to schedule a final meeting sometime this week before reporting to City Council, but that meeting ended up postponed.


The panel had been pressured to create a master plan for the ordinance within 120 days of the law being passed by City Council and signed by the mayor. The condom ordinance was passed by City Council in mid January after threats of litigations from the AIDS Healthcare Foundation, which was successful in getting a ballot initiative pushed through.


In recent weeks the Adult Film Industry Working Group panel has heard from a contingent of vocal adult entertainment industry officials who say the ordinance is faulty and unneeded.


Two weeks ago, Free Speech Coalition Executive Director Diane Duke and FSC Board Chair Jeffrey Douglas met separately with the city administrative officer, Miguel Santana, and his staff to discuss specific complications inherent to the ordinance's  implementation and enforcement.


And last week's meeting at City Hall produced a strong turnout for the adult entertainment biz and included public comments from Immoral Productions' Dan Leal, Duke and adult industry attorneys Michael Fattorosi and Allan Gelbard.


Gelbard, who spelled out problematic legal consequences associated with the ordinance at the meeting, told XBIZ today that the 90-day extension may give the panel more time to logically think things through.


"Perhaps, if they take a more thorough look at the constitutional issues involved in attempting enforcement, they will realize what a mistake passing this ordinance truly was," Gelbard said.


"I would hope the working group advises the city that the chance of this ordinance surviving a legal challenge is all but nonexistent, and that the city — in this time of fiscal uncertainty — can ill afford the cost of defending this clearly unconstitutional statute in court, not to mention the significant additional financial exposure of having to pay an attorneys fees award when it is finally struck down."


Fattorossi told XBIZ that because of the industry's comments and analysis at the meetings, the working group is now well aware of problems that enforcement of the law will place on the city's services.


"The act is unconstitutional and it is encouraging to see the city finally recognizing how it is fatally flawed," he said. "It was apparent from my attendance at the meetings that the members of the working group had not considered how far reaching and overly broad the act is.


"I have a feeling they may need even more than 90 days."
XBiz has also posted a copy of the Working Group's official request for an extension, you can read it here. (Warning, PDF document requiring Adobe Reader)

This coming Wednesday's LA City Council meeting just got a lot more interesting.

I'm sure that Mike Weinstein and Brian Chase are going to be mad enough to be spitting bricks and chewing nails (and I don't mean fingernails), and they are going to have some real choice words to the council. And, I'm doubly sure that they will also have their Request For Proposal paperwork in their hands, screaming that if the LA City Council won't do its duty and choke the XXX industry to death with their condoms and dental dams, then perhaps they should simply outsource the job to those who will...namely, AHF and their allies. How that will fly in the wake of the expected wave of budget cutting due to the state of California being too broke and in debt, we'll just have to see.

Considering that AHF has already agreed to foot the bill for any and all legal costs for defending the law, you can probably understand their zeal.

This isn't to say that LA porn purveyors should declare victory and get out by any means.....there's still Cal-OSHA and their proposed "barrier protection" regulations that not only could supersede any actions by the LA City Council, but could be imposed statewide. Not to mention, nationwide, since the federal branch of OSHA has their own interest in this. (Those are the ones, remember, that would impose "barrier protections" -- meaning condoms for men and dental dams for women, and possibly even gloves, goggles, and other personal protection devices -- for any act of penetrative sex (oral, anal, or vaginal).) Plus, one should never underestimate the ability of AHF to simply throw tons of money to bribe their favored politicians into compliance.

This battle is far from over, and will be a marathon fight to the finish. Even past 90 days.

Wednesday, May 16, 2012

Why AHF Might Want To Consider Putting Gail Dines On Their Payroll: The War On AIM And....JM Productions???

[Updated...scroll to bottom.]

There are some who still think that the AIDS Healthcare Foundation is sincere in their motives about protecting performers through their condom mandate.

And then, there are the rest of us, who see them for what they are: a backdoor antiporn censorship group who hides behind a rainbow just to get paid.

More proof of the latter??

Gene Ross over at AdultFYI just posted a reprint of an email that AHF chief counsel Brian Chase sent to AHF President Michael Weinstein on April of 2010, in which Chase describes what he imagines to be the best media strategy to get the Adult Industry Medical (AIM) Foundation out of business. You will remember, of course, that AIM was ultimately driven out of business in 2011 due to the concerted efforts of AHF's nusiance lawsuits, the Los Angeles County Department of Public Health's investigations, and the newly found requirement of a permit for non-profit organizations.

But at the time of Chase's email to Weinstein, the effort was just starting, and ideas for a media campaign to smear AIM for its alleged lax attitudes towards the alleged HIV/STI pandemic affecting the industry were only being fleshed.

So, what in particular did Chase have in mind for ambushing AIM?? How about linking them to a particularly gruesome "misogynous" porn site, like, say, JM Productions??

Keep in mind, also, that right about this time, AHF was already attempting to wax AIM through the lawsuit filed by Diana Grandmaison (you may know her better as the mom portion of the mother-daughter team of "Desi and Elli Foxx"), claiming neglect by AIM for the public release of her personal medical records to one of Donny Long's (he of the original PornWikileaks fame) message boards.

Apparently, though, that wasn't enough for Chase, who.....ahh, hell; I'll just let the email speak for itself.

On April 16, 2010, Brian Chase the assistant general counsel for Aids Healthcare Foundation emailed Michael Weinstein. AHF was looking for various ways to discredit AIM and the porn industry. Chase [pictured left] wanted to use Diana Grandmaison aka Desi Foxx [center] as a puppet in their production. But Chase also wanted to go after Jeff Mike, the owner of JM productions.

Chase suggested that AHF begin targeting Mike because he was volatile and likely to same something dumb to the mainstream press.

"I don’t think it would confuse our press strategy to go after both AIM and porn companies," Chase writes Weinstein.

"I think it would have the opposite effect. If we make the suit it all about AIM, they can try to portray themselves as the little nonprofit clinic that’s just trying to keep the girls healthy. We know that’s a lie, but it is difficult to rebut in a sound byte.

"If we go after JM Productions at the same time we attack AIM, we link AIM to JM Productions. Suddenly they aren’t just an innocent clinic serving sex workers - they are scum who are enabling the horrible abuse of women - we can frame the issue and ramp up the ick factor exponentially.

"JM produces series like 'American Gokkun' where women swallow ejaculate from hundreds of men, and 'DP Virgins' where each actress has unprotected anal and vaginal double penetration," Chase continues.

"They also produce a series called 'gag factor' where women sometimes vomit because they can’t breathe while giving oral sex. They have a series featuring women being anally penetrated bareback while the man shoves the woman’s head in a toilet. Let AIM try to defend that.

"Check this out this quote from JM Productions’ website," Chase goes on to say.

"'Watch as faces turn blue from a lack of oxygen in this throat fucking masterpiece. Each whore is brutally throatfucked for your viewing pleasure. Every cock is forced down virgin throats balls deep, and ever cum shot must be swallowed.'"

"If we just sue AIM, then it’s all about privacy rights and medical records (yawn). If we go for both, we show that AIM is just another cog in the machine that brutally abuses these girls without any regard to their emotional or physical well-being.

"Plus the owner of JM Productions is a lunatic. He fought off an obscenity prosecution a few years back and he loves to shoot off his mouth. When the press goes for the industry’s side of the story, they will probably get some great soundbytes from this guy - which will cut into any efforts AIM makes to defend itself in the press.

"Sharon Mitchell will have some well-crafted soundbytes from the FSC, but the folks at JM Productions will just say whatever they want, which could be great for us."

Now, when reading this, keep in mind that this is the same Michael Weinstein who was selling bareback gay sex videos at his thrift stores, and who probably would have no problem at all making money off gay porn selling the same throat-gagging, "body punishing", "brutal" sex.

But what fascinates me the most is that for someone who claims to only want to protect the performers, AHF sure sounds like another well known antiporn feminist activist I've heard of; one who spouts pretty much the same BS in pretty much the same language.

Maybe at their next presser, for maximum boostage, Weinstein should have both Shelley Lubben and Gail Dines at his side to rail against the evil porn industry and how they are simply abusers and exploiters? It would be a hell of a lot more truthful than their paternalistic pandering to be all "concerned" about protecting women performers.

Not to mention, covering up for crossover HIV+ performers..but that's another story I'll leave for others to tell.


Update:  


Oh, but it just gets better...in a followup post at AdultFYI, Gene Ross reveals an earlier email sent by Brian Chase to Michael Weinstein, in which Chase attempts to recruit Diane Grandmasion (nee Desi Foxx) to the campaign against AIM.


Hey Michael,

Dee Grandmaison [Desi Foxx] is the former adult film actress who now works with the Florida Coalition Against Human Trafficking. She is the one who is willing to be a plaintiff against AIM.

We may also be able to help Dee sue her former employer directly. The California Private Attorney General law gives employees pretty broad power to sue for breached labor laws – and under some circumstances it allows a single employee to sue on behalf of other employees to recover huge fines (most of which end up being paid to the state).

Dee worked for JM Productions, which is a prolific studio that churns out very unsafe gonzo porn. The owner is a real scumbag and he is very outspoken. He would make a great villain. If we can go after JM we could highlight a very unsafe workplace, and possibly get some $$$ for the bankrupt state government.


Dee and her daughter worked with some of the talent agents we complained against yesterday. We might want to have them file complaints as well.
Can we fly Dee out here, or can I fly to Florida to visit her? I think we need to have a face-to-face meeting in the near future.


This is fascinating in so many ways.

First, how in the hell did Diane (get the name right, Mr. Chase!!) Grandmaison go from not only being a full-time in house escort (even going as far as recruiting her own daughter into hooking as well), to becoming a spokesperson for an anti-prostitution abolitionist group so quickly??

Secondly, the fact that she did some scenes with JM Productions means...what?? That they forced her to do those nasty scenes of bukkake and deep throating?? Other than the usual antiporn agitprop, exactly how would that be credible in a court of law..and what would AIM, who only tests performers for STD's, have anything to do with that?

But here's where it gets real good. This email was dated before it was discovered that Desi's medical records had been leaked to the public via the original PornWikileaks. Yet, AHF's counsel decided not to pursue any action against Donny Long or his gaggle of groups involved in the raid of AIM's database, but instead focused their laser beam stun guns exclusively on AIM, aiding Grandmaison's ultimate lawsuit against the latter for the release of her records. (Ultimately, the FBI would be called in to launch a more comprehensive investigation, the results of which remain unknown.)

Two conclusions are inevitable from this.  Either AIM is really that incompetent with their databases, or there was a mole working for AHF (or maybe Pink Cross) who was sneaking personal records to PWL for smearing purposes.

Could it be that Weinstein, Lubben, and PWL might have been working together in collusion to entrap AIM (and by extension, the industry), and Diane Grandmasion was simply the pawn in their scheme??

And of course, getting money for "our bankrupt state government".  Yeah...but not without our 20% cut. Nice to see Chase remembers the fundamentals: do good, and get paid.

Saturday, May 12, 2012

Porn Panic 2012: The "Weinstein-Lubben Model" Expanded To Homemade Webcammers; Plus, AHF Volunteers To Become The Official "Condom Nazis"

Just in case you thought that it couldn't get any worse, it gets much worse.

Mark Kernes has now posted at AVN.com his recounting of yesterday's meeting of the LA City Council committee involved in enforcing the condom mandate law, and it confirms two disturbing developments that I first mentioned on my update to my original post.

First off...there is this exchange that is documented between Immoral Productions chief "Porno Dan" Leal and  FilmLA VP Todd Lindren regarding the scope of the new law regarding personal webcamming.  Remember that Leal's company was paid a surprise visit by LAPD Vice the night before, and cited for not having a valid permit under the new law.

The first speaker was Immoral Productions owner Dan "Porno Dan" Leal, who informed the Group that one of his independent contractors had been given a citation by one of the eight members of LAPD's Vice Division who arrived at the location, for shooting a live webcam show without a permit. Leal explained that since the citation has been issued because the show, which was not yet under way when the police arrived, was being done for commercial profit or gain, he surmised that every webcam performer in the city would not be required to get a permit from FilmLA, and asked the FilmLA representatives if that was correct?

"It has been consistent that any commercial production, including webcasts, needs a permit," responded FilmLA's Lindgren.

"So any webcam show shot by anyone in the city of Los Angeles will now need a permit, is that correct?" Leal asked.

"Has always needed a permit, right," Lindgren corrected him.

"Ergo, any married couple shooting in their house, who's shooting a webcam show for profit or gain, which by definition would be every single person that shoots webcam, would now need a permit, is that correct?" Leal pressed.

"Under the city ordinance, if it's for commercial purpose, it needs a permit," Lindgren stated.

"And therefore, they would need condoms under the new regulation, is that correct, that logic?" Leal continued.

"We're in the process of developing that specific—and I can't answer that question," Lindgren responded.

At that point, Santana cut Leal off, stating that the comment period wasn't supposed to include a question-and-answer dialog with Group members, leaving Leal to finish by stating, "We will be happy to comply with whatever the city decides to do."
In other words, it isn't just about intimidating the big studios into wrapping up anymore; it's about forcing condoms on everyone who does any form of adult sexual media for profit.

Indeed, it isn't even about condoms, come to think of it...since the new law now extends the requirement of a permit to include even homemade adult webcamming -- and remember, the new Cal-OSHA regs could potentially require "barrier protection" (read, dental dams and gloves) for girl-girl and even solo scenes) as a means of "protection" -- that means that ANYONE who does an adult webcam in the city of LA is now liable to be required to apply for a permit, or face stiff fines and even jail time.

Now, whether or not the city has the means or the will to enforce this equally on all is a legitimate issue, but the fact remains that the city now has that hammer with which they can stomp anyone not meeting Mike Weinstein's or Cal-OSHA's rigid standards of "protection".

And then, there is the real issue with the collection of such information in the filing and handling of permits. What about the risk of a potential permitter having their information exposed and used as blackmail against them, or exploited by antiporn groups wanting to banish them "for the sake of the children"?? And, what about the very real threat of public exposure of private cammers as a means of shaming them, or outing them to their families?

Anyone who doesn't see the potential mass violation of basic privacy and sexual liberties inherent in this law is either dense or blind. But, hey, they're all just ignorant sluts, and this is for their own good and protection, so who cares??

Of course, the folks who put forth this law in the first place will always complain that even that is not enough, and will volunteer their services to drop the hammer down that much stronger. Witness the testimony of the only AHF representative at this meeting, Mark McGrath, as documented by Kernes:

AIDS Healthcare Foundation's (AHF) Mark Roy McGrath spoke next, and began by claiming that during the investigation of the  2010 Derrick Burts HIV infection, the LA County Department of Public Health had no problem identifying "all the production companies, all the secondary producers... in quick, short order," charging that those companies "continue to violate California law, they continue to act as outlaw entities, and we feel that... it's time that this industry act with legal responsibility and show a modicum of corporate citizenship."

McGrath claimed that the law "does not distinguish between content, but on acts," adding that, "they can create any content they want that's simulated. This law is specifically looking at infectious disease transmission and exposure." (Of course, most adult content fans won't buy simulated sex, but that's not something that worries McGrath.)

While noting that neither he nor AHF is "happy with the draft language," he asked, "How is it going to be logged? How are we going to conduct these investigations? If the fire department and police camn't do it, where are we going to do a Request for Proposal?"

Of course, several prominent adult industry members have suspected all along that part of the reason AHF got the new ordinance put on the books was to eventually offer its services to the city as the only official "condom inspectors," so it will be interesting to see which entities respond to McGrath's suggested RFP.
First off...I thought that the 2010 outbreak featuring Derrick Burts took place in Florida, right?? And that there was really no investigation by either FilmLA or Cal-OSHA, but from the LA County Department of Public Health, which AHF had already dismissed as "stonewalling" to begin with??  (And, dare I mention that even Burts admitted that he was infected in a shoot where condoms were already used??)

And of course, McGrath would say that it's only about acts and that if producers wanted to show authenticity, then they could always rely on simulated sex. Yeah, right...like everyone's going to move over to late night Showtime or Cinemax to get their fix of losing bareback sex.

But, it's the last sentence that is the most important: since AHF obviously doesn't trust the LA Vice squad to enforce their condom mandate the way they want, they wouldn't mind getting paid by the city to do the enforcement themselves.

WOW...outsourcing the enforcement of a public law to a private for-profit entity....that'll go well, and won't be abused. Like bloody hell, it won't. Ask the victims of the original Porn Wikileaks.

To put it simply, this is the Swedish Model for sex work applied to porn, shifted a tad, and then jacked up to heights unknown. Julie Bindel and Gail Dines would proudly support this...and I'm sure that Gail will give her blessings next chance she gets to post a CounterPunch essay. Only thing missing is the "Real Men Don't Buy Bareback Porn" ads and celeb endorsements.

Neoliberal antisex censorship. Just like right-wing fundamentalist antisex censorship....but neoliberal.

Seriously, we have GOT to fight this. To the fucking WALL.