All pornographic performers would be required to wear condoms during the filming of sexual intercourse shot anywhere in California, under a proposed initiative included on Nov. 8th’s ballot.
Proposition 60 would also make producers pay for performer vaccinations and medical testing, according to the proposition’s official summary.
This proposition is a statewide version of Measure B, which was approved in Los Angeles County in 2012. Prop 60, however, would give health officials in California tools of enforcement to make sure the industry follows the new law.
The initiative would also allow anyone in the state to sue the adult film industry, including the performers, distributors, producers or whoever is involved in the violation of the guidelines.
“Prop 60 is a workplace safety and public health protector measure which seeks to protect thousands in the adult film industry who are performers,” John Schwada, communications director for the Yes on Prop 60 campaign said.
“The campaign in favor is not anti-porn but it’s anti-unsafe porn,” Schwada said .
The coalition in favor is focused on the public health, he said and is largely supported by the Aids Healthcare Foundation, which has donated a little over $4,300,000, according to the California Fair Political Practice Commission.
“What happens in the studios doesn’t always stay in the studios,” Schwada said, stating that 1 out every 4 performer will have an STD at any given moment and are more likely to have chlamydia and gonorrhea than the general public, according to a 2014 UCLA study.
Wicked Pictures is one of the Vote No on Prop. 60 campaign’s largest donors with an estimated contribution of about $44,000, according to BallotPedia.
Based in the San Fernando Valley, the company is one of the largest adult film production companies and has mandated the use of condoms since 1999. Nonetheless, they oppose Prop 60 because the true “lawsuit potential” runs much deeper than many suspect, Daniel Metcalf, publicist for Wicked Pictures said.
“If passed, it could have devastating ramifications by allowing any California resident to sue adult performers and producers – and potentially collect damages – if condoms are not visible in every frame of a scene,” Metcalf said.
Prop 60 would also impose the same liability against anyone who has “aided and abetted” the production or distribution or anyone who makes money from the sale of an adult film, according to Metcalf.
“The California Democratic, Republican and Libertarian parties agree that the proposed measure has the potential to create an avalanche of lawsuits that could cost the state millions and have come out against the proposition,” Metcalf said. “We stand united with the parties and with many public health and civil-rights organizations, in our opposition to Proposition 60.”
However, Schwada emphasized that the measure’s purpose is to protect the performers and decrease negative perceptions he believes the films install on its consumers.
“The porn industry glorifies condom-less sex and that influences the sexual habits of viewers and that is troubling to the public health. Experts have expressed that these risky sexual habits that are displayed have an influence on young people,” Schwada said.
Andy Linares, a senior consumer affairs and Central American studies major, said the promoting of safe sex is good but does not agree with the measure.
“It’s a way to privatize their business, I feel whoever works in that field knows the risks and procedures that go into it,” Linares said. “I’m against it because many workers in that field are against it and many are safe and are successful business people.”
Besides the support of the California Democratic, Republican and Libertarian parties, the Vote No on Prop. 60 campaign also has the support of the AIDS Project Los Angeles and the L.A. LGBT Center. Publications like The Los Angeles Times, The Sacramento Bee, the San Francisco Chronicle and La Opinión have also expressed their disapproval for the measure.
Other members of the Yes on Prop 60 coalition include the American Sexual Health Association, the California State Association of Occupational Health Nurses, the Ventura County Board of Supervisors and publications like The Bakersfield Californian.
Correction* A quote stated, “The campaign in favor is not anti-porn but it’s anti-safe porn.” The correct quote is, “The campaign in favor is not anti-porn but it’s anti-unsafe porn.” The quote has been corrected.
