The opinions contained herein are those of the author alone and do not necessarily represent the official positions of APAG.
It may seem like a good idea in theory, but it creates a condom dictatorship that is run by the proponent, Michael Weinstein. He can only be voted out by the legislature, but the position of ‘Porn Czar’ will continue to exist. It overrules Cal/OSHA AND the state Attorney General (which incidentally will take the heat off of Kamala Harris for prosecuting the Backpage case).
Because #itsnotaboutcondoms. It’s a #lawsuitlaw. It allows anyone in the state to sue producers, and today, that includes a lot of performers. It also gives them this standing, EVEN THOUGH THEY HAVE NOT SUFFERED ANY DAMAGES! What’s worse is that, of the fines, 75% goes to the proponent and 25% to the ‘whistleblower’. The judge in a skirmish over the wording of the official arguments referred to the law as a ‘lawsuit bonanza’.
And why? Because a few performers who contracted diseases from relations OUTSIDE OF THE INDUSTRY, and Weinstein’s AHF is trying to play it off as a worker safety issue. But how can he be concerned about our safety when being sued enters OUR PERSONAL INFORMATION into the PUBLIC RECORD?
Even worse, we are PRESUMED GUILTY if a condom cannot be seen in every frame – and here’s the rub – BECAUSE we’re presumed guilty, we now bear the financial burden of going to court to prove that condoms were used throughout the entire original, unedited recording – making it risky to even digitally render condoms out of shots or to even use ANY shot where one cannot immediately be identified.
The law can also be interpreted as giving this citizen power to sue if Cal/OSHA fails to act. But it doesn’t specify is that means that they declined to investigation or found no evidence of a violation.
IF THIS IS TL:DR – JUST READ BELOW THIS LINE
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The entire industry, nearly every major newspaper in the state, and ALL THREE major state parties: Dems, Reeps, and Libs oppose the measure. And when was the last time that THAT happened?