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Moratorium Update - September 9, 2013

As promised, we are sending out updates as soon as information is available.


First, I would like to address the rumors of a fourth performer testing positive for HIV.  None of the testing facilities, nor the doctors associated with the facilities, have any results of a fourth performer testing positive.  This information came from AHF who is currently trying to push regulation on the industry and has, on many occasions, reported false information to the media to advance their political agenda. Just last month AHF started a media frenzy and industry scare over false information of a positive syphilis result claiming an “outbreak” when in reality no performers were positive for syphilis.  It is extremely likely that this situation is more posturing for AHF’s political agenda. Again, we have no evidence of a fourth performer testing positive for HIV.


As far as the partner identification for the third performer is concerned, all first generation partners have been identified and have retested.  Results for all of the performers but one are back and all results are negative.  The final result will be back tomorrow.  The doctors associated with our testing facilities will teleconference tomorrow to discuss the results and next steps concerning performer testing and the moratorium.


Finally, to address some additional rumors, the doctors have confirmed that the third performer did not work with Ms Bay or Mr. Daily, nor did the performer work on a Kink set.


We will continue to provide updates as we receive additional information.  Thank you so much for your patience and cooperation.


Diane Duke, CEO

Free Speech Coalition


AB 332 Dies in Appropriations Committee


The California Assembly Appropriations Committee today voted to stop Assembly Bill 332 from moving forward, effectively quashing any hopes for statewide mandated barrier protection use in adult film productions in California.

“We are grateful that lawmakers have chosen the best interest of California’s taxpayers and the adult industry over AB 332’s misguided legislation,” Free Speech Coalition (FSC) CEO Diane Duke said. “The adult industry creates a tremendous amount of revenue and jobs for California. We have effective, successful standards in place to protect performers. This ridiculous bill was a solution without a problem.”

The action comes after a years-long campaign waged by AIDS Healthcare Foundation to mandate condom use on adult productions in California. Adult industry companies, performers and professionals stood in strong opposition to AHF’s attempts to move the condom agenda forward. Currently, a local ordinance – the Los Angeles Safer Sex for Adult Productions, known as Measure B – is being challenged in federal court.

“We support choice for performers, as well as the successful testing system that has been in place since 1998, which have resulted in no on-set transmissions of HIV in nine years, nationwide” Duke added. “It is encouraging to see that legislators recognize the hard work that the adult industry has done to safeguard performers and that our hard work will not be lost to an unnecessary bureaucracy created from unnecessary legislation.”

FSC has spearheaded opposition to AB 332, Measure B and continues to oppose legislation that threatens the well-being of adult industry businesses and professionals. FSC also upholds industry-appropriate self-regulation that includes regular, frequent STD testing for performers.

As the adult industry trade association, FSC has published an industry “Code of Ethics,” as well as “The Adult Industry Health & Safety Manual.” For more information about FSC, opposition to mandated condom laws or business resources, contact This e-mail address is being protected from spambots. You need JavaScript enabled to view it .


AB 332 Stalls After Appropriations Committee Meeting

This week in Sacramento, proposed “condom” legislation Assembly Bill 332 was presented to members of the House Appropriations Committee. Sponsor of the bill Assembly Member Isadore Hall III (D-Compton) waived his opportunity to speak on the legislation and AB 332 was sent to suspense file by the committee. Free Speech Coalition is pleased that AB 332 legislation has not moved forward today out of committee.

Representing adult industry opposition to AB 332, labor attorney Karen Tynan stood ready to deliver a statement to the legislators, focusing on the financial pitfalls of the regulatory scheme. Tynan also hoped to speak to the process already started with state regulatory agency Cal/OSHA, to establish industry-appropriate regulations for adult film productions.

“My testimony was meant to explain and emphasize the incredible waste of taxpayer money that will result if AB332 is enacted,” Tynan said. “Cal/OSHA has a process where they have stakeholder meetings and attempt to create feasible regulations. We are still in that process with the draft regulations pending revisions. AB332 demands that the state legislature throw out all that work and start over with the AHF plan.”

Testimony would have also outlined the potentially enormous costs to taxpayers if AB 332 is passed, not only administrative costs, but also in a significant loss of jobs and revenue for counties in California as adult producers are pushed to other areas for production locations.

“Committee members with adult entertainment businesses in their districts should be reminded that these businesses create jobs, pay taxes, and should have a voice in this process,” Tynan added. founder and FSC Board Member Peter Acworth also attended this morning’s meeting with a contingent of performers and industry professionals. Acworth also had prepared a statement, but left the meeting without delivering testimony.

“We got here at 5:30am and spent most of the day,” Acworth said. “But we’re happy the bill has been put in suspension. I hope this is the end of the bill. I remain a strong advocate for performer testing and the database system.”

Representatives from AIDS Healthcare Foundation (AHF) and other AB 332 supporters were apparently not in attendance at this morning’s meeting.


FSC Provides Information on L.A. County ‘Safer Sex’ Ordinance Permitting Requirement Letter to Adult Producers

CANOGA PARK, Calif. – In response to a letter sent out by L.A. County to some adult producers and directors on December 17th concerning the “Safer Sex in the Adult Film Industry Act,” the Free Speech Coalition wishes to provide information to aid in decisions concerning shooting in L.A. County.

First and foremost, all adult businesses should consult with their attorneys as far as where to shoot, permitting procedures, the interpretation of the law, as well as the civil and criminal risks involved. FSC cannot provide legal advice. Only a lawyer familiar with your company’s circumstances can advise you how to reduce risk of liability.  What is good advice for one company could be disastrous for another.

The letter states that the ordinance pertains to the unincorporated cities in L.A. County and cities that have adopted “Title 39.” That is an error by the Department of Public Health; the correct code section is Title 11.39.

For unincorporated areas in L.A. County go to these listings of unincorporated areas in Los Angeles County.  It is up to adult businesses to track cities that have adopted Title 11.39 — there are 88 incorporated cities in L.A. County, listed here Vernon, Long Beach and Pasadena have their own Public Health Departments and do not contract with the County. It may be that those cities will not be enforcing Measure B. FSC will try to undertake this analysis, but it will take time and staffing which we do not currently have.

Film LA (the entity that grants onsite permits for filming) has been asked to provide L.A. County with information about adult companies that apply for a permit. The County plans to provide Film LA with a list of adult companies on which to report. Therefore, when an adult company applies for an on-site permit from Film LA for filming in L.A. County, the County will be notified about the shoot. L.A. County can inspect shoots at will without giving prior notice. A permit from Film LA will NOT mean compliance to the County’s permit requirements and the County will be notified about the time and place of adult filming for those who obtain a Film LA permit.

The letter sent by L.A. County is the County’s interpretation of the law and it is possible that the law could be interpreted even more strictly by the courts. Also the ordinance allows for private citizens and entities — like AIDS Healthcare Foundation — to file civil complaints concerning ordinance compliance.

A legal challenge to the ordinance by the adult industry is forthcoming and we will keep you notified about the litigation and issues pertinent to adult filming in L.A. County.


APHSS Announces Protocol Revisions and the Opening of Vegas STD Testing Clinics

CANOGA PARK, Calif. – Adult Production Health & Safety Services ( APHSS announced two changes in its program today—the first a change in protocol and the second the addition of a testing center in Las Vegas.

Beginning immediately, APHSS will no longer require two Trep-sure tests for performers new to the industry.  Moving forward, the Trep-sure syphilis test will just be part of the regular panel for everyone in the APHSS program. 

“The double Trep-sure was required after some performers tested positive for syphilis in August to ensure that syphilis within the industry was contained and to protect performers from contracting syphilis from new performers coming in to the industry, “ said Diane Duke Free Speech Coalition CEO.  “After discussing result trends with APHSS physicians, it was determined that two tests for new performers are no longer necessary.”  APHSS participants and providers have been notified and the changes in protocol are effective immediately.

Additionally, APHSS announced the opening of new performer testing facilities in Las Vegas, NV—STD Testing Clinics.  There are two locations in Las Vegas - The southeast location is at 500 E. Windmill Ln, #115, and the northwest location is at 2051 N. Rainbow Blvd, #100.

“The facilities and physicians at STD Testing Clinics are top notch,” Duke explained.  “They are committed to providing quality service to our performers at a competitive price.  We want to make sure performers have a broad range of choices for testing, and STD Testing Clinics is an excellent option.”  For more information about STD Testing Clinics see their website at

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