The Free Speech Coalition is successfully working on a multitude of issues to protect the adult film and adult pleasure products industry. Censorship comes in many forms, and our most difficult battles today appear in the guise of regulation and market limitations — zoning restrictions and record-keeping regulations, piracy of both films and products, and of course what many think to be our only fight: anti-porn laws and inadequate Cal/OSHA regulation. But make no mistake: these are attacks on our right to free speech and liberty, and will fight and defeat them.
Issues to Take Action on
Zoning Laws Against Adult Pleasure Product Stores
Revised Age-Verification Rules Under Section 2257
18 U.S.C. § 2257 has as much to do with protecting children as Weinstein’s California Ballot Initiative, requiring the wearing of condoms, has to do with protecting adult performers.
The record-keeping law requires anyone who produces sexual imagery to maintain dossiers on the persons depicted and to create detailed indices for inspection by the government. It doesn’t matter that the person depicted is a 60 year old grandfather who has made scores of movies with the producer or is the producer’s middle-aged wife. Their IDs must be copied and their nicknames and the date of production must be recorded and kept with a copy of the expression. And everyone who incorporates that imagery in a production–a clip from a video posted on a website, a still from a movie on a box cover–must also maintain records and indices for that expression. What’s more, every sexually explicit image must bear a label identifying the address where the required records can be found.
When the FBI comes knocking on the producer’s door, as it did 29 times a number of years ago (the law authorizes unannounced warrantless searches and seizures), those records must be available and properly indexed. The producer has no choice but to let the agents into his or her studio, office, or home and to allow them to sift through the personal information contained in the records, for hours.
The stakes for failing to dot every “i” and cross every “t” in compliance with the byzantine regulations are high: a federal felony conviction with a prison term of up to five years. Compliance is also costly, in many cases requiring, as a practical matter, specialized software and almost always demanding careful and detailed legal consultations. That is why the Free Speech Coalition has a special pricing agreement for access to 2257 software for its members and will refer you to appropriate legal counsel, all the while we have been challenging the constitutionality of this law in federal court for the past six years. We currently await a ruling from the United States Court of Appeals for the Third Circuit on that challenge.
510k Regulations for Lubricants
Anti Adult Film Regulation And Legislation
The adult industry is facing the greatest threat to our survival since the 1980s. In recent years similar legislation proposals brought forward by former CA 64th District Assembly Member Isadore Hall (now CA 35th District Senator Isadore Hall) such as AB 640, AB 332, and AB 1576. This year we face two major attacks on the adult industry in California: Cal/OSHA regulations and a statewide Ballot Initiative.
We won against poorly written Cal/OSHA regulations:
Yes, we can win. On February 18th over 100 performers and industry workers showed up to plead with the Standards Board to vote against the proposed regulations and to not endanger the lives and livelihoods of industry workers. The Standards Board voted 3 in favor and 2 against, which resulted in the regulation being dismissed as 4 votes in favor were needed. A second motion sided with the industry and we are now in the process of building regulations that will support, protect, and serve our industry workers based on the successful self-regulations that have protected us for over a decade.
A few examples of what the AHF inspired regulation would have led to:
– Condoms required for all anal, vaginal and oral sex
– “Dental Dams” must be used for oral sex on a woman or rimming
– No facials can be shot unless goggles are worn
– Producers must keep performers medical records for thirty years
– Failure to comply can result in fines of up to $25K per violation, in addition to court costs
The California Ballot Initiative to be voted on in November 2016, on the statewide ballot, includes the following legislation:
– Appoints Michael Weinstein as state “porn czar”
– Mandate condoms for vaginal or anal sex
– Applies to cams, performer websites, clips and content trades as well as studios
– Allows private citizens to sue anyone who makes or sells adult film
– Requires performers to be taxed, treated as employees
– Producers must pay for all STI tests
– Agents, affiliates, retailers, websites crew member all liable for fines and lawsuits
And these are just some of the issues FSC works on to keep our industry safe. We were heard at Cal/OSHA and won, now it is time to make a stance against the Ballot Initiative and other issues in unity. When we come together we succeed, with and for each other.
What You Can Do To Help
Fighting legal battles at this level is expensive and takes a long time. Donate to help us helping you.
Become a Member
Not only will your dues help us afford the vital resources needed to fight these battles, the larger we are, the more effective we are. Legislators, regulators and the general public need to see that we’re united, and that we’re powerful.
Spread the Word
We depend on our members to help get out the word about dangerous regulations and laws. That means using your email lists, social media accounts, press contacts and business partners to help educate others in the industry and outside of it about the threats these laws and regulations represent.