The Facts
1) Prop 60 was written by Michael Weinstein, CEO of the LA Based AIDS Healthcare Foundation
2) It incentivizes any California resident to file a lawsuit against an adult worker when a condom is not visible in an adult film, and reap 25% of the settlement, plus legal fees.
3) This is where it gets more convoluted. Prop. 60 backers insist that it’s only producers who are being targeted, and that performers are exempt from liability provided they have no “financial interest” in the film. But, today it is estimated that over 75% of the performers are producing their own content, and would be considered producers, and therefore liable under Prop. 60. Even a Monogamous Married Couple, making a living by turning on their webcam while having sex in their own bedroom could be sued by any California resident. Anyone with a website or other internet stores can be considered liable. Anyone profiting from the scene could be added to the suit for aiding and abetting. This includes makeup artists, lighting crews and even the caterers. This potential from this goes deeper.
4) It says that a suit can only be filed by a private resident after a complaint has been filed with CalOSHA. If CalOSHA doesn’t find any issue or dismisses the claim, then that resident can go over the CalOSHA ruling and file a lawsuit.
5) It says “The People of the State of California, by enacting this Act, hereby declare the proponent of this Act (meaning Weinstein, himself) has a direct and personal stake in defending this Act from constitutional or statutory challenges to the Act’s validity.” Which means that the person who wrote Prop 60 (Michael Weinstein) will oversee its use. Michael Weinstein gets a tax payer funded job to monitor pornography.
