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Weinstein’s Statewide Condom Initiative ‘Misguided and Dangerous’: FSC

Performers and producers oppose Michael Weinstein’s dangerous and ill-informed attacks on the adult industry. This morning, he will announce that he will place a statewide version of his disastrous Measure B legislation on the ballot.

Measure B, a Los Angeles condom ordinance, resulted in a 95% drop in permits for adult production, and spurred an industry exodus to Las Vegas.

Diane Duke, head of the Free Speech Coalition, released this statement on Weinstein’s latest misguided and dangerous effort:

Michael Weinstein is resorting to the ballot initiative process because he can’t get it done any other way. His campaign has failed multiple times in the legislature, it’s has been opposed by HIV outreach and LGBT groups, it’s been opposed by civil rights groups, it’s been opposed by newspaper editorial boards and, most importantly, it’s been opposed by performers. Why? Because the bill not only takes away performers’ control over their own bodies, it pushes the industry out of California and underground, making performers ultimately less safe.

Anyone who looks at the data around performer health sees that Weinstein’s campaign is more about his dislike for the adult industry than it is about workplace safety. Despite shooting hundreds of thousands of scenes, there hasn’t been a transmission of HIV on a regulated adult set since 2004 thanks to a rigorous protocol that requires performers to be tested every fourteen days for a full slate of STIs including HIV. Yet because it attracts donors to his organization and headlines for himself, Weinstein has manufactured a crisis.

In his one-man war against the adult industry, Weinstein routinely uses performers who contracted HIV in their personal lives, and were stopped from working by testing protocol, as evidence of danger. It’s cynical and shameful, and he’s been reprimanded repeatedly by public health authorities for making claims that don’t stand up to scrutiny.

As a result, Weinstein now uses confusing language, most notably “the performers contracted HIV while working in the adult industry” to imply that transmission happened on a set without making the claim directly. (It’s like saying “Magic Johnson contracted HIV while working as a basketball player”). Having failed at the legislative level, he’s now hoping that he can use such language to confuse voters.

Michael Weinstein’s controversial AIDS Healthcare Foundation has been under fire locally and nationally for using his taxpayer funded organization to enforce various versions of his conservative morality. His misguided morality campaign is not limited to adult sets — as part of his condom-only campaign, he has called for an end to HIV vaccine research, he opposed medication that can prevent HIV transmission, and he has sued the cities [and counties] of San Francisco and Los Angeles when they’ve opposed him.

Performer health is important. But performers, the most tested population on the planet, should have the ultimate right to control their bodies and their health. They don’t deserve to be shamed or treated as a public danger, or to have their rights trampled. Michael Weinstein is using taxpayer money to fund a campaign that is opposed by performers, public health experts, and civil rights groups, in hopes that he can use the ballot initiative to accomplish what has failed in every other venue.

We, likewise, will oppose this.

FOR MORE INFORMATION:

Diane Duke
CEO, Free Speech Coalition
press@freespeechcoalition
818.348.9373

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  • Weinstein's dug himself a very deep hole. He can't admit his anti-porn campaign has failed utterly, irreparably damaged AHF's reputation and made him a laughingstock.

    Therefore he must press on with yet another Quixotic attempt to prove the earth is flat.

    Knowing how good he is at collecting fraudulent petitions, he may well get this monstrosity on the ballot. If he does, I hope we'll be more effective in fighting it than we have been his other attempts thus far.

    He's struck out in every inning thus far, but mainly due to the good sense of public officials and not because of our industry's pitifully inept campaigns to counter his.

    Let's hope we learned something from the last few rounds before we get in the ring for the next round.

      • No, that was one of the places where FSC did fairly well, although the fact that Hall's bill passed the Assembly definitely denies them bragging rights. In 2004 a similar bill didn't even make it out of committee. This one might well have passed had it not been for the self-interest of the Senate, which saw it as politically radioactive whichever way they voted.

        The active involvement of performers in last phase of the final battle was somewhat helpful, but very late to the game. The FSC should have had performers out in front from the beginning. Weinstein's endless search for the working performer who would stand next to him demonstrates why he's gotten so far. He understands a thing or two about PR that this industry just doesn't get.

        What was done wrong? Where to begin?

        FSC was warned six months in advance that AHF would inevitably succeed in shutting AIM down with nuisance litigation if producers didn't step up with whatever money and legal resources were needed to keep AIM up and running so AHF's claims that we had no working safeguards system would remain demonstrably false. The producers did nothing. AIM folded. AHF turned its dire portents into self-fulfilling prophecies due to the complete lack of political savvy and general stinginess of those producers who could and should have put their resources toward keeping AIM alive.

        In the political rumble the followed, the FSC fucked up by framing the whole controversy in economic terms re lost jobs and decreased tax revenues, which was the starting position of the FSC, played right into AHF's hands. One side was all about performer health and safety and the other was all about money. Hello, this is a pro-labor blue state where libertarian arguments play to the minority right.

        Then there was the long period when the anti-condom-mandate position was represented in mainstream media by producers. Steve Hirsch is a smart, articulate guy, but he's still a guy and very much a business owner rather than a worker. His griping about how condom pictures don't sell was never likely to inspire sympathy among voters. It played right to Weinstein's stereotypes of industry leaders as greedy and insensitive to matters of performer safety.

        Then there was the failure to challenge the petitions AHF used to get Measure B on the ballot in the first place. There were gross violations of election laws in the manner in which those petitions were presented and considerable evidence to suggest that many of the signatures on them were fraudulent. The L.A. city attorney wanted them thrown out. The industry didn't lift a finger to disqualify those petitions and thus a measure that shouldn't have and needn't have ended up on the ballot.

        The assumption that popular support for First Amendment rights would shoot Measure B out of the saddle, but very little was done by industry leadership to make the argument about free speech rights while it continued to whinge away over the money, which is what you get when you hire a Republican lobbyist to run a campaign every time.

        What the FSC, which sees itself, rightly, as representing a legitimate business that shouldn't need defending to exist, failed to take into account is public hostility toward this particular business. People tend to consume porn or despise porn but very few support it on principle. The principle needed to be made clear in order to overcome voter prejudices toward this work and those who do it largely created by mainstream media misrepresentations. Pornography may be popular but pornographers aren't. Anyone who thought we'd win at the ballot box hash''t talked to any voters recently.

        When performers did get actively involved, which came much later than it should have because nobody reached out to them or attempted to organize them and they pretty much had to do it themselves, it proved a game-changer in Sacramento, but look at the scale of the damage to this industry already done before that happened. Why weren't performers out in front of this issue first? They have both credibility and sympathy from the public that industry big-shots do not and never will.

        Even when it was obvious that the industry's political strategy was failing, they clung to it, making vague threats about the industry leaving town if it didn't get its way. Like anyone gives a shit. Most L.A. residents would be happy to see it go away. This city has an economy larger than those of many whole nations. The loss of porn revenues would be a pin-prick to anyone other than those in the business.

        Finally, there was a dismal failure to get hard, scientific proof out there that our methods were working and that AHF's arm-waving about threats to the public health was bullshit. AHF's claims should have been aggressively challenged by medical professionals as well as by performers from the outset.

        I could go on, but it's all history now and the damage is done. No, there will never be mandatory condoms in porn, but the idea that there should be is now considered respectable because it was never effectively rebutted. This battle will rage on because Weinstein can't afford to let it go and because we failed to discredit his nonsense and resist his sabotage of our excellent existing system at the beginning.

        This business has a lot to learn about practical politics and it doesn't appear to have learned much so far.

        • I appreciate the response. I just wanted to make sure that I hadn't misinterpreted the performers showing in the state legislature, but I see where initial comment comes from. Based on your response, it seems to me at least, that there is idealogical vs pragmatic divide within adult industry, that, from the begining has leaned decidedly in the corner of idealogical.

          What I mean is, instead of understanding the realpolitik (pragmatic) of what was happening between AHF, CAL/OSHA, and members of the state legislature (mainly Isadore Hall), the adult industry's belief in the idealogical (in this case 1st Amendment rights) and the belief that the courts would ultimately decide in their favor lead to a lack of organized decicive action to take AHF head on, so to speak, from the outset. This has allowed AHF to gain too much traction which has made the fight with them longer and more drawn out (though from what I've read, it doesn't seem anyone from the industry realized how far AHF had gone in gathering ammunition against AIM; Tim Tritch, etc.). Is my analysis correct so far?

          And I see what you're saying about the lack of a comprehensive strategy when FSC focussed on the monetary performance rather than the labor issue of the industry itself...

          • Basically my point, though I wouldn't say ideology was the issue. I don't think most producers care much about Amendment One unless or until it becomes an issue for their companies in particular. Actually, I think the free speech issue, ironically, got too little play from out side, as it is a legitimate objection to the kind of compelled speech AHF was pushing. Compelled speech is also a First Amendment violation, but that aspect of the proposed laws got little attention from the producers.

            I think mainly, like bad generals fighting the last war instead of the one they're in, the industry leaders were accustomed to fighting obscenity charges and had no clue how regulatory law could be used to the same purpose as obscenity prosecutions, a point I tried to make when I met with some of them at the outset of the whole thing.

            Where you're absolutely right is in our observation of the failure to comprehend, much less deal with, the realpoliik of the situation. This was not a matter of belief. This was a matter of political inexperience. Los Angeles is a very complex political environment and I don't think the industry had ever paid much attention to how things operate here. As it turned out, neither did AHF, who insanely took on L.A. Board of Supervisors - the most powerful governing body in this community. Suing them wasn't realpolitik on AHF's part, as I think they're beginning to see. That old adage about not fighting city hall definitely applies here. I suspect the nightmare of trying to enforce Weinstein's proposed regulations and the loud objections to it made by public health officials were probably more effective than anything our side managed.

            Let's hope we learned something last time because there is another battle looming on the horizon.

        • Your insight and words of wisdom are greatly appreciated as I am just catching up to the history of things that have went on before I came around. Your insight and words are greatly appreciated. Your knowledge is priceless.. Thank you..

          • You're certainly welcome. You'd think the folks at FSC might think I could be helpful, but I was most definitely not at the table when the decisions were made.

            Frankly, I look forward to a day when I won't have to relive these experiences again.

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