As reported earlier this week, AIDS Healthcare Foundation (AHF) — the proponents of the currently-stalled ‘mandatory condoms in porn’ bill AB 1576 — filed a formal ‘Notice of Alleged Safety or Health Hazards’ complaint with Nevada OSHA against Bay Area adult film production company Cybernet Entertainment LLC (a.k.a. Kink.com), “over recent filming that may have exposed employees—adult film performers—to infectious disease by exposure to blood and other potentially infectious materials.”
In this complaint, dated and filed July 25, 2014, the folks at AHF asserted:
On June 8, 2014 in Las Vegas, NV, employees engaged in acts for an adult film owned and operated by Cybernet Entertainment LLC titled Hogtied Whores that resulted in exposure to bloodborne pathogens and other potentially infectious materials (OPIM). The website, Hogtied.com, which is owned by Cybernet Entertainment LLC, contains still images, video footage, and a film trailer that clearly demonstrate Cybernet Entertainment LLC allowed, and upon information and belief may have encouraged, employees to engage in activities in Las Vegas that are highly likely to spread bloodborne pathogens and OPIM in the workplace. Federal and state governing measures must be taken to control the spread of bloodborne pathogens and OPIM, which include, but are not limited to, HIV, hepatitis C, and syphilis in the workplace.
Setting aside the fact that, as Kink’s Peter Acworth noted in a statement Thursday, “Current federal regulations make no mention of condoms, and uses standards that were developed in the 1990s for hospital labs, not porn sets”, there’s another — bigger — problem with what AHF has done here:
The only sexual acts performed at the shoot in question, posted on HogTied.com as Vegas Road Trip, were oral sex and penetration with (condom-covered) toys — which means that the shoot was compliant with the terms of the “workplace safety” bill AHF itself has promoted, AB 1576!
When Kink.com spokesman confronted AHF a.k.a. “FAIR” on Twitter today, this remarkable exchange ensued:
It would appear that to AHF “good corporate citizenship” includes union busting, overbilling, and circumventing the law when it doesn’t suit you (then filing suit and forcing the city that enacted it to use taxpayer dollars to defend it).
Or maybe, as we noted in this article, it means stashing at least $1.7 Million in the Cayman Islands.
The cretin behind the FAIR Twitter account, who sounds suspiciously like AHF troll Mark Roy “Wolverine” McGrath, misreads Nevada law as well. Since AHF and its Assemblypuppet Isadore Hall have been corrected on this point many times (notably here by Nevada attorney Marc J. Randazza) this misstatement of law must be intentional.
One more time…
Nevada’s sex work laws do not pertain to adult shoots, only to acts of prostitution, i.e., where a sex worker is paid by a client to perform sexual services on them, not where a producer pays performers to create adult content. Even the Nevada attorney general considers the reasoning of the Freeman decision to be good law in Nevada.
Thursday, Kink.com’s Peter Acworth issued a statement about AHF’s latest maneuver:
In the past week alone, AHF has been accused of over-billing Los Angeles County $3.5 million, faced protests in the LGBT community, had their lawsuit against the City of San Francisco laughed at and called ‘baseless’, and had their porn campaign rebuked by leading AIDS and HIV prevention organizations. Meanwhile, they’re fighting an ongoing battle against their own workers attempt to unionize. So I can see why they’d want a distraction.
The complaint is baseless. It wasn’t filed by anyone at the actual workplace, but by Michael Weinstein to bolster his current political campaign…. We will continue to work with performers, doctors and regulators to develop protocols that keep set safe, and still respect performers’ rights.
TRPWL expects a new statement from Kink.com shortly – -stay tuned…