Lies, Myths and Urban Legends about Prop. 60

Misconception #1

Adult film performers can be sued if Prop. 60 passes!

No. Performers can NOT be sued. Section 4, subsection 5 of Prop 60 states: “Liability under this Act shall not apply to adult film performers, bona-fide employees, individuals providing independent contracting services, or production volunteers.”

Misconception #2

California voters don’t want Prop. 60!

Not true. In order for Prop. 60 to get on the state ballot, the campaign submitted the signatures of 537,136 registered voters in California. Early polling shows widespread support for this measure. Why? Because California voters are compassionate and fair-minded. They believe adult film performers should be protected in their workplaces, just like farmworkers, nurses, construction workers and dozens of other categories of employees. Prop. 60 will help ensure condoms are worn in graphic sex scenes. This will protect performers from serious sexually transmitted diseases (STDs) and HIV. And it will finally stop adult film producers from bullying and blacklisting performers who want condom protection but are intimidated not to use them. California voters understand that workers should not have to put their health at risk just to keep their jobs.

Misconception #3

Prop. 60 is a just creature of one man, Michael Weinstein!

No. Prop 60 was created with input from adult film performers, officials at Cal/OSHA (the state of California’s workplace safety watchdog) and the Aids Healthcare Foundation, which is headed by Michael Weinstein.

Misconception #4

The adult film industry will leave California if Prop. 60 passes!

Not likely. The adult film industry loves California. First of all, adult film can only be legally produced in California and New Hampshire. In all other states, the laws treat adult film production and prostitution the same – as illegal. Moreover, the condom-use law is a federal requirement and that makes it the law in all 50 states.

Misconception #5

Using condoms violates the adult film industry’s First Amendment right to freedom of expression!

No. Condoms in adult films do NOT violate free speech. In 2014, the US Ninth Circuit of Appeals rejected the adult film industry’s First Amendment claims and upheld the constitutionality of condoms in adult films.

Misconception #6

All adult films without condoms will be declared illegal by Prop. 60!

No. Prop. 60 does not affect films shot before the date the measure, if approved, goes into effect. Nor does it affect films produced outside California.

Misconception #7

Prop 60 will regulate the private sexual conduct of married couples!

No. Prop 60 does not seek to invade the bedrooms of anyone, including married couples – unless they are producing adult films for sale. If couples create, distribute, and profit from an adult film, they must adhere to Prop. 60 by wearing condoms during filming.

Misconception #8

Condoms aren’t necessary if performers use PrEP pills!

No. Pre-Exposure Prophylaxis (PrEP) only protects against HIV. Performers taking this drug will still risk contracting sexually transmitted diseases such as syphilis, chlamydia, and gonorrhea unless they are also wearing condoms. In addition, PrEP costs about $1000 per month and can come with serious health risks such as decrease in kidney function and small losses of bone density. Ensuring that the PrEP pill is taken daily is also hard to enforce. Condoms you can see. The actor is either wearing one or not. It’s easy to enforce.

Misconception #9

The adult film industry already requires STD testing!

Yes, but it’s not enough. STD testing in the adult film industry is voluntary. Some studios require performers to be tested every two weeks, some require testing every month and others do not require testing at all. Even if performers are tested every two weeks, most screenings don’t test all anatomical sites. Also, some STDs have latency periods when they are infectious but not detectable.

Misconception #10

Prop 60 will require that condoms be worn at all times in adult films!

No. Section 4 subsection (h) of Prop 60 states: “This section shall NOT be constructed to require condoms, barriers, or other personal protective equipment to be visible in the final product of an adult-film.” There are cinematic work-arounds so that condoms can be used but not seen in films. Scenes can be filmed so condoms are not visible to the camera, or they can be edited out digitally. If Steven Spielberg can make dinosaurs look real on screen, adult film producers can make condoms invisible.