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Sunny Outlook for Prop. 60

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Graphic: KCET

A new poll shows 69 percent of likely voters support Prop. 60, the Nov. 8 ballot measure to give state health workers better tools to enforce a rule that since 1992 has required adult film industry performers to wear condoms during explicit sex scenes.
“More than two out of three voters support our initiative despite the porn industry’s disinformation campaign to defeat Prop. 60,” said Rick Taylor, chief strategist for the Vote Yes on Prop. 60 campaign.

“California voters are compassionate and fair-minded. That explains the numbers.

“They instinctively understand the need to enforce existing laws that protect the health and safety of adult entertainment workers. They understand that these workers deserve the same protections that workers in more conventional industries enjoy.”

The poll, conducted by the campaign, also showed 83 percent of those now supporting Prop. 60 are certain they will “definitely” vote for Prop. 60. “That’s a very good sign,” said Mr. Taylor. “Our voters are solidly with us.”

It is a common misperception — encouraged by Prop. 60’s opponents — that Prop. 60 passage will create a new rule requiring adult performers to wear condoms. Not true.

The safety standards that resulted in the condom use requirement were crafted by federal health officials and adopted by Cal/OSHA, the state’s workplace safety agency, in 1992. Since 2004, Cal/OSHA has been actively enforcing the rule and has successfully filed more than two dozen complaints against violators.

However, porn film producers have routinely disobeyed this rule. They allegedly have bullied and blacklisted performers who want to use condoms. The producers contend that condoms do not sell films.

The industry has also used complicated corporate structures and other dodges to block many Cal/OSHA investigations.

Now Prop. 60 seeks to close loopholes used by the adult entertainment industry to circumvent the condom rule. Prop. 60 was written with input from performers and Cal/OSHA officials frustrated by porn industry evasions.

Currently, the statute of limitations for Cal/OSHA to pursue violations is six months. Producers will often release films without condoms six months and one day after filming to avoid punishment by the state’s regulatory agency. Prop. 60 would extend the statute of limitations for these violations to one year, adding economic pressure to producers to obey the law.

Mr. Schwada may be contacted at john.schwada@gmail.com

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