Do Not Restrict The Right To Choose!

On October 11, 2012, in Op-Ed, by adultbizlaw

On October 11, 2012 the following article was posted on one of the largest gay dating websites with millions of members through-out the world and tens of thousands of members in Los Angeles County (NSFW ). It was also emailed to more than 700 public health experts in the United States including physicians at the CDC, National Institutes of Health and various county health agencies.

Do Not Restrict Our Right To Choose!


On November 6th the voters of Los Angeles County are going to be asked to decide a ballot measure as to the sexual rights of a small inclusive community within its boarders.

A community that is often misunderstood and rarely given a voice. A community that is publicly shunned and privately enjoyed. A community that has fought for its existence through years of struggles, court battles and legislation.

Those that make up this community only want one thing – the right to choose for themselves how to live and work.

The principle force behind this ballot measure is special interest. A large powerful organization is trying to impose their will on a smaller group that does not want it. This organization does not like the example this community sets for others in the world, especially young people.

You might assume that I am referring to a proposition about gay rights but I am not.

I am referring to Michael Weinstein and AIDS Healthcare Foundation’s attempts to force porn performers in the County of Los Angeles to wear condoms. He wants the Los Angeles County Health Department to enforce a California employee safety law that would require the use of condoms, dental dams and latex gloves for vaginal, anal and oral sex.

Michael Weinstein wants the voters to believe the adult industry in Los Angeles is a cesspool of HIV and sexually transmitted diseases. He is playing the fear mongering card that some how if not stopped, the porn industry will infected the rest of Los Angeles. This should be a familiar argument to the gay community.

To compound the misinformation, AHF’s spokesperson on this Ballot Measure is Derrick Burts. Burts claims he contracted HIV while working in the adult entertainment industry. However, he did not contract HIV on-set in Los Angeles. He most likely contracted it on a gay set in Florida where condoms were used or off screen in his private life. AHF is not telling the voters that.

AHF is also not telling the voters that violating Ballot Measure B can land a person in jail for up to 6 months (per incident) and result in thousands of dollars in fines and legal fees.

AHF is also not telling the voters that this law even applies to couples not in the porn industry. The law is so broadly written that even private individuals performing on web cam together will be required to use condoms during their shows.

The industry has regular testing protocols that have keep us safe for the past eight years. There has not been a on-set transmission of HIV since 2004 when five performers were infected by Darren James. Recently, the industry has moved from a 30 day testing cycle to a 14 day testing cycle to further improve performer safety. They have also adopted the Aptima test, highly regarded as one of the most sensitive for HIV detection purposes.

But yet that is not enough for Michael Weinstein, who regards testing as nothing more than surveillance. He wants to use the industry and their product to send a message. He wants to use porn for nothing more than product placement. That message and that product are condoms. Yet, he calls it a worker safety measure.

Instead of government representatives, work place safety experts, physicians and the industry representatives working together to develop a comprehensive plan to protect performers without infringing on the performers and producers’ First Amendment rights, Mr. Weinstein is asking the voters of Los Angeles County to decide worker safety laws. This is unprecedented in California. The public does not vote on the height of scaffolds or the guards on chainsaws.

This is not the first time AHF and Michael Weinstein have pushed for a ballot measure involving mandatory condoms. In 2000, he tried to force West Hollywood to purchase 500,000 condoms and have all the bars and restaurants within the city hand them out to their patrons. AHF’s ballot measure was soundly defeated within his own community.

We as an industry only want the right to decide this issue for ourselves and not have it forced on us. Performers should have the right to choose. They want their sexual rights.

James Deen, male pornstar, might have said it best;

“I endorse safe sex.  I endorse condoms.  I endorse condom use while getting regularly tested with your partners.  This is the entertainment industry.  We choose to create a product that is fantasy driven.  Some of us choose to perform without condoms. These are our choices.  Do not restrict my right as an American, or a human being, to choose.  Please vote no on Measure B.”

We ask those of you living in Los Angeles County to Vote No on Ballot Measure B on November 6th. We ask those with friends in Los Angeles County to call them and ask them to Vote No! Let us have the right to choose!

To learn more about Ballot Measure B please visit;,_Measure_B_%28November_2012%29

To download a copy of the ballot measure language click here ->

Michael W. Fattorosi is an adult industry attorney located in Los Angeles, California. He has represented straight, transsexual and gay performers in the industry. He has been called the industry’s “Top Porn Attorney” by the AIDS Healthcare Foundation. You can read more of his articles on Ballot Measure B at or you can follow him on twitter at He welcomes all feedback.

James Deen is an eight year veteran male performer and mainstream actor. You can see him in “The Canyons” co-starring with Lindsay Lohan to be released in 2013. You can read more about him at his website at and follow him on twitter at

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