Pornstars Alia Janine ( http://www.AliaJanine.com ) and Kelly Shibari ( http://www.fleshlight.com/fleshlight-girls/fleshlight-toys/kelly-shibari/?link=993059 ) designed a “No on Measure B” flyer that anyone can print out and handout to voters in Los Angeles County. It is an excellent way to get the message out to the public. Please download it, print it out, hand it out or even attach to an email and email it to your family, friends and colleagues that live in Los Angeles County so they can know the facts of Ballot Measure B !

 

You can download a copy here to print out;

VoteNoMeasureB_Flyer

Why I Think We Have The Right To Choose by Alia Janine

On September 13, 2012, in Op-Ed, by adultbizlaw

The opinions, beliefs and viewpoints expressed by the various contributors on this web site does not necessarily reflect the opinions, beliefs and viewpoints of AdultBizLaw.com and Michael Fattorosi nor should they be considered legal advice.

Reprinted with permission. As first published on September 12, 2012 at http://aliajanine.com/2012/09/12/why-i-think-we-have-the-right-to-choose/

This is something I wrote back in June of 2011 after attending one of the Cal/OSHA meetings. I didn’t have my awesome blog that I have now so I posted it in different forums like Adult DVD Talk and FreeOnes.com. After this meeting I remember feeling very disturbed by Cal/OSHA and the AIDS HealthCare Foundation as a whole for even fathoming trying to control something like the Adult Industry the way that they wanted too. I thought they were crazy fascist, that this couldn’t be happening in this day of age, in America nonetheless, I still do.

I wrote this after looking up state statues, laws, and Supreme Court rulings trying to find some answers that I knew were there. I was more concerned for the complete disregard of our First Amendment rights then the debate on if we were independent contractors or employees, as you’ll read. But after some more research, talking with my buddy Michael Fattorosi, and a little common sense I couldn’t really fight the fact that performers are not independent contractors. At the time it seemed like a logical explanation to me (and everyone else) because that’s the reason Cal/OSHA was involved. If we weren’t “employees” they could never regulate the way they wanted to, but we are employees and they can regulate, but not to the extreme measures that they want. Anyways, this what I had to say over a year ago…..

Written June 10, 2011 5:16am.

*Yesterday I attend the Cal/OSHA Advisory Committee Meeting on barrier control protocol in the Adult Industry. Now if any of you have been following this story in the news you should know what’s going on. But, for those that don’t here’s a short briefing; Cal/OSHA came up with a 17 page draft of proper barrier controls, definitions, and procedures for the Adult Industry. Mind you, barrier controls have been in place since the early 90s but due to recent events and formal complaints from the AHF they’re stepping up enforcements and trying to make new regulations.

Why does Cal/OSHA get to regulate what happens on a porn set like they can a hospital or construction site? Because apparently all adult performers are consider “employees” and all production companies “employers”. We’re consider “employees” because of the state’s definition of what an employee/employer is. Regardless, if performers are incorporated within themselves, pay taxes as a self employed person or business owner, or the fact that most performers work with multiple companies. You need to understand that if we were considered independent contractors, as many of us consider ourselves, they would have no control over what we do on a porn set. All they have is the states definition of what an employee/employer is.

There’s so much more that goes with that but that’s not what I want to discuss. Because honestly, even with the states definition of an “employee” I still believe they are in violation of our 1st Amendment right to free speech/expression.

Let’s start from the very beginning-

  • Our 1st Amendment to the United States Constitution is part of the Bill of Rights. The amendment prohibits the making of any law “respecting an establishment of religion”, impeding the free exercise of religion, infringing on the freedom of speech, infringing on the freedom of the press, interfering with the right to peaceably assemble or prohibiting the petitioning for a governmental redress of grievances.
  • Pornography fits under freedom of speech and freedom of expression. It clearly states that it includes sexual expression.
  • The state of California defines hardcore pornography as; Hardcore pornography commonly includes explicit depictions of sex acts such as vaginal or anal penetration, cunnilingus, fellatio and ejaculation and/or extreme fetish acts.
  • The Supreme Court ruling in California VS Freeman in 1989 legalized pornography. (With the states definition of what pornography)
  • Our 1st Amendment also states that: “federal and lower government may not apply “prior restraint” to expression with certain exceptions such as national security and obscenity.”
  • It is not obscene to show genitals in sexual acts. We have the Miller VS California Supreme Court ruling (The Miller Test) to prove that the majority of what we do is not obscene.
  • Prior restraint or prior censorship is censorship in which certain material may not be published or communicated, rather than not prohibiting publication but making the publisher answerable for what is made known. Prior restraint prevents the censored material from being heard or distributed at all; other measures provide sanctions only after the offending material has been communicated, such as suits for slander or libel.

So if Cal/OSHA is forcing us to use any and all types of barrier protection, how is that not censoring us from being able to fully express ourselves sexually? Also, how is wearing barriers not forcing us to produce and distribute fraudulent products? Can it also be said that they are in violation of the Due Process Clause of our 14th Amendment? And of our Universal Human Right Laws? Considering that everyone in Adult Industry that was at the meeting got shut down anytime we brought up valid disputes or ideas against/for their proposal, I would say yes. They were unfair, unrealistic, and have absolutely no idea about how our industry works and they don’t care.

My thoughts; I don’t care if Im consider an employee or not. I know that my 1st Amendment right gives me the right to sexually express myself, in the legal state definition of pornography. By forcing me to use barriers they are violating my rights by censoring me and not allowing me fully express myself in the way that I want to. And by not allowing me and other industry members to have any say with what we can do with our own bodies, sexual expressions, our income, and our livelihood, is denying us Due Process.

I got everything from Wikipedia. So, if I can spend a few hours online doing some research and can find all of this, why is Cal/OSHA (and we’ll even throw in the AHF) still so hell bent on ‘protecting’ our industry? Well to me and many other industry members, they are being discriminatory against our industry for what we do. With the law clearly stating we’re in our legal rights how are they not?*

To me it’s not about having to wear or not wear condoms, it’s about having the right to choose what we think is best for OUR bodies, OUR expression, OUR livelihood. Yes, I believe that everything needs to be regulated to a certain extent, I think that there needs to more rules set into place (like requiring everyone to get the proper vaccinations if applicable), I think there needs to be more education about STIs (EVERYWHERE), but trying to force and control something upon anyone the way the AHF is trying to impose on the government to do to the Adult Industry is just plain Un-American to me.

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Porn- The New Political War Grounds? by Alia Janine

On August 29, 2012, in Op-Ed, by adultbizlaw
The opinions, beliefs and viewpoints expressed by the various contributors on this web site does not necessarily reflect the opinions, beliefs and viewpoints of AdultBizLaw.com and Michael Fattorosi nor should they be considered legal advice.

 

Reposted with Permission Written by: Alia Janine as first published on  August 28, 2012 at

http://aliajanine.com/2012/08/28/porn-the-new-political-war-grounds/

Since I’ve been on a roll with blog posts this past week, with the current issue(s) at hand in the industry, and Im obviously not working like the rest of you (or at least SHOULDN’T be), so I thought I might as well throw my 2¢ in. I like to crack jokes and all but that doesn’t mean I don’t care, Im not paying attention, or doing my homework. People have seriously gotten out of control, did some of you forget that most of you used to be friends or were at least civil to each other, and slightly respected each others idiosyncrasies? Geesh. People need to focus on the bigger picture and start coming up with solutions instead of adding more problems. It is an election year and porn is not a winning candidate right now.

Some people must realize that this is EXACTLY what Michael Weintstein wanted to happen. Him and his little army took out AIM because it was the ONE place that prevent outbreaks and unnecessary damaging PR. He KNEW that it would cause total chaos. Sadly, he was right. Although Im sure he was thinking it was going to be an actual HIV scare, Im sure he’s probably thrilled nonetheless. Because his plan is working, you fools! Am I the only one that’s ever read The Art of War? Seriously. And I don’t give a FUCK (sorry for swearing) if people didn’t like AIM, AIMs purpose was to PREVENT things like this from happening. Yes, people should have the right to choose where they want to get tested, but those testing facilities need to have a ONE common data base (having all the facilities give out that information is much more scary then one, think about it) where all performer’s test results are held so agents and production companies can look and prevent this from happening. It will also prevent an entire industry from having to shut down and 1000s of people being out of work. Just saying.

Before anyone gets in my face about the “privacy” of medical records, let me clue you in on a some legal shit (sorry for swearing) that you may not know, and if you do know and don’t like it, too bad- it’s the LAW. I’ll make it simple and use examples though so the ignorant people hear me (little edited Lauryn Hill for ya). When people have to get drug tested, vaccinations, full medical exams, or whatever for certain jobs because they’re either working with heavy machinery, in the medical field, or acting in a mainstream movie; the people that are going to hire them have the right to see those results because seeing those results is a requirement to obtain that position. Why do they have that right? Because under (most) state laws when someone is injured at their place of work, their employer is completely liable. If their employer is paying them to do something that requires a drug free mind, or to not be acceptable to certain diseases, or to perform acts that could cause an injury, and If the employer didn’t take any of the precautions to prevent things that could’ve been avoidable; they will be sued, their business possibly shut down, and so on.

WE ARE NO DIFFERENT. Remember Cal/OSHA and all their talk about haz-mat suits and dental damns, they weren’t kidding. We are knowingly and willingly exchanging bodily fluids, that can possibly harm us, with complete strangers sometimes, and people are worried about the people they work for/with seeing their test results? Are you skull fucking me with this shit (sorry for swearing)?!?! We are Cal/OSHA’s wet dream, and it would be a total nightmare for the industry if they got their overly, creepy clean hands in it. Like it or not, the companies that hire us have EVERY right to see those test results because if a performer is to contract something on a set, that company is liable for that person’s care, workman’s comp., and so on. Which is GOOD for performers.

Thus why the APHSS system is needed. Regardless if you like the FSC or not, they’re the only ones I saw step up to the plate like Sharon Mitchell did to do something to protect us. And yes, people have every right to be nervous about having your “real name” in a data base like that. But let’s keep real, performer’s real names are EVERYWHERE online. If someone wants to find it, they’re not going to hack into a data base to do it (unless they’re a psycho like the name we do not speak of). The internet, lube, and some time is much easier. Although I do believe the FSC needs to focus more on the whole picture and stop trying to control everything. But look at it this way, if Manwin and a few other companies are forking out all this money for medical equipment, testing reimbursements, and treatments, Im fairly certain they will make sure the APHSS data base is secure. Specially if we ask him nicely about it on Twitter. lol If you don’t like the system or the way it works, come up with something that will work better, and change it.

November is not that far away and this is not going to help the issue with condoms in any way. With everyone in the industry fighting each other, the general public is going to see that, think we’re all incompetent, and they’re going to vote yes. I say we beat them at their own game. They’re going to be voting on our Constitutional Rights on us having control over our own bodies, that is so not cool with me. I say we let the performer’s decide If they want to wear condoms or not. Not that I’ve ever seen anyone say no before but let’s really make it a point. And the WHOLE POINT is that we have the RIGHT TO CHOOSE. Let’s make a big fucking (sorry for swearing) deal out of it. Title- Porn Cleans Up It’s Act, “After a small syphilis outbreak in the Porn Industry, companies are letting performers chose to wear condoms or not on top of regular testing to ensure the safety of all performers….” and “porn companies ungraded and invested it medical grade cleaning products and equipment…” Blah, blah, blah. If some of us are already wearing condoms and playing along with the other side, people aren’t going to vote yes, and Michael fuck-face Weintstein (Im not sorry for swearing) will have to go back to the drawing board. (Plus we know damn well most performers are not going to use them anyways.) Get it together people, we’re worse than the Democrat and Republican party’s right now. We’re supposed to be fighting the system, not turning into it. Duh.

As for the infamous “shot” in the ass…. For one, if some of you don’t know you’re allergic to penicillin by now, you had horrible parents and are an idiot, I actual fear for your survival in this world. Secondly, it isn’t healthy to get a shot like that when you don’t need it but, at the same time it’s not going to kill you. Considering when the whole syphilis thing came out no one (really) knew who was “patient zero,” who they worked with, who those people worked with, and so on. Having everyone get a shot was definitely a panic move, but at the same time without everyone in one system there was no real way to tell who had what when, and people needed to react. Talk to your doctor, only they can tell you what’s best for your health. If you have to wait or want to wait the 90 days so be it. We are talking people LIVES here. Dumdums. I whined and talked shit (sorry for swearing) about it but I got it done because of the “what if” factor. Stock up on probiotics, ladies they have special supplements just for you too, and quit yer bitchin’. Be a part of a solution not the problem.

I also think some people could use a little refresher course in Sex Ed, the STI part that is. STIs are something every person needs to worry about in the jizz biz or not. For the fact that they are our only real job hazards- I can’t say Im not surprised certain people don’t know about them, but it is very bothersome. And it’s not that they don’t know what they are or at least their names, but they obviously don’t know about them and obviously not what some look like. Knowing about something and actually comprehending it can be two completely different things. So I took the initiative and went to Wikipedia for you. Remember, knowing is half the battle. ;)

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