California Secretary of State Labels Condom Initiative 'Prop 59'

SACRAMENTO—Secretary of State Alex Padilla on Friday assigned proposition numbers to 17 proposed measures for the November General Election, including the controversial “Condoms in Pornographic Films Initiative” that has been labeled Proposition 59.  If Prop 59 is passed by California voters on Nov. 8, it would require mandatory condom use in all adult films shot in California. The burdensome measure—which is being backed by the AIDS Healthcare Foundation—has been widely opposed by adult performers and producers as well as public health advocates. Ballot initiatives are eligible to qualify after proponents collect and submit valid petition signatures. Prop 59’s primary proponent is AHF president Michael Weinstein, who also campaigned for the similar Measure B in November 2012, which mandated condoms on adult sets in L.A. County.  Initiative statutes require 365,880 valid signatures.   Free Speech Coalition Executive Director Eric Paul Leue, who is leading the Californians Against Worker Harassment group, has previously said the ballot initiative empowers “stalkers, harassers, anti-porn activists, profiteers and crusaders, while leaving actual performers more vulnerable.” The California Republican Party in May voted overwhelmingly to oppose the initiative that would also allow private citizens to sue adult performers if a condom is not visible in an adult film; San Francisco Democrats voted to oppose the measure in April. The Legislative Analyst’s Office, which evaluates ballot initiatives for fiscal impact, predicts the bill will cost California taxpayers tens of millions of dollars each year in lost revenue, as performers and production companies move outside the state. Prop 59 is listed as such: Requires performers in adult films to use condoms during filming of sexual intercourse. Requires producers of adult films to pay for performer vaccinations, testing, and medical examinations related to sexually transmitted infections. Requires producers to obtain state health license at beginning of filming and to post condom requirement at film sites. Imposes liability on producers for violations, on certain distributors, on performers if they have a financial interest in the violating film, and on talent agents who knowingly refer performers to noncomplying producers. Permits state, performers, or any state resident to enforce violations.