FSC: SB 239 Unrelated To PASS Or Testing

CANOGA PARK, Calif.—Free Speech Coalition has released the following statement regarding rumors that have been circulating about a supposed relationship between California bill SB 239, which decriminalized sexual activity by an HIV-positive person, and the adult industry's Performer Availability Screening Services (PASS) system: Over the past few weeks, we’ve seen a lot of confusion online about the relationship between California Senate Bill 239 and the PASS system. In some cases, FSC’s support for the bill has been read as a precursor for a change to the PASS system. This is not true and has never been the case. FSC support of SB 239 was entirely unrelated to PASS and the established industry testing protocols, and there are no planned changes for the PASS system as it relates to HIV. We supported SB 239 because it was the right thing to do. Since Prop 60, we have been part of a large coalition of organizations fighting for more progressive, nuanced laws around HIV and other STIs, and sex work. SB 239 is one of them. PASS is an entirely separate issue, and governed by the PASS Advisory Board. Changes to PASS are dictated by medical science, in conjunction with feedback from stakeholders. PASS is not related to or affected by positions that FSC might take elsewhere politically. As with any issues that affect performer health, any proposed changes to PASS would involve the stakeholders—performers, testing centers, production companies, and others—and include robust periods of public discussion. As we have argued at Cal/OSHA, in Sacramento, and before federal courts, adult workers should always be consulted and involved in decisions that relate to their sexual health. This is no different. We have always recognized and support the importance of consent as it relates to workplace safety. In early 2018, we’ll convene the PASS Advisory Committee to talk about discuss any future proposals to strengthen our protocols, as well as ways we can improve communication and input. We welcome and encourage anyone to speak up. In the meantime, please feel free to reach out to us directly at [email protected] with questions or concerns.