California Proposition 60 | |
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Election date November 8, 2016 | |
Topic Adult entertainment | |
Status Defeated | |
Type State statute | Origin Citizens |
Proposition 60, the Condoms in Pornographic Films Initiative, was on the November 8, 2016, ballot in California as an initiated state statute.[1] It was defeated.
A "yes" vote supported requiring the use of condoms and other protective measures during the filming of pornographic films, as well as requiring pornography producers to pay for certain health requirements and checkups. |
A "no" vote opposed this measure requiring the use of condoms and other safety measures during the filming of pornographic films. |
Proposition 60 | ||||
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Result | Votes | Percentage | ||
No | 7,146,039 | 53.67% | ||
Yes | 6,168,388 | 46.33% |
California was, at the time of this measure, a leading producer of pornographic films, with most production occurring in Los Angeles' San Fernando Valley. The California Division of Occupational Safety and Health (Cal/OSHA) requires condom use during sex in pornographic films. However, Cal/OSHA generally enforces this requirement in response to complaints.[2] In November 2012, Los Angeles approved Measure B, which required pornography actors to wear condoms on set.
Proposition 60 would have required adult film producers to provide condoms and ensure that performers use them during performances in which "performers actually engage in vaginal or anal penetration by a penis." While condoms would have not been needed to be visible in films distributed to consumers, producers would have needed to prove that condoms were used. The costs of performers' workplace-related medical examinations, sexually-transmitted infections (STI) tests, and STI vaccines would have been covered by film producers under the measure. Adult film producers would have been required to be licensed by Cal/OSHA every two years. Furthermore, producers would have been required to contact Cal/OSHA whenever they make an adult film.[2]
For Adult Industry Responsibility (FAIR), the campaign supporting the initiative, outraised opponents nine-to-one. Supporters raised $5 million, while their opponents, organized as the Coalition Against Worker Harassment, received $556,169. The AIDS Healthcare Foundation was the sole contributor to FAIR. Before the election, polls indicated that support for Proposition 60 was around 53 percent. Both the California Democratic Party and California Republican Party opposed the measure.
The ballot title was as follows:[2]
“ | Adult Films. Condoms. Health Requirements. Initiative Statute.[3] | ” |
The long-form ballot summary was as follows:[2]
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The shorter ballot label summary was as follows:[2]
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Requires adult film performers to use condoms during filming of sexual intercourse. Requires producers to pay for performer vaccinations, testing, and medical examinations. Requires producers to post condom requirement at film sites. Fiscal Impact: Likely reduction of state and local tax revenues of several million dollars annually. Increased state spending that could exceed $1 million annually on regulation, partially offset by new fees.[3] |
” |
The long-form, official ballot summary for Proposition 60 was identical to the initial summary provided to initiative proponents for the purpose of circulating the initiative for signature collection.
Note: The fiscal impact statement for a California ballot initiative authorized for circulation is jointly prepared by the state's legislative analyst and its director of finance.
The fiscal impact statement was as follows:
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The full text of the initiative measure is available here.
In November 2012, Los Angeles approved Measure B, which required pornography actors to wear condoms on set. The measure also required producers of adult films to pay an annual fee to Los Angeles County's Department of Public Health. Vivid Entertainment, a pornography firm, initiated a lawsuit in an attempt to get Measure B overturned. Kayden Kross and Logan Pierce, pornography workers, joined as plaintiffs. Paul Cambria, the plaintiffs' attorney, viewed the initiative as violating the First Amendment of the U.S. Constitution. He argued that the measure imposed an unconstitutional restraint on workers' freedom of expression.[4] In August 2013, Judge Dean Pregerson upheld the law as constitutional and concluded the measure would, in fact, help alleviate health issues.[5] In December 2015, California's Fair Political Practices Commission alleged that the measure opposition group, the No on Measure B committee, received $343,000 from pornography organizations with ties to Luxembourg and Cyprus—a violation of the state ban on financial contributions from foreign principals. The state ethics agency announced on December 7, 2015, that the committee agreed to pay $61,500 in fines for violating campaign finance laws.[6]
For Adult Industry Responsibility (FAIR), also known as Yes on 60, led the campaign in support of Proposition 60.[7]
Michael Weinstein, president of the AIDS Healthcare Foundation, was the chief proponent of Proposition 60.[1]
Note: The Yes on 60 campaign website listed endorsements of Proposition 60 and supporters of condom use in porn. The latter group does not necessarily support the initiative.
Supporters made the following arguments in support of Proposition 60:[2]
Cynthia Davis, M.P.H., board chair of the AIDS Healthcare Foundation, Gary A. Richwald, M.D., M.P.H., former director of Los Angeles County Sexually Transmitted Disease Program, and Derrick Burts, an HIV-positive former adult film worker wrote the official argument in support of Proposition 60 found in the state voters guide. Their argument was as follows:[2]
Nobody should have to risk their health in order to keep their job! A YES vote for Prop 60 is a vote to protect California adult film workers from disease, Porn producers refuse to provide a safe workplace for their performers. As a result, thousands of workers have been exposed to serious and life-threatening diseases. It is time to hold the pornographers accountable for worker safety and health in California's adult film industry. Since 1992, the law has required condom use in all adult films produced in California. According to Cal/OSHA, "Condoms are required to protect adult film workers from exposure to HIV and other sexually transmitted infections." Prop 60 closes loopholes in the existing law and improves enforcement so pornographers can more readily be held accountable for the same workplace protection law that applies to every other California industry. Prop 60 only holds adult film producers, directors, and agents accountable—not adult film performers. The American Medical Association, the American Public Health Association, and other major medical and public health institutions support the use of condoms in adult films. But pornographers blatantly ignore the law. They complain condom use in their films will hurt their profits. They fire and blacklist adult film performers who want to protect themselves with condoms. When pornographers ignore the law, they expose their workers to HIV, chlamydia, gonorrhea, herpes, hepatitis, and human papillomavirus (HPV). Scientific studies show adult film performers are far more likely to get sexually transmitted diseases than the general population. Thousands of cases of diseases—which can spread to the larger community—have been documented within the adult film industry in recent years. Pornographers say adult film performers are tested for disease. But testing (which the workers must pay for!) is inadequate. It does not effectively identify many sexually transmitted diseases in a timely manner. Condoms provide important additional protections. Vote YES on Prop 60 for worker safety! We all pay the price because pornographers refuse to play by the rules. The lifetime cost to treat HIV is nearly half a million dollars per person. This industry has cost California taxpayers an estimated $10 million in HIV treatment expenses alone. In addition, taxpayers pay hundreds of thousands of dollars each year to treat related diseases. The need to strengthen existing law is particularly urgent now because the adult film industry is struggling to make profits. As a result, pornographers are more likely than ever to resist condom use. Prop 60 provides health officials with the enforcement tools they need to help ensure the law is enforced and adult film workers are adequately protected. Pornographers have taken advantage of young working women and men for too long. Pornographers must not be allowed to continue to violate the law that protects these California workers. This is about fairness and responsibility. Visit FAIR4CA.org for more information. VOTE YES ON PROP 60! |
The following video advertisements were produced by For Adult Industry Responsibility:[11]
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Coalition Against Worker Harassment, also known as No on Prop. 60, led the campaign in opposition to Proposition 60.[12]
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Opponents made the following arguments in opposition to Proposition 60:[2]
Sen. Mark Leno (D-11), Jay Gladstein, an M.D. specializing in internal medicine and infectious disease, and Jessica Yasukochi, vice president of the Valley Industry & Commerce Association, wrote the official argument in opposition to Proposition 60 found in the state voters guide. Their argument was as follows:[2]
VOTE NO ON PROP 60: This is what happens when one special interest group has access to millions of dollars to fund a political campaign. This 13-page measure is so poorly drafted it is the only initiative this year OPPOSED by the CALIFORNIA DEMOCRATIC PARTY and the CALIFORNIA REPUBLICAN PARTY. Even the California Libertarian Party opposes Prop 60. The proponent wants you to believe it is about worker safety. However, Prop 60 is OPPOSED by the ONLY independent all adult film performer organization in the state, with hundreds of dues paying members. In a letter to the California Secretary of State, the President of the Adult Film Advocacy Committee Chanel Preston stated the initiative is dangerous for the health and safety of performers. Prop 60 is also OPPOSED by many civil rights and public health organizations, including Equality California, the Transgender Law Center, AIDS Project Los Angeles, the Los Angeles LGBT Center and the San Francisco AIDS Foundation. Prop 60 is opposed by business leaders such as the Valley Industry & Commerce Association (VICA). The proponent wants you to believe this is about worker safety. But this disguises the real impact of the measure: the creation of an unprecedented LAWSUIT BONANZA that will cost taxpayers "tens of millions of dollars" and threatens the safety of performers. The initiative creates a new private right of action authorizing the Proponent AND all 38 MILLION RESIDENTS OF CALIFORNIA to file lawsuits directly against adult film performers, on-set crew, and even cable and satellite television companies who distribute the films. Even injured performers can be sued directly- by anyone. No other worker in California can be sued this way. VOTE NO ON PROP 60 HERE ARE THE FACTS:
Prop 60 will cost taxpayers tens of millions of dollars, violate worker privacy, and even make the Proponent a state employee — paid for by taxpayers like you. That's why you should join performers, business leaders, the CALIFORNIA DEMOCRATIC PARTY and CALIFORNIA REPUBLICAN PARTY and VOTE NO ON PROP 60. |
A No on Proposition 60 advertisement
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The Democratic County Central Committee (DCCC) that oversees San Francisco’s Democratic Party voted to urge the state's Democratic Party to oppose this initiative, which the state's central committee ultimately did. This position by the San Francisco Democratic Party was not official until the state council also voted to oppose Proposition 60, as local Democratic committees cannot officially hold a position on a statewide ballot measure until the state party decides on a position or votes not to take an official position. Local committee member Matt Dorsey argued that the endorsement by San Francisco's party was significant, saying, “San Francisco is a globally-recognized leader on HIV/AIDS issues. This is a very strong statement from San Francisco’s Democratic Party, and I hope it will send an influential message to the California Democratic Party, and to voters statewide.”[23]
On October 17, 2016, about 100 pornographic actors and workers protested outside of the AIDS Healthcare Foundation headquarters in Los Angeles.[24][25] On October 18, multiple pornographic websites, including Vivid Entertainment Group, Evil Angel, Kink, Pink & White Productions, and Treasure Island Media, blocked California consumers from viewing their content in protest to Proposition 60. Consumers of these websites were met with an advertisement asking them to vote against the ballot initiative.[26]
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Total campaign contributions: | |
Support: | $5,047,809.19 |
Opposition: | $556,169.22 |
As of February 1, 2017, the support campaign for this initiative raised $5,047,809.19, more than nine times what the opposition campaign had raised.[27][28]
One hundred percent of the total contributions in support of this initiative were in-state donations provided by the AIDS Healthcare Foundation.[27]
As of February 1, 2017, the following PACs were registered to support this initiative. The total amount raised and expended were current as of February 1, 2017.[27][29][30]
Ballot measure committee | Amount raised | Amount spent |
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YES ON PROP 60, FOR ADULT INDUSTRY RESPONSIBILITY (FAIR) COMMITTEE, WITH MAJOR FUNDING BY AIDS HEALTHCARE FOUNDATION | $5,047,809.19 | $5,045,799.01 |
Total | $5,047,809.19 | $5,045,799.01 |
As of February 1, 2017, the largest and only donor in support of this initiative was:[27]
Donor | Amount |
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AIDS Healthcare Foundation | $5,047,809.19 |
As of February 1, 2017, there was one PAC filed to oppose this initiative. The total contributions and expenditures listed below were current as of February 1, 2017.[28]
Ballot measure committee | Amount raised | Amount spent |
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NO ON PROPOSITION 60, CALIFORNIANS AGAINST WORKER HARASSMENT, SPONSORED BY THE FREE SPEECH COALITION | $556,169.22 | $603,390.12 |
Total | $556,169.22 | $603,390.12 |
As of February 1, 2017, the top five largest donors in opposition to this initiative were:[27]
Donor | Amount |
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Wicked Pictures | $44,000.00 |
Paper Street Media LLC | $43,493.00 |
Jeffrey Greenberg and Affiliated Entities | $40,000.00 |
John Stagliano and Affiliated Entities | $39,999.00 |
California Democratic Party | $30,448.10 |
To read Ballotpedia's methodology for covering ballot measure campaign finance information, click here.
California Proposition 60 (2016) | |||||||||||||||||||
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Poll | Support | Oppose | Undecided | Margin of error | Sample size | ||||||||||||||
CALSPEAKS 10/7/2016 - 10/13/2016 | 50.0% | 31.0% | 19.0% | +/-7.0 | 622 | ||||||||||||||
USC Dornsife/Los Angeles Times 9/1/2016 - 9/8/2016 | 55.0% | 32.0% | 13.0% | +/-2.0 | 1,909 | ||||||||||||||
AVERAGES | 52.5% | 31.5% | 16% | +/-4.5 | 1,265.5 | ||||||||||||||
Note: The polls above may not reflect all polls that have been conducted in this race. Those displayed are a random sampling chosen by Ballotpedia staff. If you would like to nominate another poll for inclusion in the table, send an email to editor@ballotpedia.org. |
Lawsuit overview | |
Issue: Accuracy of opponents' arguments in the official voter guide | |
Court: Sacramento Superior Court | |
Ruling: The section's claims about the fiscal impact of the measure and worker safety are misleading. Other claims are justifiable for inclusion in the guide. | |
Plaintiff(s): Derrick Burts | Defendant(s): Secretary of State Alex Padilla and No on 60 |
Plaintiff argument: The "Arguments Against" section of the voter guide contains false and misleading statements | Defendant argument: The statements in the section are correct |
Source: Courthouse News Service
Former porn actor Derrick Burts field a lawsuit against opponents of Proposition 60 and Secretary of State Padilla, alleging false and misleading statements in the California official voter guide's "Arguments Against" section. Burts and the Yes on 60 campaign sought a writ of mandate to alter the opponents' arguments. Specifically, proponents took issue with the claim that their measure would cost the state "tens of millions in state and local tax revenue" and allow any Californian to sue any porn actor.[51] Opponents of Proposition 60 argued that their statements were accurate.
Judge Timothy M. Frawley of the Sacramento Superior Court ruled in favor of Burts on multiple statements, including on fiscal effects of the measure and claims that it would weaken safety standards. However, Judge Frawley sided with opponents on the claim that Proposition 60 could create a "lawsuit bonanza."[52]
Cost of signature collection:
Sponsors of the measure hired PCI Consultants, Inc. and The Monaco Group to collect signatures for the petition to qualify this measure for the ballot. A total of $1,409,273.68 was spent to collect the 365,880 valid signatures required to put this measure before voters, resulting in a total cost per required signature (CPRS) of $3.85.
Demographic data for California | ||
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California | U.S. | |
Total population: | 38,993,940 | 316,515,021 |
Land area (sq mi): | 155,779 | 3,531,905 |
Race and ethnicity** | ||
White: | 61.8% | 73.6% |
Black/African American: | 5.9% | 12.6% |
Asian: | 13.7% | 5.1% |
Native American: | 0.7% | 0.8% |
Pacific Islander: | 0.4% | 0.2% |
Two or more: | 4.5% | 3% |
Hispanic/Latino: | 38.4% | 17.1% |
Education | ||
High school graduation rate: | 81.8% | 86.7% |
College graduation rate: | 31.4% | 29.8% |
Income | ||
Median household income: | $61,818 | $53,889 |
Persons below poverty level: | 18.2% | 11.3% |
Source: U.S. Census Bureau, "American Community Survey" (5-year estimates 2010-2015) Click here for more information on the 2020 census and here for more on its impact on the redistricting process in California. **Note: Percentages for race and ethnicity may add up to more than 100 percent because respondents may report more than one race and the Hispanic/Latino ethnicity may be selected in conjunction with any race. Read more about race and ethnicity in the census here. |
California voted for the Democratic candidate in all six presidential elections between 2000 and 2020.
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