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Stop AB1576: Compulsory Condom Use Won’t Make Porn Performers Safer

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(Photo pf Chanel Preston by Mickey Mod)

Tomorrow the California Assembly’s Appropriations Committee will vote on AB 1576 , a bill that would mandate condoms for all penetrative sex acts in porn. It also requires porn companies to indefinitely carry medical records for each contractor they shoot, and the vague language of the bill leaves room for Cal-OSHA to also mandate barriers, including protective eyewear and gloves, as well as disposable plastic covering for sets, so that performers can enjoy fucking on a Saran Wrap-covered couch.

This legislation presents itself as advocacy for sex workers’ healthcare, despite a majority of adult entertainment workers opposing it loudly and clearly. The bill’s sponsor, representative (and former minister) Isadore Hall and major supporters the AIDS Healthcare Foundation have refused to take the voices of the community into account, instead collaborating with such organizations as Pink Cross, a Christian ex-porn performer nonprofit.

Nicholas Kristof’s Sweatshop Boner

(Image by Scott Long, courtesy of Scott Long)
(Image by Scott Long, courtesy of Scott Long)

The Cambodian garment industry’s factories often serve as the canonical example of sweatshops. Women toil away in them for long hours with low pay and awful, unsafe working conditions. There are regular mass faintings due to poor ventilation, chemicals such as insecticides and shoe glue, long hours, and lack of access to health care.

There are about 650,000 Cambodian garment workers, and 90% of them are women. The current Cambodian minimum wage is US$80 per month, though the lower end of a living wage in Cambodia is twice that, at US$160. Many Cambodian garment workers have organized themselves and are working to institute change through collective bargaining and by pressuring companies looking to improve their brands’ image. Local unions have even secured support from a number of international corporations, and these corporations and unions (as part of IndustriALL Global Union) were able to meet peaceably with government officials on May 26th. At issue were a new trade union law, mechanisms for setting wages, a demand for a US$160 per month minimum wage, and the fates of 23 garment workers who were arrested in January for protesting working conditions and pay. Unfortunately, a strike that was planned for the previous month failed. Still, protests continued.

The 23 workers were arrested as part of a violent government crackdown on January 3rd that left at least four dead and 80 wounded. There were similar protests and crackdowns the previous November, when police shot and killed one protester and wounded nine. There was another protest the previous September over mass dismissals of workers on strike and intimidation measures including the presence of military police during inspections.

New York Times columnist Nicholas Kristof, however, practically idolizes Cambodian sweatshops. Kristof has recently come under fire for disseminating false stories about sex trafficking that were fed to him by the Somaly Mam Foundation and Mam’s “rehabilitation center” AFESIP in his columns, in the forward to her memoir, and in his 2012 “documentary” Half the Sky. Information about Mam’s fraud, however, had been published in the Cambodia Daily since 2010, and it is highly unlikely that Kristof was unaware of this fact. Her fraud and its horrific consequences for local sex workers were hardly a secret among sex worker rights activists in the Asia Pacific Network of Sex Work Projects.

Sex Workers: YOU CAN AND SHOULD REQUEST PANDEMIC RELIEF

Eleanor Roosevelt at SheSheShe Camp for Unemployed Women in Bear Mountain, New York. (photo via wikicommons)

So we’re about a month into strip clubs being shut down. Before that, most in-person sex workers had already been worried about the potential of getting or spreading COVID-19 (the illness caused by the coronavirus) at work, and probably noticed a significant dip in business. Most times we’d be SOL when it comes to accessing unemployment benefits, since save for dancers at a handful of strip clubs, we’re not employees on payroll. But that changed when Congress passed the CARES Act in March, which expanded unemployment benefits to independent contractors.

There have been a lot of misleading screenshots and headlines implying that sex workers are excluded from pandemic relief. While it’s true that some adult entertainment businesses are theoretically excluded from the Small Business Administration’s disaster loans, sex workers as workers are just as eligible for stimulus payments and the expanded unemployment assistance that’s out there as any worker. Even if you’ve been operating as a business, you’re eligible as a sole proprietor to apply for unemployment now (Unfortunately, that only goes for citizens and permanent residents. If you are an undocumented worker in need of help, there are a lot of sex worker mutual aid funds that are prioritizing workers who can’t access government aid. Here are a few lists of those funds and resources for finding help. This COVID-19 resource post from Kate D’Adamo on Slixa also has information on other types of help available for all workers, as well as some myth busting on those Small Business Administration loans—you can still apply, and though there’s a chance you’ll be denied, you might just get it. “The definition of that term [“prurient sexual performance”] is based on the application of what’s called the Miller obscenity test,” D’adamo writes, “and a lot of things are actually fine – sex shops, sex educators, probably even strip clubs. Where it gets trying is anything involving the internet, because of competing court decisions that the Supreme Court hasn’t weighed in on.” D’adamo also notes that the whole process is a “clusterfuck” because banks don’t have enough information from the Fed to process applications, and “no one’s getting shit from anyone anytime soon, prurient sex-related or not.”)

There are two main types of assistance for individuals available: The one-time $1200 ($2400 for married couples and an additional $500 per child) Economic Impact Payments from the federal government, and the expanded unemployment benefits that cover the self-employed. Unemployment benefits are administered at the state level, so you’ll need to find your state’s unemployment website to start a claim. Maybe you’ve heard that the pandemic levels of unemployment have swamped unemployment claims? It’s not a great process to begin with, and having to revamp the whole deal hasn’t gone quickly or smoothly. But it’s a good idea to go ahead and start on the process. Supposedly workers will be able to get back payments, so try to get records of everything you can dating back to when you had to stop working due to the pandemic.

Here’s how to get started.

Criminalizing Their Choices: Following Up on AB 1576

gandalfcondomNow that California’s AB 1576—which would mandate condom use on porn sets—is in committee in the  California State Senate, we wanted to follow up on our earlier coverage of the legislation. We asked two progressive porn performers, Jiz Lee and Conner Habib, about how they felt the proposed law would affect the future of California porn.

Jiz Lee is a genderqueer porn performer known for their genuine pleasure and unique gender expression. In the past nine years, Jiz has worked in over 200 projects spanning six countries within indie and mainstream adult genres, and balances sex work by working behind the scenes at Pink & White Productions, as well as writing and speaking about queer porn as a medium for social change. 

Conner Habib is an author, gay porn star, and lecturer. His book, Remaking Sex, will be released in 2015 by Disinformation. His Twitter handle is @ConnerHabib. 

Do you feel that AB 1576 will be helpful to porn performers?

Jiz Lee: Not at all. In fact, it will only be harmful. It legally controls (“forced consent”) the way performers have sex, eliminating—and criminalizing—their choices. It also creates major legal concerns that would force productions out of the state of California, creating relocation, decreased work opportunities, and other difficulties for performers and people working behind the scenes. Testing and barrier use is great! I should know! I’m a performer who is in the minority; because I perform infrequently and like to use my work to promote pleasure and safer sex practices, I often prefer to use barriers. I value having the choice to use risk-based assessment to practice safer sex, something I do on screen, and off. But this bill would do nothing to actually ensure safer practices and only make the situation worse. Having attended the Appropriations Hearing in Sacramento, it was obvious that the AHF and AB 1576’s sponsor, Isadore Hall, had no interest in listening to performers’ needs, including those of over two dozen industry professionals who traveled to City Hall to testify. It was incredibly disappointing.

Conner Habib: No!

Today in Absolutely Horrible: SC Stripper Shot At Strip Club Denied Worker’s Comp

The strippers at Tits and Sass have gone on record as being, in general, in favor of independent contractor status for strippers, because we like working at will, not having to be on a rigid schedule, having the ability to travel and work when the whim strikes, not turn over most of our money to the club, and taking Schedule C deductions. There have been a lot of lawsuits filed by strippers seeking to get paid back wages from clubs, and what usually happens is they are determined to be employees (because, honestly, most clubs do treat dancers like employees, mandating shift times and other controls over work), they get paid a small settlement, and the strippers still working at the club or clubs named in the suit inevitably wind up paying more to the club than they did before.

However, the one time we’d actually WANT to see a court determine that a dancer had employee status, as, again, almost inevitably happens, the South Carolina Court of Appeals finds her to be an independent contractor. The reason she was seeking employee status? To collect worker’s compensation after she was SHOT IN THE CLUB in 2008. This is absolutely horrible.