Let's just say that you are a national organization of health care, and that you have had a pretty bad week. Your org is now under attack by its own doctors and professionals for unionization due to overwork and under paying conditions. You just got stoned in your attempt to build another thrift store in San Francisco. You are presented a big-ass bill for overcharging yet another major city off their public health rolls (namely, Los Angeles County). And, your major political effort to impose condoms in porn just got shot down for the second year in a row.
What do you do? What do you do??
If you happen to be the AIDS Healthcare Foundation, you get off the floor, shake yourself off....and fire a dozen press releases rewriting defeat as victory...and then you fire off your lawyers for diversionary tactics to hide the pain of getting your asses kicked.
Early this week, in the wake of the defeat of AB 1576 in the California State Senate, AHF announced that they would be filing a complaint with the Nevada state branch of the Occupation Safety and Health Administration (OSHA-NV) regarding a porn shoot done in that state by the site Kink.com. The complaint, according to AHF's press release, states that Kink.com allegedly violated the Nevada and federal OSHA standards for "bloodborne pathogen" protection by not requiring condoms in the filming of one of their videos....in particular, the video Vegas Road Trip (misreferenced in the AHF filing with the title Hoghtied Whores, which featured performers Krissy Lynn and Skin Diamond, and was shot for the Kink-registered site Hogtied.com.
A screen cap of the letter AHF (through their latest propagandist.....errrrr, "public health consultant" Adam Cohen, follows (h/t The Real Porn Wikileaks):
Let us ignore all the beddazle of the continuous hot streaming crap about how the industry "violates OSHA health and safety laws" by not mandating condoms, and get to the basic fact that the all of the scenes in Hogtied Whores are either oral or solo with sex toys wrapped with condoms. No anal or vaginal here. In fact, the scenes would have been fully compliant with all of the protocols required by Measure B, the ordinance that mandates condom usage for most of Los Angeles County, as well as AB 1576, had that measure been effective in Nevada.
So, where's the beef??
The answer to that lies in the current attempt in California to rewrite the "barrier protection" codes to apply to adult filming, and impose condoms through legal regs rather than legislation.
The current revision to CCR 5193, which regulates "bloodborne pathogen/other potentially infectious materials" barrier methods for general purpose exposure in hospitals and other high-risk exposure occupations, is CalOSHA's attempt (with the full collusion of AHF, of course) to apply that law to the adult realm.
As noted previously here, that revision would severly impact porn shoots not only by mandating condoms for all penetrative sexual acts -- not just anal and vaginal, but also even oral; there is a brief exemption for oral sex provided that participants are subjected to vaccinations and clearances by an approved physician before hand, but that expires on January of 2018) -- but would even prohibit any potential exposure of "OPIM" to any oral area. Meaning: facials, pop shots in the vicinity of the vagina or anal area, and "creampie" ejaculations would also be banished as well.
The problem for AHF is that that process won't be resolved for another 1-2 years, since regulations have to go through a process of review and public comment; and CCR 5193.1 hasn't even gotten to the draft stages as of yet. To cover the time until then, AHF is essentially suggesting that the current rule 5193, normally applying only to hospitals, should also apply with equal strength to porn shoots, and that California's "interpretation" of the health and safety codes should be adopted by OSHA-NV in going after Kink.com (and any other porn producers shooting in Nevada without condoms). There is also the debate about whether porn performers should be considered to be "employees" of the companies paying them or "independent contractors"; the latter would remove them legally from OSHA jurisdiction.
You will also note how Cohen attaches the meme that condom usage is mandated in Nevada's legal brothels....ignoring the fact that the condoms are imposed on the clients/buyers of sexual services, not the sellers; and that porn is treated much differently legally as a form of adult entertainment, not as a direct sale of sex.
But, the biggest presumptive lie of all this is what Cohen implies about the four performers (Krissy Lynn, Skin Diamond, James Mogul, and Maestro).....which parallels all the implied assumptions projected by AHF on the Kink.com shoot that Cameron Bay participated in. Notice a gradual shift in emphasis away from the charge that Kink.com deliberately caused an HIV outbreak (proven false, of course), to the charge that Kink.com merely increases the risk of STI's. Never mind that all four participants were more than likely tested and found to be STI free, and therefore couldn't infect anyone, even if they went full on with an active gang bang. That seriously fracks up AHF's propaganda, so they have to now move to the "higher risk" card to keep the deception of "protecting the industry" going.
Of course, as Kink.com CEO Peter Acworth noted, this could just be scattershot to mask the real goal of AHF: to essentially nationalize their crusade to ban all bareback porn from the face of the earth, and to ultimately regulate individual sexual activity so that the only non-procreative sexual activity left to be legal would be condomized sex. And, to rake in the $$$$ off condom/dental dam placement ad deals.
Thanks to their power over CalOSHA's adjucative procedings, AHF has actually convinced some judges to rule in their favor in filings of OSHA complaints in California. Let's see if Nevada falls as equally hard for this fakery.