Hustler & Forsaken Pictures Fined $26,000 for No Condoms...

[pornlaw]

Just hit the news wires....

"Los Angeles - California workplace safety officials have fined Larry Flynt's Hustler Video and another porn producer for not using condoms on set to protect sex performers from exposure to disease.

The Division of Occupational Safety and Health citation obtained Wednesday says Hustler Video faces $14,175 in fines for three violations, including failure to provide condoms or other protective equipment. Forsaken Pictures faces $12,150 in fines."

http://www.myfoxla.com/dpp/health/hu...-porn-20110330

[Seth Manson]

I'm sure that Larry doesnt give a shit. I hope he pays it all in $1 bills.

[babymaker]

Bad news But we hate condoms in Philly so hit me up for scenes

[Grapesoda]

Originally Posted by babymaker

Bad news But we hate condoms in Philly so hit me up for scenes

osha is a FEDERAL organization home boy

[JustDaveXxx]

Getting ready for this one.


Going underground. Tomorrow my 16 camera system gets its final tune up.

My place is hidden and off the beaten path.




And everyone i shoot for lives out of the country.


Going deep, deep undercover!!

[babymaker]

Originally Posted by bm bradley

osha is a FEDERAL organization home boy

True, was thinking it was a local agency that did it, didn't read whole thing

[NaughtyVisions]

Originally Posted by pornlaw

Just hit the news wires....

"Los Angeles - California workplace safety officials have fined Larry Flynt's Hustler Video and another porn producer for not using condoms on set to protect sex performers from exposure to disease.

The Division of Occupational Safety and Health citation obtained Wednesday says Hustler Video faces $14,175 in fines for three violations, including failure to provide condoms or other protective equipment. Forsaken Pictures faces $12,150 in fines."

http://www.myfoxla.com/dpp/health/hu...-porn-20110330

Maybe I'm being a bit too technical, and I don't know what the other two violations are, but that says "failure to PROVIDE condoms or other protective equipment," which isn't necessarily being fined for not using them in the film. So, technically, as long as condoms were made available on set, it seems to me that Hustler would have been ok if it was the performers who chose not to use them.

Just set a basket of condoms out for decoration if you're shooting.

[AaronM]

Originally Posted by NaughtyVisions

Maybe I'm being a bit too technical, and I don't know what the other two violations are, but that says "failure to PROVIDE condoms or other protective equipment," which isn't necessarily being fined for not using them in the film. So, technically, as long as condoms were made available on set, it seems to me that Hustler would have been ok if it was the performers who chose not to use them.

Just set a basket of condoms out for decoration if you're shooting.

I staple them to my business cards.

[NaughtyRob]

Ah shit, here we go. ugh.

[NaughtyVisions]

Originally Posted by AaronM

I staple them to my business cards.

Right through the center of the condom?

[GetSCORECash]

Thanks pornlaw.

[marcop]

Originally Posted by bm bradley

osha is a FEDERAL organization home boy

I parsed the quoted wire in the first post and thought it was CAL-OSHA who was involved, not the Feds:
California workplace safety officials have fined... ...The Division of Occupational Safety and Health citation obtained Wednesday...

[pornlaw]

AVN just posted a better explanation of why the fines were imposed...

http://business.avn.com/articles/vid...ms-430764.html

I think its a forgone conclusion that Hustler and Forsaken will appeal. The question is will they shut down production during the appeal process or continue to shoot without condoms and risk further investigations or will they go condom only now....

I know one producer that was fined by CalOSHA after the last big HIV transmission and he was forced out of the state. I cant imagine Hustler taking their productions out of state.

[marcop]

Originally Posted by pornlaw

AVN just posted a better explanation of why the fines were imposed...

I know one producer that was fined by CalOSHA after the last big HIV transmission and he was forced out of the state. I cant imagine Hustler taking their productions out of state.

Hustler might... they used to shoot in Cabo all the time back in the late 90's/early aughts.

[JustDaveXxx]

Originally Posted by pornlaw

AVN just posted a better explanation of why the fines were imposed...

http://business.avn.com/articles/vid...ms-430764.html

I think its a forgone conclusion that Hustler and Forsaken will appeal. The question is will they shut down production during the appeal process or continue to shoot without condoms and risk further investigations or will they go condom only now....

I know one producer that was fined by CalOSHA after the last big HIV transmission and he was forced out of the state. I cant imagine Hustler taking their productions out of state.

Hire sub contractors and let them take the risk.

[Chosen]

Condoms in porn is a big turn-off for me...

[LRS]

that sucks..

[pornlaw]

Originally Posted by JustDaveXxx

Hire sub contractors and let them take the risk.

Thats what happened here apparently. Forsaken Pictures is a Matt Zane company producing for Hustler. They hit them both.

If the production is under the control and direction of a larger company it looks like CalOSHA will spread the fines around. The only way I see big studios getting around this is to buy content on the open market ie., small company finances and shoots the content/DVD and tries to sell it to several different companies.

[AaronM]

Originally Posted by NaughtyVisions

Right through the center of the condom?

Of course. If you staple the edge of the package, they tear away far too easily.

[bbobby86]

bad bad news...

[Paul Markham]

If enforced it will mean the end of porn production in CA.

You can't hide, a model will turn you in. You tell her on the phone it's no condom, she says yes and gets your details and the police turn up instead of her.

[journalism]

That is not nice. We should follow our law and rules wherever you are.

[TheDoc]

Are they an actual authority? Like if Larry just tells them to piss off, keeps doing it.... who's going to enforce the policy?

[NaughtyVisions]

Originally Posted by pornlaw

AVN just posted a better explanation of why the fines were imposed...

http://business.avn.com/articles/vid...ms-430764.html

I think its a forgone conclusion that Hustler and Forsaken will appeal. The question is will they shut down production during the appeal process or continue to shoot without condoms and risk further investigations or will they go condom only now....

I know one producer that was fined by CalOSHA after the last big HIV transmission and he was forced out of the state. I cant imagine Hustler taking their productions out of state.

Shouldn't they have already appealed if they were going to do so? From the AVN article:

Hustler has a right to appeal the fine by filing an appeal with the Occupational Safety and Health Appeals Board within 15 days upon the receipt of the citation, which was issued March 9.

9 + 15 = 24

Even if you give a couple of days if the citation was mailed, it's been 22 days since the citation was issued...I think any grace period would be over now, too.

[pornlaw]

@Naughty - statutorily there's usually 5 days for mailing in CA in regards to Decisions/Orders from admin courts or bodies. We dont know when it was mailed to Hustler which means they might actually have til today to file their appeal.

[DWB]

Welcome to my world boys. Been shooting undercover for the past decade. Wouldn't know what to do with a studio if I had one.

You'll all be just fine, you just have to rethink how you work.

Originally Posted by bm bradley

osha is a FEDERAL organization home boy

Tell OSHA I said to go fuck themselves. I'm going to shoot a bareback tranny scene tonight in their honor.


But seriously, what did everyone think was going to happen when your main testing facility doesn't even test for all sexually transmitted diseases and has dropped the ball on more than one occasion?

[MaDalton]

i suggest to get your content produced in Czech Republic then..

[DWB]

JustDaveXXX, mi casa es su casa. It's not easy to work over here, but if push comes to shove, holla at your boy if you want to get your sideways pussy on.

[DWB]

Originally Posted by MaDalton

i suggest to get your content produced in Czech Republic then..

You're probably not going to want to leave Phuket, so.....

[MaDalton]

Originally Posted by DWB

You're probably not going to want to leave Phuket, so.....

i dont shoot personally anyways and invoices i can write from everywhere

[INever]

Originally Posted by Paul Markham

If enforced it will mean the end of porn production in CA.

You can't hide, a model will turn you in. You tell her on the phone it's no condom, she says yes and gets your details and the police turn up instead of her.

You tell her on the phone that it's $100 per scene with condom, $700 per scene without condom. Models' choice.

[Frasier]

Interesting that they picked Hustler (who WILL put up a fight if they think they can win, or even if they cant win perhaps) for the first filing.

Are they looking to get this duked out in court and hopefully get a preceedent established in their favor right off the bat?

If they were looking to 'bully' producers into compliance, would have made more sense to start with companies who they would expect to 'pay the fine , become compliant and move on'

[pornlaw]

Originally Posted by Frasier

Interesting that they picked Hustler (who WILL put up a fight if they think they can win, or even if they cant win perhaps) for the first filing.

Are they looking to get this duked out in court and hopefully get a preceedent established in their favor right off the bat?

If they were looking to 'bully' producers into compliance, would have made more sense to start with companies who they would expect to 'pay the fine , become compliant and move on'

This isnt the first one. Other companies including Naughty America have been hit with fines. But Hustler would be the logical choice if they are trying to take it up the appeal process.

[JustDaveXxx]

Originally Posted by DWB

Welcome to my world boys. Been shooting undercover for the past decade. Wouldn't know what to do with a studio if I had one.

You'll all be just fine, you just have to rethink how you work.




Tell OSHA I said to go fuck themselves. I'm going to shoot a bareback tranny scene tonight in their honor.


But seriously, what did everyone think was going to happen when your main testing facility doesn't even test for all sexually transmitted diseases and has dropped the ball on more than one occasion?

You are dead on.


Underground here we go.

I will be fine. All my clients are not in the US.


I think the features and the 12 man crew production companies are the ones that will be feeling it.


The agents will have to close up their public websites and and hand verify all the producers that they send emails too and give everyone pass codes to view their girls.



I have 6K square foot studio in Chatsworth way hidden in a warehouse district, in a corner coldasack type location. Even if you are looking for it, you wont be able to find it. And when you do, it looks abandoned from the outside. I only rent to 6 people with crews of 3 or less. and the people i rent to are my friends of mine that i have known for a while.


I see that the big rental houses and big name fan known directors will be hit first and hardest.


Im not in the rental business, I am a shooter that has always kept a low profile. I don't do interviews and i try and keep my name out of the adult presses. But more importantly everyone in production and anyone important in adult knows who i am by name and reputation.


This will further weed people out of our business. This is gonna get good

[pornlaw]

Originally Posted by JustDaveXxx

This will further weed people out of our business. This is gonna get good

You are dead on....

[alias]

Game changer.

[JustDaveXxx]

Originally Posted by DWB

JustDaveXXX, mi casa es su casa. It's not easy to work over here, but if push comes to shove, holla at your boy if you want to get your sideways pussy on.

That would rock!!! I would love to get a client to send me off there. Would be a blast.


Looking forward to when you come out to LA.

You can leave your gear, I got doubles and triples of everything you would ever need over here to shoot content.


And a big ass house.

[marcop]

Originally Posted by JustDaveXxx

This will further weed people out of our business. This is gonna get good

If the biz goes underground (which I hope it does) it'll keep people out too--if you're not known to agents, etc., it'll be very hard to hire talent, locations, etc.

I'm friendly with some old-timers in the biz, and they all say it was better when it was illegal.

[JustDaveXxx]

Originally Posted by marcop

If the biz goes underground (which I hope it does) it'll keep people out too--if you're not known to agents, etc., it'll be very hard to hire talent, locations, etc.

I'm friendly with some old-timers in the biz, and they all say it was better when it was illegal.

I agree with you on all points.



I have solutions to the condom issue. Shared them with PornLaw on the phone and he thought my solution was really cool and very workable.



PornLaw will be the solution man if you want to keep underground and legal

[pornlaw]

Originally Posted by JustDaveXxx

I agree with you on all points.



I have solutions to the condom issue. Shared them with PornLaw on the phone and he thought my solution was really cool and very workable.



PornLaw will be the solution man if you want to keep underground and legal

This is all you ! You are one of the original thinkers in the industry. Im going to have do some research to see if it withstand a challenge though. But it is novel. Stay tuned for more from Dave !

[pornlaw]

Originally Posted by JustDaveXxx

I have solutions to the condom issue. Shared them with PornLaw on the phone and he thought my solution was really cool and very workable.

Dave - While very creative I dont think the idea has legs... here's case law that holds California can prohibit the sale of certain fireworks on Tribal lands...

http://ftp.resource.org/courts.gov/c....91-55931.html