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Strategies For Combating Prop 60 From An Outsider -by Freiherr Karza von Karnstein #NoProp60

I have been a fan of the adult entertainment industry for decades and a supporter of the industry for the last decade. I am also a student of history and am generally of the conservative political bent.

It seems counterintuitive that a conservative would be a supporter of the industry (most conservatives are closeted fans.) I can explain how my conservatism is tied to my support for the industry.

First, the military is and has been a huge fan of the adult industry. In Vietnam, Playboy was extremely popular with Marines and Army infantrymen in the bad bush. Evan Wright’s book Generation Kill demonstrates that today’s Marines and soldiers are as big of fans of the industry as were their predecessors in Vietnam.

Succinctly, the adult entertainment industry is a vital support arm of the military since it is a key element in troop morale. Therefore, any politician or activist who attempts to hinder, much less destroy, the adult entertainment industry is no different than someone who plots to blow up a munitions depot or an aircraft factory.

Second, today’s adult performer is the quintessential “John Galt” from Ayn Rand’s Atlas Shrugged, the embodiment of the entrepreneur and small business owner. Let me explain with an analogy from my favourite sport, Formula 1 racing. There was a Formula 1 driver named Bruce McLaren. Mclaren raced for many teams, including Ferrari. Then, having gained enough experience, he set up his own shingle, the McLaren Formula 1 Team, which still races today, decades after McLaren’s death. Today’s adult performer is someone with the drive and foresight of Bruce McLaren. Today’s adult performer starts out working for a studio or website, then sets up her or his own Clips4Sale or Niteflirt or other Internet custom video site profile, taking what she or he learned in the studios or on others’ websites and setting up her or his own shingle.

Long story short, today’s adult performer personifies the American dream and epitomizes the free market at its finest.

AHF/Michael Weinstein’s Proposition 60 is an attempt to destroy the adult entertainment industry through death by regulation. It is a blatant attempt to subvert freedom of speech.

That being said, using the word “freedom” when making arguments to the general public as to why they should oppose Prop 60 is of limited use. For decades now, governments, both  dictatorial and democratic, have trumpeted the word “freedom” to push wars in the furtherance of their own agendas. One line found in both the Nazi anthem “The Horst Wessel Lied” and the Hitler Youth anthem is “für Freiheit und Brot,” (“for freedom and bread.”) A lot of people pushing their own agendas under the guise of “It’s good for you!” use the word “freedom.” Using “freedom” as part of the argument against Prop 60 will reach ears already past the saturation point with the word “freedom” at best, and arouse suspicions about the sincerity of those making the argument at worst.

A better strategy in arguing against Prop 60 to fans, and to people who are not in the industry in general, is to show how Prop 60 will  materially impact them as severely as it will impact people within the industry.

From the text of Prop 60:

Requires performers in adult films to use condoms during filming of sexual intercourse. Requires producers of adult films to pay for performer vaccinations, testing, and medical examinations related to sexually transmitted infections. Requires producers to obtain state health license at beginning of filming and to post condom requirement at film sites. Imposes liability on producers for violations, on certain distributors, on performers if they have a financial interest in the violating film, and on talent agents who knowingly refer performers to noncomplying producers. Permits state, performers, or any state resident to enforce violations.[emphases mine]

Under current OSHA regulations ( ), employers are responsible for preventing workplace burns. OSHA specifies that employers must ensure that employees receive initial and refresher workplace burn prevention training, and that employers must clearly communicate burn hazards.

Combine this with the popularity of Starbucks and with the legal precedent Prop 60 will set. Prop 60 will serve as a precedent for employers to be required to specifically obtain licenses to allow employees to walk onto the job with Starbucks cups filled with scalding coffee. Prop 60 will also set a precedent for banning sandals, shorts, and low-cut blouses at work, replacing them with Starbucks-resistant burkas at workplaces that pay the state for licenses to allow their employees to carrying loaded Starbucks cups. Furthermore, since employees have a financial interest (i.e., their paychecks) in the workplace, Prop 60 will serve as a precedent for any DA/State’s Attorney looking to add to his or her “win” column, or for any witness seeking to get rich via the Ghetto Lotto to take an employee scalded by his or her own Starbucks to court.

Even if one does not use Starbucks, Prop 60 will set a personally dangerous precedent. 2016 is an era wherein people are glued to their smartphones. There has not been an on-set HIV transmission in the self-regulated, straight California adult entertainment industry since the 1990’s. In 2010 alone, however, an Ohio State University study estimated that 1,500 pedestrians had to go to the emergency room for injuries sustained as a result of texting while walking. (  ) A 2012 book by Harvard Business Professor Leslie A. Perlow, Sleeping With Your Smartphone: How To Break The 24/7 Habit And Change The Way You Work (  ) found that many people are perpetually glued to their smartphones for work purposes. The precedent of Prop 60 will equally allow any DA/State’s Attorney looking to add to his or her “win” column, or any witness looking to strike it rich via the Ghetto Lotto to prosecute anyone who sustains an injury as a result of texting for work purposes while walking.

Many people are fans of the adult entertainment industry. Many people are supporters of the adult entertainment industry. As with any outcome this election year, finding a metric that will accurately predict how that fandom and support will translate into votes against Prop 60 is an imperfect science at best. If fans, supporters and the public at large can be made to see that Prop 60, while its language is currently restricted to the adult entertainment industry, can, if it passes, be very easily exploited as pretext that will harm them too personally, they will have an additional motivation, one based on the instinct for self-preservation, to go out and vote No to Prop 60.

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