Adult Performers: Employment Rights
Assembly Member Cristina Garcia- Dem out of Long Beach CA
Assembly Person Cristina Garcia on Twitter
An act to add Chapter 6 (commencing with Section 1710) to Part 6 of Division 2 of the Labor Code, relating to employment.
Yesterday, Assembly Person Cristina Garcia (D) introduced AB2389, Adult Performers: Employment Rights, to the California State Assembly. The bill would require all adult performers, from porn actors and actresses, clip creators, webcam models, and dancers, to pay to be licensed, complete a training program, and submit their fingerprints for criminal records checks. The bill requires all performers over the age of 21 to be licensed, leaving the concern that performers under 21 would be refused licenses and unable to work. The bill requires all adult companies to maintain copies of these licenses for a 3 year minimum. The bill would also require performers to keep their licenses with them at all times, and be subject to inspection at any time, including at their homes. Below, we break down the verbiage of the bill with a summary of concerns and issues with this dangerous bill.
Assembly Person Garcia states that the state currently regulates other industries against sexual violence and harassment in the workplace. She believes since local jurisdiction covers adult entertainment businesses, they can create licensing requirements for performers. This bill would prohibit adult entertainers or performers from working at an adult entertainment business or working in an adult entertainment video unless they have a valid business license.
If passed, beginning July 1, 2022, this bill would require all adult performers, including porn actors, adult performers, dancers, and webcam performers in the state of California to complete a specified training program regarding safety and working rights for adult entertainer workers every two years. The bill would have the Department of Industrial Relations create the training program and to convene an advisory group, which they claim would be made up of adult performer representatives. The actual language of the bill only allows for 2 adult performers and 3 dancers, with the other half of the committee being other professionals. This committee would be appointed by the governor of California.
The bill would specify the training curriculum and the Department of Industrial Relations (DRI) issue a certificate of training completion to the entertainer or performer upon completion of the training. The bill would authorize the DIR and local business license issuing authorities to enforce the training and recordkeeping requirements.
Assembly Person Garcia is asking that this bill applies to every city in the state of California. Because of this, the bill would require state-mandated local programs to enforce and regulate each city. Since the State of California’s constitution requires the state to reimburse local authorities under the mandated rule, the state must reimburse those local agencies. This means the taxpayers will be covering these costs.
IN AB2389, Garcia states” Education on safety and working rights for adult entertainment workers is necessary because, in the absence of such regulation, significant criminal activity has historically and regularly occurred, and depression and suicide rates have risen. ”
The world around us has seen a rise in addiction, depression, crime and suicide. The statistics of our industry, that she states are in the 100,000’s, have shown historically low rates compared to the outside world. Thanks to the work of our Guild, PINEAPPLE Support, and other groups, the suicide rates have decreased immensely.
AB2389 also states” It is necessary to prevent the exploitation of minors in the adult entertainment industry, to ensure that those workers have not assumed a false name that would make regulation of the worker difficult or impossible and to ensure that those workers are not involved in criminal activity. It is also necessary in order to ensure that the worker is not a victim of human trafficking and may legally work in the United States. “
When she mentions “legally work in the United States,” it rings concerning due to immigration issues and rights, and the current administration’s deportation of workers. On Assembly Person Garcia’s website, she states “ As a Latina woman, Cristina knows firsthand the inequality facing our communities and will stop at nothing to change it!” Our community faces inequalities on a daily basis, and AB2389 continues this discrimination.
More than once, we are referred to as a criminal element. To suggest this about our community, as legal tax-paying workers, is inappropriate and discriminatory. We are made up of mothers, fathers, registered voters, and we pay our taxes.
Performers who work at any adult entertainment business (dancers) , or who work in ANY adult entertainment video ( porn stars, clip creators ), or webcam performers, according to AB2389, will be required to obtain a valid business license or permit from their local business license authority, and they have to complete the training program. This means all cam performers and clip performers who create content on such sites like Onlyfans, or AVNStars, would be required to obtain these licenses and complete the safety training, even if you don’t perform with others, at your own expense.
All performers, dancers, and webcam models would be required to keep your license on you at all times, while they enforce these rules. This means if you webcam from home, at any time an enforcement agent could appear at your house to check your papers. Companies such as Onlyfans, ManyVids, and webcam companies like Streamate or Chaturbate, will be required to keep these licenses on file for at least three years. This means companies would incur the costs of keeping massive amounts of data safe.
The advisory committee who decides who gets licensed and who doesn’t would consist of-
2 members with “adult film experience”,
3 members with dancing experience
2 medical doctors
1 license therapist
1 licensed money manager
The final 10th position is not mentioned, leaving us questioning why? We suspect it’s being held for an anti-trafficking position.
The bill also allows for each Governor appointed member to be paid $200 per day for each day they “actually spent in the discharge of official duties, and shall be reimbursed for travel and other expenses necessarily incurred in the performance of official duties. The payments in each instance shall be made only from funds appropriated in the state budget to the Labor and Workforce Development Agency and shall be subject to the availability of money. ”
The training will be required for the issuance of the license as well as every time you renew, however the verbiage is confusing and may contradict itself. The license is set to renew every two years, yet the training which is said to be required at renewals, is every three years after initial training completion. Does this mean training is done in the middle of a license cycle?
A major concern of this bill is the mention of adult performers ages 21 and over. There is zero mention of performers 18-21, suggesting you can’t get a license if not 21!!! This is concerning because this may signify legislation upcoming, to limit the age of adult performers to 21 and up.
The training, per AB2389 would consist of –
(1) The rights and responsibilities of adult entertainers and performers as employees. ( their version)
(2) Reporting workplace injuries, including physical and sexual abuse and sexual harassment.
(3) The risk of human trafficking and how to report suspected human trafficking.
(4) Resources for assistance, including any applicable hotline
telephone numbers.
(f) The requirements for this training shall apply to all licenses
or renewals on or after July 1, 2022.
THESE ARE ALL ISSUES THE UNION HANDLES, WITHOUT GOVERNMENT OVERREACH, EVERY SINGLE DAY!
“ (i) Each adult entertainer or performer shall also obtain a Live line 10 Scan fingerprinting as part of completing the initial training.”
The most alarming issue regarding AB2389, is the requirement to give our fingerprints as workers! As we were earlier regarding as a criminal element, they now want to scan your fingerprints to be sure.
Finally, the state basically accuses our industry of exploiting children, and says this is why this legislation is necessary.
“SEC. 3. The Legislature finds and declares that the prevention of exploitation of minors in the adult entertainment industry, as
well as for the other reasons stated in Section 1 of this measure,
are a matter of statewide concern and is not a municipal affair as
that term is used in Section 5 of Article XI of the California
Constitution. Therefore, Section 2 of this act adding Chapter 6
(commencing with Section 1710) to Part 6 of Division 2 of the
Labor Code applies to all cities, including charter cities. “
If this all alarms you, it’s time to fight back and join YOUR UNION TODAY!
