Calif. Legislator Calderon Proposes 8 Percent Porn Tax

SACRAMENTO, Calif. — State Assemblyman Charles Calderon, D-Whittier, has set an 8 percent tax on a bill that would impose a tariff on items sold by sex shops, sexually explicit nightclub acts and pay-per-view movies featuring unprotected sex or X-rated acts in a public place.

The bill, AB 1551, was reported by XBIZ in April. AB 1551 would not apply to materials used by schools or sold incidentally in stores, or to nudity in a legitimate theater, ballet, opera, concert or other such performance.

Revenue from the tax would be placed in a special state fund for legislative appropriation to law enforcement, health and other affected services. The measure could raise $100 million annually.

Calderon said he is not attacking adult material, only trying to ease the impact on neighborhoods where sex shops operate.

"I'm not concerned with the morality of it," Calderon said of adult material. "Is it good? Is it bad? I don't know."

Adult industry attorney Michael Fattorosi thinks the bill would be bad for the state of California on a business level.

"I spoke with Calderon about this when we went up for Free Speech Lobbying days. We spoke with him about this bill, and I said it's bad business," Fattorosi told XBIZ. "People talked to him about the free speech issues, and he didn't seem swayed. He was comparing porn to tobacco and alcohol, like a sin tax. I said we have an industry that's worth $4 to $6 billion to the state of California, and if the state is no longer friendly to the adult business, they will leave. There are centers of production — albeit not entirely legal — all over the world. In the age of the Internet, you don't need to be located in the San Fernando Valley any more. Nevada is very business-friendly, and you could lose a lot of business to Nevada.

"It's a legal industry in California, and it earns a lot of money. It generates revenues for the state, and provides for people to buy houses. I would dare say it's the largest employer industry in the San Fernando Valley. It certainly isn't aerospace anymore."

1st Amendment attorney Jeffrey J. Douglas said that lawmakers cannot legally use taxation to attack material they find objectionable.

"Why an 8 percent tax? Why not 18 percent? Why not 88 percent? The courts will not put themselves in the position of saying 4 percent is OK, but 4.5 percent is not," Douglas said. "It's totally inappropriate for government to favor one form of speech over another by using taxation, because of its power to destroy."

The bill also is facing opposition from Republicans who say they oppose tax increases of any kind.

The bill would require a two-thirds majority in each legislative house to pass, so it would need a "Yes" vote from at least six Republicans in the Assembly and two in the Senate.

"I see this as an attempt by Mr. Calderon to appeal to certain social conservative elements within my party as a way to get more money to spend for his special interest groups," Assemblyman Chuck DeVore, R-Irvine, said. "I view the bill more as political theater myself."

A hearing on AB 1551 is pending in the Assembly Revenue and Tax Committee, which is chaired by Calderon.

Copyright © 2024 Adnet Media. All Rights Reserved. XBIZ is a trademark of Adnet Media.
Reproduction in whole or in part in any form or medium without express written permission is prohibited.

More News

Age Verification: FSC's Mike Stabile Reports from the Frontlines

Two years into the religiously-inspired crusade to ban free access to adult material in the U.S. through carefully drafted "age verification" legislation, the constant onslaught of state-by-state proposals and laws — many of them copied from each other — can be hard to follow.

Holiday Products Signs Distro Deal With Emojibator

Holiday Products has signed a distribution deal with pleasure brand Emojibator.

SWPA to Hold Facebook Live Event Next Month

The Sexual Wellness Professionals Alliance (SWPA) will be holding a Facebook Live event on May 1 at 6 p.m. (PDT).

Judge Acquits Backpage Defendants of Most Charges Before 2nd Retrial

A federal judge acquitted former co-owner of Backpage.com Michael Lacey and two co-defendants on most of the counts remaining from the protracted trial launched against the website operators by the Justice Department in 2018.

Georgia Gov. Brian Kemp Signs Age Verification Bill Into Law

Republican Gov. Brian Kemp this week signed into law a bill that includes provisions requiring age verification for viewing adult content in Georgia, mirroring legislation being sponsored around the country by anti-porn religious conservative activists.

Honey Play Box Signs Canadian Distro Deal With EP Products

Honey Play Box has signed a deal with Canadian distributor EP Products.

Cherie DeVille Discusses Doc Johnson Collabs in Vice TV's 'Sex Before the Internet'

2023 XBIZ Performer of the Year Cherie DeVille is featured on Vice TV’s “Sex Before the Internet,” discussing her Doc Johnson celebrity strokers in the episode “Sex Toy Empire.”

Neon Coyotes Releases 'Day Collection'

Neon Coyotes has debuted its latest drop of BDSM wear, the Day Collection.

Ashley Manta Appointed Sexual Wellness Curator at Bspoke

2020 XBIZ Sexpert of the Year Ashley Manta has been appointed a curator of sexual wellness brands and events at Bspoke.

Aylo Asks Judge to Trim Sweeping GDP-Related Lawsuit

Aylo asked a California federal judge during a hearing on Monday to drop trafficking claims from a sweeping lawsuit brought by a former GirlsDoPorn model.

Show More