Cal/OSHA Slashes Kink.com Fines

SAN FRANCISCO — Cal/OSHA has reduced a fine levied on Kink.com for an October 2013 shoot that did not require condoms from $77K to $27K in a decision released today.

The original fine, which resulted from a broad complaint by Michael Weinstein’s controversial AIDS Healthcare Foundation, was found overly ambitious in its calculations. Still, Kink.com — listed as Cybernet Entertainment in the complaint — plans to appeal the decision, which maintains that adult performers are employees, and that performers have no right to refuse a condom.

“We were fined because a performer chose to shoot without using a condom,” said Peter Acworth, founder of Kink.com “No STIs was transmitted on set, let alone HIV. Still, the AIDS Healthcare Foundation used this shoot as an example in their campaign against performer choice, not only bringing the original complaint to Cal/OSHA but fuelling an eight day trial.”

Kink.com said it has the "most articulated and functional performer choice policy in the industry." In addition to strict testing protocols, any performer can choose to use a condom, at any time, and for any reason. Any performer can stop a scene at any time, for any reason, and still be paid. During the shoot in question, the performer was asked both in private before the scene started, and during the scene whether she would want to use a condom. In both cases, she declined.

“Cal/OSHA is applying blood borne pathogen regulations that were created for the treatment of medical waste, not adult film sets,” said Karen Tynan, attorney for Kink.com “Kink follows blood borne pathogen protocols, but an adult film set where everyone is tested should not be held to the same standards as a hospital ward or medical lab.”

The AIDS Healthcare Foundation, which was recently sued for Medicare fraud, has been aggressive in its attacks on the adult industry. Michael Weinstein, head of AHF, has recently filed a statewide ballot measure that would allow him to monitor all adult film shot in California. Performers have consistently fought his attempts to change the testing system, PASS, currently used by the majority of adult companies.

Acworth was vigorous in his defense of performer rights:

“Over the past two years, we’ve spoken up for performer rights, and publicly called out Michael Weinstein and his AIDS Healthcare Foundation for his anti-sex, anti-choice tactics. We’ve called him out for spending precious HIV treatment money on a morality campaign; we’ve fought back against him in the legislature and in the press."

Acworth continued, "While he’s been waging his crusade against adult performers, we’ve been working with HIV outreach groups, public health departments, sex worker rights organizations and free speech groups on regulations that protect performers and their rights. So maybe it’s no surprise that Weinstein has made us enemy number one.”

Kink says it will appeal the decision in the coming weeks.

Related:  

Copyright © 2025 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

New Fansly Analytics Platform 'SlyKiwi' Launches

SlyKiwi, a new analytics platform exclusively designed for Fansly content, has officially launched.

FPNCash Appoints Kimi Evans Head of Business Development

FPNCash has appointed Kimi Evans as its new head of business development.

CamModelDirectory Launches Platform Upgrade

CamModelDirectory has launched its CMD 3.0 platform upgrade.

AEBN Publishes Popular Searches by Country for June, July

AEBN has released the list of popular searches from its straight and gay theaters by country in June and July.

Playboy to Move Global HQ to Miami Beach

Playboy announced today that it will be moving its global corporate headquarters from Los Angeles to Miami Beach.

Bellesa Plus Names Magalie Rheaut as Chief Growth Officer

Bellesa Plus has named Magalie Rheaut as its Chief Growth Officer.

PASS to Relaunch Performer Subsidy Fund

PASS has announced that it will relaunch the Performer Subsidy Fund (PSF) to cover sexually transmitted infection (STI) test panel costs for up to 10 people each month.

Pineapple Support Taps Austin Ponce as Brand Ambassador

Pineapple Support has named Austin Ponce as its newest brand ambassador.

Taylor Vixxen Stars in New DezyRed Interactive VR Game

Taylor Vixxen stars in an interactive VR game from DezyRed.

XBIZ Amsterdam's Jakarta Hotel Sold Out, Additional Hotels Announced

Guest rooms at XBIZ Amsterdam’s host conference venue, Jakarta Hotel, are now completely sold out.

Show More