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 © 2026 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

Aylo Wins Preliminary Injunction Against Utah AV Law's VPN Rule

A federal court on Thursday issued a preliminary injunction preventing the state of Utah from enforcing a legal provision that would make adult websites liable if minors in the state circumvent geolocation efforts in order to bypass age verification.

Ofcom Investigates Pornhub's Device-Based UK Age Checks

U.K. media regulator Ofcom has opened an investigation to determine whether Pornhub parent company Aylo’s use of device-based age verification complies with the U.K.’s Online Safety Act.

'Studio Vanniall' Launches Through PAYSITE

Vanniall's official website StudioVanniall.com has launched through PAYSITE.

France Weighs Ban on Purchase of 'Remote' Sexual Services

The French National Assembly is considering a proposal to criminalize the purchase, and/or facilitation by online platforms, of sexual services performed remotely by streamers and custom content creators.

YourVids Launches Customizable Subscription Feature for Creators

YourVids has rolled out YourFans, a service that allows creators to design customizable subscription tiers, from which they receive 100% of the revenue.

Jennifer White Launches Official Site, Debuts 1st Release

Reigning XMAs Female Performer of the Year Jennifer White has launched her new website, JenniferWhite.com, and announced the upcoming release of the first feature-length title from her new production company.

Adult Game Fest Announces Nominees for Inaugural Awards Show

Organizers of the inaugural Adult Game Fest virtual trade show have announced the nominees for their inaugural awards ceremony, taking place Saturday, Sept. 26, at 5 p.m. (PDT).

Byborg Enterprises Joins Pineapple Support as Sponsor

Byborg Enterprises has joined the ranks of over 70 adult businesses and organizations committing funds and resources to Pineapple Support.

XBIZ 2027 Hotel Room Booking Now Open

Hotel booking is now open for XBIZ 2027, giving attendees the opportunity to secure their stay at the host venue, JW Marriott L.A. Live.

FSC Case Against Tennessee AV Law Can Go Forward, Court Rules

A U.S. district court on Tuesday denied the Tennessee attorney general’s motion to dismiss a Free Speech Coalition lawsuit challenging the Protect Tennessee Minors Act.

Show More