SAN FRANCISCO — Kink.com late Friday said that Cal/OSHA has alerted them that the studio will face several new citations over its decision to give adult performers choice in using condoms.
The citations and fines, which are expected to be announced by Cal/OSHA by Monday, are the result of what the studio calls “swatting” complaints filed by Michael Weinstein, the proponent of a statewide mandatory condom ballot initiative in California.
“Weinstein is abusing Cal/OSHA to harass his political opponents,” said Mike Stabile, spokesperson for Kink.com. “There were no injuries. These were not complaints filed by anyone on set. They were filed by a man on a computer watching adult videos, looking for an opportunity to strike back against people who opposed a regressive condom mandate.”
Stabile said Kink.com will appeal the citations, as it has similar citations in the past.
He also said that Kink.com utilizes the adult industry STI testing system and allows performers to choose whether or not to use condoms for their scenes.
Stabile said the company estimates that 10 to 15 percent of performers on Kink shoots do use condoms, but many find them difficult or painful to use on long shoots and prefer to rely on the testing system.
Since 2009, Weinstein has filed more than a hundred Cal/OSHA complaints against adult companies and performers in the past five years.
He has frequently singled out companies like Kink.com that have advocated for performer choice, Stabile said.
Performers and directors from Kink.com in February testified at a Cal/OSHA hearing in Oakland over now-failed amended rules over bloodborne pathogens for adult entertainment performers and support staff sponsored by Weinstein, he noted.
Stabile said the complaints against Kink.com are “payback for Oakland."
"This is about silencing and intimidating those who spoke out," he said. “This is selective enforcement based on political speech.”
Stabile said: “Weinstein has repeatedly said that he chooses who to file complaints against based on their opposition to his own desire to see condoms in adult films. Cal/OSHA was created to protect and defend workers, not harass them for political means.”
Karen Tynan, an industry attorney who has defended multiple adult film producers since 2009 including Kink.com, said that performers and production workers are safe.
"There has not been a serious workplace injury on an adult set in 12 years. There is simply no data or substantive reason for this much attention and use of resources by any state agency.
“Frankly, the average California citizen should be appalled that Weinstein wants state employees watching and evaluating porn for their workday.”
Weinstein is the proponent of a controversial November ballot initiative which would allow private citizens to sue adult performers who chose not to wear condoms.
The measure, if approved, could give Weinstein himself the unilateral power to file lawsuits as he so chooses. The bill is widely opposed by performers, businesses and public health advocates.
