Updated: Derrick Burts Claims Prop 60 Opponents Are Spreading Lies

Updated: Derrick Burts Claims Prop 60 Opponents Are Spreading Lies

UPDATED (Aug. 2, 11 a.m. PDT)  Includes reaction to suit from Eric Paul Leue, who leads the anti-Prop 60 group Californians Against Worker Harassment and Free Speech Coalition.

UPDATED (Aug. 3, 3 p.m. PDT) — A Sacramento Superior Court judge signed an order today shortening time for a hearing on Derrick Burts claims. A hearing on his petition will be held on Aug. 10 at 10:30 a.m. 

SACRAMENTO, Calif. — Derrick Burts, the former gay porn star who said he contracted HIV from another performer in 2010, has filed a lawsuit charging certain porn stars and a California lawmaker are intentionally spreading lies about Prop 60 to voters.

Burts, an ally of the AIDS Healthcare Foundation, which is the chief sponsor of Prop 60, said in the suit filed Thursday that opponents — Eric Paul Leue, who leads the Free Speech Coalition as executive director and the anti-Prop 60 group Californians Against Worker Harassment; state Sen. Mark Leno, D-San Francisco; and adult stars Chanel Preston and Nina Hartley, among others — have filed false arguments with California elections officials.

Those arguments are set to be delivered to voters in a ballot pamphlet in August, Burts said in the suit, which seeks for the respondents in the suit “to delete or amend false and/or misleading portions of the ballot argument against Prop 60” before its print deadline of Aug. 15. The suit also seeks attorneys fees.

Burts’ lawsuit, filed at Sacramento Superior Court, focuses on 17 individual claims made by the Prop 60 critics.

"The statements range from outright falsehoods about Prop 60, to misplaced reliance on superseded fiscal findings of the Legislative Analyst, to obfuscation of the measure's private attorney general provision and even to inaccurately naming an organization that opposes the measure," Burts’ suit said.

If passed by voters in November, Prop 60 would not only require condom use in California's porn industry, but also force producers to register with the state and pay for performers to be tested for STIs. Porn producers could also be sued for violating the new safety regulations.

The arguments for and against Prop 60 were revealed by state Secretary of State Alex Padilla, who also is named in the suit.

Burts claims that the letters signed by Leno, Preston and Hartley contain misrepresentations about the impact the initiative could have on California's economy.

Forcing performers to wear condoms would cost taxpayers "tens of millions of dollars" and "give every Californian the right to sue adult film performers," Leno, Preston and Hartley argued in rebuttals.

The opponents claimed in their signed documents that even married couples filming porn in their own home could be sued if Prop 60 is approved by voters, Burts noted in the suit.

Leue blasted the suit, calling it an attempt to intimidate the group, the adult film performers who oppose Prop. 60 "and the growing coalition against the measure."

"The lawsuit asks the court to delete any reference to the lawsuit provisions  in Prop. 60 that we have described in our argument that will be included in the Official Voter Guide," Leue told XBIZ. "Voters deserve to know the truth about Prop. 60.

"This lawsuit is a desperate political tactic to prevent voters from finding out that Prop. 60 allows any resident of California to sue adult film performers, even when the State of California does not find a violation of law," Leue said. "It is ironic that AHF has resorted to filing a lawsuit to prevent voters from finding out what's in the initiative. 

"A lawsuit to conceal that the initiative will result in a  lawsuit bonanza. Clever."

Burts is represented by attorney Bradley Hertz, a partner at the Sutton Law Firm in San Francisco. Hertz has represented the AHF in other legal matters.

Pictured: Derrick Burts

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

FSC: Age-Verification Laws Go Into Effect South Dakota, Georgia, Wyoming on July 1

The Free Speech Coalition (FSC) has published a statement regarding new age verification laws set to go into effect tomorrow in South Dakota, Georgia, and Wyoming.

TTS Opens UK Testing Location

Talent Testing Service (TTS) has opened a new U.K. location in Ware, Hertfordshire.

Leana Lovings, Shay Sights Front 'Substance' Parody From Brazzers

Leana Lovings stars with Shay Sights in the latest release from Brazzers, a parody of "The Substance.”

FSC Responds to Supreme Court Decision on Texas AV Law

The Free Speech Coalition (FSC) has released a statement responding to last week's Supreme Court decision on FSC v. Paxton, the Texas age verification law.

Sex Work CEO Debuts Upgraded 'GPTease' AI Assistant

Sex Work CEO has introduced the new Canvas in-chat editing feature to its AI-powered, NSFW text generator, GPTease.

Little Puck Stars in Latest Episode of 'The Bottom Floor' From Adult Time

Little Puck stars in the second episode of Adult Time series “The Bottom Floor,” titled “The Second Coming.”

Haley Spades Stars in Latest From Immoral

Haley Spades stars with Charlie Dean, Matt Bird, and Dean Van Damme in a new three-part release from Immoral Productions, directed by "Porno Dan" Leal.

Octavia Red Makes Her Vampired Debut

Octavia Red has made her Vampired debut alongside Talia Mint and 2023 XMA Europas Female Performer of the Year Tiffany Tatum in the new feature “Hunters.”

Lily Starfire Fronts Latest From Brazzers

Lily Starfire stars with Kyle Mason in the latest release from Brazzers, titled "Eating Ass Is the Game."

Country Hotwife Makes Her WIFEY Debut

Content creator Country Hotwife has made her debut for Vixen Media Group (VMG) studio imprint WIFEY, alongside her husband StagHubby and former XMAs Male Performer of the Year Isiah Maxwell.

Show More