Judge: Prop 60 Ballot Pamphlet Statements Need Alterations

Judge: Prop 60 Ballot Pamphlet Statements Need Alterations

SACRAMENTO, Calif. — A Sacramento Superior Court judge made a tentative order Wednesday that will force changes on the official ballot pamphlet in regards to Proposition 60.

Sacramento Superior Court Judge Timothy Frawley agreed with former gay porn star Derrick Burts that several of the “No on Prop 60” statements set to appear on voter pamphlets are misleading, including one that the porn condom initiative "weakens safety standards."

Frawley also ruled on another point made by Burts, an ally of the AIDS Healthcare Foundation, which is the chief sponsor of Prop 60.

The jurist said that used an old fiscal estimate from the Legislative Analyst regarding Prop 60's impact and that their arguments should be updated to include the latest figure.

"Nothing in the measure weakens safety standards,” Frawley's tentative order said, according to Courthouse News. “The opponents are free to argue that adoption of the measure will weaken workplace safety, but they may not falsely argue that the measure will weaken safety standards.”

Burts filed suit last month at Sacramento Superior Court in an effort to prevent California Secretary of State Alex Padilla from including the current version of the opponents arguments on the voter pamphlet.

The suit named Prop 60 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.

On Wednesday, Frawley allowed testimony from Preston, despite an objection from Burts' attorney, Bradley Hertz, Courthouse News said.

In testimony, Preston said that Prop 60, if passed, could open her and others up to liability lawsuits particularly because the line between "producer" and "actor" in the porn biz is a murky one.

Preston said that 75 percent of APAC members produce their own content through webcam shows or by marketing films they've performed in.

Frawley's tentative order agrees with the contention that Prop 60 could create a "lawsuit bonanza."

"Whether the measure will allow a 'special interest group' to profit from the proposition is a matter of opinion, as is the question of whether the measure will give rise to an 'unprecedented' lawsuit bonanza. These are not objectively false or misleading statements," Frawley’s tentative ruling said.

Frawley, according to Courthouse News, suggested editing or removing six of the opposing arguments as well as corrections to the titles of those who signed the arguments.

Courthouse News said Frawley's final ruling is expected before the end of the week.

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

2026 XBIZ LA Conference Schedule Announced

XBIZ is pleased to announce the release of the full show schedule for the XBIZ 2026 conference, set to take place Jan. 12-15 at the Kimpton Everly Hotel in Hollywood.

Needemand Joins ASACP as Corporate Sponsor

French startup company Needemand has signed on as the latest corporate sponsor for Association of Sites Advocating Child Protection (ASACP).

Grooby Kicks Off 30th Anniversary With Aubrey Kate Return

Two-time XMAs Trans Performer of the Year Aubrey Kate returns to Grooby for the first time since 2017, starring alongside Chris Epic to mark the commencement of the studio’s 30th anniversary year.

Octavia Red Stars in 'No Need for Men' From Futanari XXX

Octavia Red stars with Ava Amira in “No Need for Men Pt. 1,” from Futanari XXX, directed by studio honcho Romero.

Sofie Marie Fronts Latest From MYLF

Sofie Marie stars with Gunnar Bishop in the latest release from MYLF.

Penny Barber Stars in Latest Episode of 'Mommy's Boy'

Reigning XMAs MILF Performer of the Year Penny Barber stars with Emma Rosie and Axel Haze in the latest episode of Adult Time series “Mommy’s Boy,” titled “A Family That Nudes Together, Stays Together.”

Utah State Legislator Proposes New 'Porn Tax'

A Utah state senator introduced a bill on Monday that would impose a 7% tax on the gross receipts of adult websites doing business in that state, plus require adult sites to pay an annual $500 fee.

'Fan Fav' XMA Award Categories to Be Presented at X3 Expo

In a move sure to electrify fans and creators alike, fan passion will take center stage Saturday, Jan. 17, when the winners of the 2026 XMA Fan Favorite categories are revealed, transforming the closing night of X3 Expo into the event’s most buzzworthy moment.

Sophia Locke, Max Fills Star in Latest From New Sensations

Sophia Locke and multi-XMAs winner Max Fills star in the latest release from New Sensations.

Angel Windell, Cherry Candle Topline Latest 'Lesbian Love Stories'

Angel Windell and Cherry Candle headline the 11th volume of "Lesbian Love Stories" from Girlfriends Films.

Show More