Adult-film actor/producer James Deen fired back at state regulators yesterday, saying the nearly $78,000 in fines issued to his production company for allegedly failing to protect performers through the use of condoms are excessive and the result of an anti-porn crusade.
Cal/OSHA announced Wednesday it had issued nine citations with fines totaling $77,875 to James Deen Productions, also known as Third Rock Enterprises, for alleged violations noted during a Jan. 12 inspection of a Woodland Hills film shoot. Regulators said the lack of condoms violated the state’s blood-borne pathogens standard, and also faulted the company for failing to provide vaccines or follow-up exams to performers who may have been exposed to hepatitis B.
Deen yesterday criticized the citations and fines, noting that the vast majority of fines were for “potential” exposure, not any actual exposure or injuries. He also insisted that no performers were exposed to any illness or suffered any injuries. He noted that a San Diego company was fined just $58,000 in December for an explosion that injured four employees and a painting company was fined only $30,410 in January 2015 over a worker who was electrocuted at a work site.
“The fines presented against my company are significantly higher and not one person was exposed to or contracted any illness on my sets,” Deen said. “I gave the performers the option to perform with condoms, however, they desired not to use condoms and I honored their requests.”
Deen said the state investigation was not initiated due to any complaints by performers, but by Cal/OSHA directly in response to the AIDS Healthcare Foundation, which has been pushing for state legislation mandating condom use in adult films.
“I am not OK with the government dictating what people are allowed to watch in the privacy of their homes,” Deen said. “This is a case of an outside organization pushing their personal desires and agenda on the viewers of adult entertainment. Just because the AIDS Healthcare Foundation decides they are not comfortable with certain sexual acts does not mean it should be deemed illegal.”
Juliann Sum, head of Cal/OSHA, said Wednesday the agency requires condom use in adult films “to protect workers from exposure to HIV and other sexually transmitted infections.”
AHF officials on Wednesday hailed the citations issued to James Deen Productions.
“We want to thank Cal/OSHA for acting so swiftly on our workplace safety complaint against James Deen Productions and Third Rock by citing and fining Deen, one of the industry’s most well-known producers and adult performers — and the one who is the most vocal critic and prominent public face of the industry in its opposition to condom use,” AHF President Michael Weinstein said. “We also want to recognize and thank Cal/OSHA once again for its unambiguous press statement of February 19th reminding the industry as well as the media of the fact that condom use is — and very much remains — required in all adult film production in California.”