AB-2389

Update: The Adult Industry was successful in stopping AB-2389!

If one good thing came out of Covid, it was that legislators were forced to kill many of their bills to shorten the legislative session. One of the bills cut from the stack was AB-2389 effectively ending the campaign against this bill in a huge win! Thank you to all the industry workers and legislators who made this possible.

Contacting the Labor and Employment Committee!

The next step for AB 2389 in the legislative process is to be heard before the Labor and Employment committee so we are contacting the members of that committee to ask them to stop AB 2389!

While the creators of AB 2389 are working on listening to the industry and may change the bill, we cannot trust them to do what is right for the industry after creating a bill that is so wrong and dangerous.

Now is the time to call the assembly members who will decide whether AB 2389 moves forward and tell them that you oppose this bill! This bill is a violation of our first amendment rights and will criminalize adult industry work in CA by disproportionately targeting low income and minority groups. 

Historically, bills that limit the ability for adult industry workers to start their job, or connect and verify their clients cause them to go into street-based sex work. LA data showed that arrests made for prostitution-related crimes were mostly Black (44.1%), and Hispanic (34.4%).

Online content creators and streaming models make up the majority of the adult industry, and the training is not applicable to these workers who primarily do not interact with employers, clients or coworkers.

This bill will create a registry of adult industry workers under local enforcement that will further criminalize adult industry work and potentially out performers real identities, allowing for further stigmatization, loss of secondary jobs and harassment.

There are many other reasons to oppose this bill and you can read our full position below, even with the amendments we stand against AB 2389 and ask the L&E Board to please stop this dangerous bill!

Read the full bill here: https://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=201920200AB2389

Labor and Employment Committee contact information

D – Ash Kalra https://a27.asmdc.org/committees

  • Capitol: (916) 319-2027

R – Heath Flora https://ad12.asmrc.org/

  • Capitol: (916) 319-2012

D – Wendy Carrillo https://a51.asmdc.org/

  • Capitol: (916) 319-2051

R – Tyler Diep https://ad72.asmrc.org/

  • Capitol: (916) 319-2072

D – Lorena Gonzales https://a80.asmdc.org/

  • Capitol: (916) 319-2080

D – Reginald Byron Jones-Sawyer, Sr. https://a59.asmdc.org/

  • Capitol: (916) 319-2059

D – Luz M. Rivas https://a39.asmdc.org/

  • Capitol: (916) 319-2039

Performers position on AB2389

You can fax this position letter to the L&E Committee by filling out this form: https://tribunus.typeform.com/to/OwiDfc

Assemblymember 

My name is {performer name} and I am writing in opposition to assembly bill 2389 which is before your committee on labor and employment on March 18th, 2020.

I will be impacted by this bill as a member of the adult industry and am writing to help you understand how this bill will affect me and cause undue harm to others in the industry. I was notified of this bill by the Adult Industry Laborers and Artist Association or AILAA, with endorsement from the Sidewalk Project.

According to the authors, this bill is meant to educate and protect workers, while reducing sex trafficking. As an industry worker I can tell you this bill is not supported by the community and cannot accomplish those goals. The true consequences of AB 2389 are barriers that will cause harm and disproportionately affect low income, Black and Latino women and trans workers, while creating records that endanger our lives.

The bill focuses on the need to train employees, but that training is not relevant to most workers required to complete it. Few adult industry workers interact with an employer or even in person with customers. Most work from home through streaming or content platforms and never interact with an employer or client.

For the minority of industry workers that the training is applicable to, it will effectively criminalize our work by creating a barrier that not all workers can overcome regardless of monetary means. This barrier will disproportionately impact vulnerable, low income minority women and trans workers who will be forced to find work without complying. 

For those able to comply, there is already state mandated training under the FEHA. Requiring adult industry workers to complete additional training represents a barrier not present in other industries. 

Historically, similar requirements have caused harm by criminalizing those workers without means to comply. AB 2389 will result in minority workers choosing between compliance or working on the street. This would be much like the industry reaction to SESTA/FOSTA which according to Pike Long of St. James Infirmary, tripled street-based sex work in San Francisco1.

Workers most likely forced into street-based work are primarily disenfranchised minority groups including unhoused community members. These groups are historically over represented in street-based sex work arrests and Lens, M. Trends in Misdemeanor Arrests in Los Angeles: 2001-2017 shows that the arrests made for prostitution-related crimes were mostly Black (44.1%), and Hispanic (34.4%).

Finally, compliance with AB2389 includes record keeping requirements enforced by local authorities. Adult industry pseudonyms are mandatory to keep our identity and families safe. Historically, individuals, and hate groups have harassed and attacked industry workers. Many street-based workers and especially trans workers have been murdered. 

These group’s goals are to ruin our lives, including outing industry workers to their jobs or universities. An industry registry like the one proposed in AB2389 would make these goals easier regardless of promised security. 

Recently in a harassment campaign known as the “Thot Audit” online misogynistic groups spread the false stigma that adult industry workers do not pay taxes and needed to be reported to the IRS for audit. Somehow that stigmatizing language made it into the original bill along with other stigmatizing, and false statements. 

Assembly member, we have been abandoned by legislators, harassed by hate groups, subject to higher rates of suicide, and violent attacks. These consequences are especially felt among our trans and minority siblings. This bill will require irrelevant training and cause more harm than can be imagined. We are begging you to please ensure it does not pass even with amendments.

Thank you,

Sincerely,

{performer name}


References

1.       Steimle, S. (2019). New Laws Forced Sex Workers Back On SF Streets, Caused 170% Spike In Human Trafficking. Retrieved from, https://sanfrancisco.cbslocal.com/2019/02/03/new-laws-forced-sex-workers-back-on-sf-streets-caused-170-spike-in-human-trafficking/ on March 1st, 2020.

2.       Lens, M., Stoll, M.A., & Kuai, Y. (2019). Trends in Misdemeanor Arrests in Los Angeles: 2001–2017. Los Angeles, CA: UCLA.