On Thursday, March 10, 2016, James Deen responded to the nine safety violations issued by Cal/OSHA against his adult movie production company, James Deen Productions regarding the failure to use condoms and dental dams during female oral sex scenes filmed in California.
I am not ok with the government dictating what people are allowed to watch in the privacy of their homes. 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 is should be deemed illegal. The fines presented against my company are significantly higher and not one person was exposed to or contracted any illness on my sets. I gave the performers the option to perform with condoms however, they desired not to use condoms and I honored their requests. I am just a small production company but intend to do what I can to stand up to AHF and Cal/OSHA dictating to the fans what they should and shouldn’t view in the privacy of their own homes.
The nine workplace violations against Deen’s production company include four “serious” and five “non-serious” or regulatory violations that were issued on March 9, 2016 after a complaint was filed by the AIDS Healthcare Foundation. Neither Cal/OSHA nor any of the performers that work for Deen’s company requested an investigation.
One of the violations deemed “serious” stemmed from a film where Deen performed oral sex on female co-performers and was based on the unsubstantiated belief that oral sex on a female can lead to serious bodily injury or death. While there are a handful of cases of individuals contracting HIV through giving oral sex, there are no known cases of transmission to those receiving oral sex, thus the practice is considered relatively low risk. Another of the serious violations states that James Den Productions failed to maintain a written employer injury and illness program, which the company vehemently denies, stating that evidence of this written program was provided to Cal/OSHA prior to the issuance of fines.
Michael Fattorosi, an adult industry attorney and lawyer for the production company, issued this statement regarding the violations and fines levered against the film maker, “this is nothing more than AHF and Michael Weinstein using the tax-payers of California as well as local and state resources to further their moral agenda. They have and will continue to use Cal/OSHA to enforce their desire to outlaw certain aspects of sexual free-expression. In January, after Cal/OSHA failed to properly serve my client with a subpoena, AHF and Cal/OSHA decided to use a search warrant and five uniformed Los Angeles Police Officers to kick down my client’s front door and conducted a raid of his home, seizing his belongs and even his home security video recording system, possibly in an attempt to cover up their raid. In February, the Cal/OSHA Standards Board decided to vote against new condom regulations and refused to apply these new regs to adult film production, yet, Cal/OSHA’s Enforcement Division believes that the will of Standards Board, comprised of citizens of California, has no effect on their decision to engage in a witch-hunt at the request of AHF and Michael Weinstein. The waste of taxpayer dollars is simply appalling. Is this where the citizens of California want their hard earned money spent?”
Deen maintains that at no point was any adult performer exposed to any disease while working for James Deen Productions and at no time did any performer contract any illness or suffer any injury while working for James Deen Productions. None of the citations issued by Cal/OSHA even allege that there was any actual injury or illness that occurred. The vast majority of the $77,875.00 in fines was for potential exposure, not actual injuries or even an actual exposure to any illness. When comparing the fines levied against Deen’s production company to the fines issued against a San Diego manufacturing company where an explosion left four employees injured ($77,875 vs $58,000) or the fines against a painting company where an employee was electrocuted and killed on a work site ($30,410), it appears that the actions taken against Deen is just another thinly veiled attempt to regulate the sexual behavior of consenting adults.