Attorney Michael Fattorosi: Condoms Are All About Product Placement on the Tube Sites

Jayden James and Jayden Cole have a show on The Toad Hop Network called Sex Squad. According to the show’s description they give listeners an inside look at the adult film industry, invite their girl friends in to discuss the latest adult news, their experiences on various movie sets and share stories from feature dancing at strip clubs all across the country.

They also touch on the subject of their various entrepreneurial adventures, and interact live with the listeners to answer any questions they may have about sex, porn, or any other aspect of their lives. Nothing is off limits with these witty beauties.

Tuesday night their guest was attorney Michael Fattorosi who’s been perhaps the most outspoken critic of LA’s Proposition B. Fattorosi maintains a blog, www.adultbizlaw.com in which he offers daily updates about legal issues affecting the adult entertainment industry.

Prop B, as you might imagine, was the subject of the show.

“You need to vote ‘No’ on B,” Fattorosi kept stressing.

“You cannot negotiate with terrorists, and that’s what we’re dealing with.”

Fattorosi has been an attorney for 16 years and in adult for eight. His clients represent a wide spectrum of the industry from DVDs to Internet to camming to dating to escorting.

Naturally, he’s often asked how he was drawn into the business.

Fattorosi while he was still in law school met a woman.

“We started hanging out and started dating. She was the grand daughter of man named Milton Luros. Milton Luros [a former illustrator turned adult-magazine publisher] is the man who founded the industry in the San Fernando Valley. He came out here in the Fifties and started up several mens magazines starting off with nudist colony magazines.”

Luros who brought the Kama Sutra into the US, was involved in three major US Supreme Court cases.

Fattorosi would go to Luros’ house for family dinners.

“It was cool because being a new law student you’re really into the law and you’re fascinated by anything legal. We would just sit around and talk about the industry and the laws in the industry and how he fought these cases and got arrested. It really got my interest up. I never really thought about being a porn lawyer.”

“I was never really a fan of the industry,” Fattorosi added.

“I was never a person that sat around and watched porn.”

Fattorosi gets law students and career development people from other law schools contacting him about becoming a porn lawyer. Some law students have even contacted him about internships, saying they’d even work for free.

Cole said the first time she was on a porn set she was taken aback.

“It was so new and different, and I never thought I would end up there.”
Cole went on to describe that she and James are good friends but also have a sexual relationship.

“We started off working together- that’s how we met.”

James who’s been Tweeting about the condom issue said she couldn’t imagine dental dams being required for lesbian scenes.

Although everyone in the industry is paying attention to Measure B, Fattorosi stressed that there already was a condom law in California.

“That’s the Cal/OSHA laws and that fight’s been going on for awhile. The last meeting, I think, was in June 2011 in Los Angeles. A lot of performers showed up. From what I understand the California OSHA regs have been sent to Federal OSHA for approval. I could be wrong about that. But that would be the next logical step after that meeting.”

According to Fattorosi the Cal/OHA regs are worse than the Ballot Measure B regs.

Cole noted that authorities recently came on one of Porno Dan’s sets when they could have been better served catching child molesters.

“Cops have been coming on sets ever since people started shooting porn,” Fattorosi agreed, condoms notwithstanding.

“It’s still about film permits and it’s been about film permits for awhile. I’ve been called to sets where police have shown up, they hopped the fence, they’ve come through back doors and they start inspecting and searching. Usually that gets reported by a neighbor who sees a bunch of girls in hot clothes and bags. They think it’s a brothel or a house of prostitution.

“The more recent stuff is more about getting set-up for the condoms,” Fattorosi continued.

“The police had been going to Porn Dan’s set; what we’re going to see, if there’s enforcement of this, is more and more of that. And we also have the LA permit law. So we actually have three condom laws which is overkill and kind of ridiculous. You almost have to have a map to tell you where am I shooting and what law applies to this town?”

The law would also apply to married partners and would regulate webcamming as well.

“What’s up with the goggles, the spit and the sweat and exchange of fluids?” Cole wanted to know.

“It will be much harder to withstand a constitutional challenge if they go after a married couple,” Fattorosi pointed out.

“I suspect that they won’t go after camming but it would be very easy for them to do that. What people don’t realize is when you sign up for a cam site you usually give your address. And that cam show is a static show. So you’re doing that show live at your house.

“The cops can literally turn on a computer and see a live show happening and get in their squad cars and go over to your location and bust you as its happening.”

Asked what the possible consequences of all this are, Fattorosi replied, “fines…and jail time.”

“I don’t understand where this is coming from and the whole point of it,” puzzled James.

“The whole point is the Aids Healthcare Foundation is run by a man, Michael Weinstein,” Fattorosi continued.

“He believes that testing is nothing more than surveillance and the only legitimate prevention of HIV or STI’s is a condom. And that’s his one goal in life- to have everyone wear a condom as often as possible. And that has probably been his only goal since AIDS Healthcare Foundation has started. His desire to have mandatory condoms goes back years.”

Fattorosi also pointed out that Weinstein in 2000 tried to force West Hollywood into mandatory condoms.

“He lost that by the way.”

James said the industry is very good at self-policing.

“But people [outside the business] don’t know that,” argued Fattorosi.

“The typical scene doesn’t start with you exchanging tests with another girl or guy.”

“What’s the problem?” asked James.

“They want to send a message,” Fattorosi replied.

“They want to use porn as product placement for condoms.”

Fattorosi, paraphrasing an article Weinstein wrote some time back, said they [Weinstein & Co.] need to be there at the moment people decide to have sex…they want to be in that moment with them. That way they can influence their decision to have safe sex.”

“By putting that product into porn, he’s getting that message across.”

In a message that’s been repeated quite often in the past couple of weeks, Fattorosi noted that during a meeting conducted by [now] LA City Councilman Paul Koretz in 2004, Weinstein said that pushing condoms was going too far.

“He said the industry was better at dealing with HIV in porn than even the AHF.”

The one significant change the industry has undergone in that period are the Tube sites, Fattorosi added.

“Companies like Manwin are saying you’re getting 60 million views a day. That’s a big reason for Weinstein to step up and say let me stick condoms into those 60 million views a day so I can spread this message across the world through using porn on free tube sites. He wants people to see the message of condoms being used. It’s not a warning label. It’s not a disclaimer. He wants the condoms in the product.”

James offered the what’s good for the goose is good for the gander argument, that all police officers and Weinstein should be regulated to use condoms in their personal lives.

Fattorosi said he’d like to see Larry Flynt offer a $1M for someone to come forward and say Weinstein doesn’t use condoms in his personal life and that part of the Weinstein initiative is to train ‘em when they’re young, in their formative years.

James says she gets Tweets from 13 year-old guys telling her she’s their favorite star.

“Can I get arrested if I re-Tweet that?”

Should Proposition B pass, Fattorosi was asked what he envisioned for the industry.

“I don’t view the industry as a porn industry,” he declared.

“I view it as a sex industry. When you start looking it as a sex industry, it’s making just as much money as it used to, if not more. It’s just being divided up differently. The money is going to different people and that will continue to happen. The maturation of any industry is that technological advances come and they change things. People who keep up with them survive and dinosaurs die it.”

“Is porn still going to be shot? Absolutely. Where will it be shot? That’s the question. Along with who will be shooting it. These are the issues that will change over the next three to five years. It’s going to fundamentally change the industry but camming has already changed the industry.”

With all the talk about the industry moving if condoms are mandated, Fattorosi offered this: “The industry is not going to move until the talent moves.”

“The home to the industry is where the talent resides because they are the backbone of the industry. You can move a company anywhere. That’s not the home to the industry. If all the talent picked up and moved to Vegas that would be the new home of the industry.”

“I have clients who have production companies in whatever state they’re in, but they come to Los Angeles to shoot because it’s legal here. Then they go back home with their content, edit it and they put it up on their websites. So you still have to call this the home of the industry as long as people need to come in and shoot.”

A caller-in raised the issue of jurisdiction.

“This is another thing they’re not telling you about the law,” responded Fattorosi.

“This all means nothing until it’s ratified and adopted by all 85 cities within Los Angeles County. Even if it passes on the 6th, it doesn’t become law in the incorporated areas of Los Angeles County. It only becomes law 10 days after when it’s certified by the Board of Supervisors.

“It only becomes law in the unincorporated areas which are the deserts, the mountains, the hills…it’s nonsense because every little town, Glendale, Santa Monica, San Fernando, Culver City all of these little towns then have to address this issue in front of their town councils and they have to adopt this law and make it part of their municipal codes.

“Quite honestly? Even though November 6th is the election we literally could be battling this law for three years or months to come. There’s a lot of little cities that may want to become the next home of porn. And they may decide not to pass this. So the industry may move, but it may only move down a highway.”

“Then it’s no big deal,” said the caller.

The big deal, reminded Fattorosi, is that this issue is a violation of someone’s human sexual rights.

“From an industry standpoint, if we can defeat this it shows that the industry still has a lot of political clout and that means a lot of things. That makes us more formidable. Right now we’re getting picked on.”

Asked if there was a chance of beating Proposition B, Fattorosi said the polls shown by AHF have it 2 to 1 for passage.

“I have a poll on my website which is probably skewed because anyone coming to a porn lawyer’s website probably likes porn; but that’s showing a 2 to 1 against it.

“When you talk about something like a ballot measure there’s not a lot of people who are that educated about ballot measures before they walk into the voters’ booths. So when you have two choices it’s like flipping a coin. Quite honestly, I think what we need to do is hit that 15% of the people that could take us from a 35 or 36% rating to a 51%.

“I still think there’s a chance to beat this. I really do. It’s not that hard.”

Fattorosi said what people on the outside find hard to believe is that violation of this mandate could put someone in jail for six months.

“They say that’s friggin’ ridiculous.”

“That’s overreaching,” adds Fattorosi. “It’s a misdemeanor crime not to use a condom if this law passes.”

James wondered what would happen if anyone in the industry just agreed to use condoms and let the consumers deal with it.

Asked if the industry could sell as much porn with condoms, Fattorosi said you were talking to the wrong person, but, judging by Wicked’s success, absolutely.

“Wicked proves it. Do I think there’s people who won’t watch it? Absolutely. The one thing I can tell you about porn, is, if it’s something that someone can jerk off to, they will watch it.”

Fattorosi said he’s got a client who does pedal-pumping.

“It’s just her trying to start a car pushing down on the pedal. No nudity. Nothing sexual. It’s just a damsel in distress. There’s a market for everything.”

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