Looks like Proposition 35 is already under fire after winning with a resounding 81 percent of the vote on election night. Prop. 35 increases penalties for human traffickers and requires those convicted of even a misdemeanor to report their Internet provider and user name to law enforcement. A judge blocked this part of the proposition after the ACLU and Electronic Frontier Foundation (EFF) filed a complaint. In addition to sex traffickers, those convicted of prostitution, or indecent exposure (i.e., nude dancing in a bar) will be required to provide the Internet information. The ACLU argues that it violates freedom of speech.
“When the government starts gathering online profiles for one class of people, we all need to worry about the precedent it sets,” EFF attorney Hanni Fakhoury said in a statement.
Facebook chief privacy officer Chris Kelly primarily funded Prop. 35. He believes it will protect children from sex offenders and that privacy for these individuals should not be of concern. It appears that parts of Prop. 35 will be hung up in the courts for a while.
Another interesting sex law that passed on election night was championed by HIV/AIDS prevention providers in Los Angeles. Measure B will now require actors in the adult film industry to wear a condom while filming. The actors, most of whom work out of San Fernando Valley studios, say that it will kill their business. They also point out that they get tested regularly for venereal diseases to ensure health safety.
Industry insiders are confident the law will be successfully overturned on the grounds it violates filmmakers’ First Amendment rights of free expression. If the law sticks, movie producers say they will just move out of the area, taking nearly 10,000 jobs out of the San Fernando Valley. Michael Weinstein, founder/president of the nonprofit AIDS Healthcare Foundation, says he plans to take his condom campaign statewide.
It is going to be interesting to see what happens with this one, but as a provider of services to sexually active youth, anything we can do to encourage the practice of “safer sex” is a big plus.
Sparky Harlan, Executive Director/CEO at Bill Wilson Center, is a nationally recognized advocate for youth in foster care and in the juvenile justice system, as well as homeless and runaway youth.
