Updated: Derrick Burts Claims Prop 60 Opponents Are Spreading Lies

Updated: Derrick Burts Claims Prop 60 Opponents Are Spreading Lies

UPDATED (Aug. 2, 11 a.m. PDT)  Includes reaction to suit from Eric Paul Leue, who leads the anti-Prop 60 group Californians Against Worker Harassment and Free Speech Coalition.

UPDATED (Aug. 3, 3 p.m. PDT) — A Sacramento Superior Court judge signed an order today shortening time for a hearing on Derrick Burts claims. A hearing on his petition will be held on Aug. 10 at 10:30 a.m. 

SACRAMENTO, Calif. — Derrick Burts, the former gay porn star who said he contracted HIV from another performer in 2010, has filed a lawsuit charging certain porn stars and a California lawmaker are intentionally spreading lies about Prop 60 to voters.

Burts, an ally of the AIDS Healthcare Foundation, which is the chief sponsor of Prop 60, said in the suit filed Thursday that opponents — Eric Paul Leue, who leads the Free Speech Coalition as executive director and the anti-Prop 60 group Californians Against Worker Harassment; state Sen. Mark Leno, D-San Francisco; and adult stars Chanel Preston and Nina Hartley, among others — have filed false arguments with California elections officials.

Those arguments are set to be delivered to voters in a ballot pamphlet in August, Burts said in the suit, which seeks for the respondents in the suit “to delete or amend false and/or misleading portions of the ballot argument against Prop 60” before its print deadline of Aug. 15. The suit also seeks attorneys fees.

Burts’ lawsuit, filed at Sacramento Superior Court, focuses on 17 individual claims made by the Prop 60 critics.

"The statements range from outright falsehoods about Prop 60, to misplaced reliance on superseded fiscal findings of the Legislative Analyst, to obfuscation of the measure's private attorney general provision and even to inaccurately naming an organization that opposes the measure," Burts’ suit said.

If passed by voters in November, Prop 60 would not only require condom use in California's porn industry, but also force producers to register with the state and pay for performers to be tested for STIs. Porn producers could also be sued for violating the new safety regulations.

The arguments for and against Prop 60 were revealed by state Secretary of State Alex Padilla, who also is named in the suit.

Burts claims that the letters signed by Leno, Preston and Hartley contain misrepresentations about the impact the initiative could have on California's economy.

Forcing performers to wear condoms would cost taxpayers "tens of millions of dollars" and "give every Californian the right to sue adult film performers," Leno, Preston and Hartley argued in rebuttals.

The opponents claimed in their signed documents that even married couples filming porn in their own home could be sued if Prop 60 is approved by voters, Burts noted in the suit.

Leue blasted the suit, calling it an attempt to intimidate the group, the adult film performers who oppose Prop. 60 "and the growing coalition against the measure."

"The lawsuit asks the court to delete any reference to the lawsuit provisions  in Prop. 60 that we have described in our argument that will be included in the Official Voter Guide," Leue told XBIZ. "Voters deserve to know the truth about Prop. 60.

"This lawsuit is a desperate political tactic to prevent voters from finding out that Prop. 60 allows any resident of California to sue adult film performers, even when the State of California does not find a violation of law," Leue said. "It is ironic that AHF has resorted to filing a lawsuit to prevent voters from finding out what's in the initiative. 

"A lawsuit to conceal that the initiative will result in a  lawsuit bonanza. Clever."

Burts is represented by attorney Bradley Hertz, a partner at the Sutton Law Firm in San Francisco. Hertz has represented the AHF in other legal matters.

Pictured: Derrick Burts

Copyright © 2024 Adnet Media. All Rights Reserved. XBIZ is a trademark of Adnet Media.
Reproduction in whole or in part in any form or medium without express written permission is prohibited.

More News

Clip Page Launches 'Creator Analytics' Feature

Custom content marketplace Clip Page has launched the Creator Analytics feature on its platform.

Violet Myers, Jasmine Sherni Star in Latest From Brazzers

Violet Myers and Jasmine Sherni star with Dyawne Foxxx in the latest release from Brazzers, titled "Trapped and Tapped."

BBWXXXAdventures Relaunches Through Grooby's Blue.xxx

Paysite BBWXXXAdventures has relaunched under Grooby's new website management company Blue.xxx.

UK Performer Rebecca Jane Smyth Passes Away at 51

Veteran British performer Rebecca Jane Smyth has passed away, according to her longtime friend, Tanya Virago. She was 51.

Brazzers Debuts Limited Series 'Gamer Stepmom'

Brazzers has released the first installment of its new limited series, “Gamer Stepmom.”

Vixen Drops Final Installment of Crossover Feature 'Long Con'

Vixen Media Group has released the fourth and final installment of "Long Con," the crossover feature from its studio imprints Vixen, Blacked, and Tushy.

Alyssa Bounty, Angelika Grays & Annalisa Atomic Blonde Star in Latest From MixedX

Alyssa Bounty, Angelika Grays, and Annalisa Atomic Blonde star in the latest release from MixedX, titled “Crimson Hollies.”

Jayne Calloway, Zariah Aura Star in Latest From TransAngels

Jayne Calloway and Zariah Aura star in the first installment of “Clueless and Horny as Fuck,” the upcoming two-part series from TransAngels.

Flirt4Free Announces 'Tease the Season' Holiday Contest

Flirt4Free has announced its Tease the Season promo and model contest, which will run Dec. 21-25.The competition is led by the return of the Snowflake Contest, where models can be gifted digital snowflakes by their fans. The models who collect the most snowflakes by 11:59 a.m. on Christmas Day will win cash prizes.

Melody Marks Stars in Latest From New Sensations

Melody Marks stars with Milan Ponjevic in the latest release from New Sensations.

Show More