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Porn By The Numbers

By the Numbers

Porn By The Numbers

by Elaine Costellano

Adult Industry to James Deen - You're Fired !!!

This Issue of Porn by the Numbers looks at a recent development in what seems to be the never ending press release stream from Owner/Director/Performer James Deen.
Subject: Deens Recent Action/ Publicity Ploy 
Action:  Complaint filed with Cal/OSHA
Against: MMA - Bellator (Mixed Martial Arts)
For: - Violation of Rule 5193 BBP- Blood Borne Pathogens
and OPIM- Other Potentially Infectious material.
Specific Incident: - None/NA
This blog, more than my previous, will reflect my opinions. I have naturally done a little homework prior to writing this. I will list the reference items at the end, which you will be able to find links to the opening pages of the areas I researched. They are located on my twitter account at @ecostellano. 
James Deen seems to have self appointed himself as the representative mouthpiece of the Adult Entertainment Industry, being quoted widely using phrases like "We in adult want" "We wont" and so forth. Its clear he attempts to position himself as a "leader" of all those who are  fighting the evils that the AHF continues to try to impose on the Adult Industry. Outside of a "founding member" reference on the APAC (adult performer advocacy) website page, I cannot find where he represents anyone, except, himself.
If it walks like a, quacks like a..............
At face value there is not much I understand about why in the world Deen would re-open this already bloody wound, so I tried to do a little background on the players involved, what possible motives and intended gains are going on here? How does he justify using the EXACT  tactics that the AHF (Aids Healthcare Foundation) used to have him raided and subsequently fined?
MMA, Boxing, Hockey, Football and so forth, are NOT the same as adult in terms of reality/risk. To put this simply, we are talking about the difference between Certainty and Possibility.  The Rub: with MMA, there is a "Possibility" of exposure. With Adult Performance there is a "Certainty" that exposure will occur.
Without going into the bs detail of OSHA guidelines, I cannot see how pointing the finger at others in neighboring entertainment industries is productive. When trying to gain support or asking for cooperation, better if you're NOT haphazardly sacrificing others in the process. 
There isn't anything in this action I can find that helps to bring to light, or help protect the rights and or safety of those performing in adult. I guess it could just be sour grapes, Deen wanting others to suffer alongside him for his own deeds
I don't really need to speculate much here, this as far as I can see, is a pure publicity play, with a zero sum result. 
I would be remiss if I didn't mention Deens attorney Michael Fattorosi, who has been quite vocal on a number of forums regarding his clients(Deen) ongoing saga. Im not going to go into great detail here, as this is piece is not about Fattorosi. Let me just say, this guy is All over the place. As an example; in my homework I came across an exchange between Fattorosi and Don Houston (of Xcritic) where Fattorosi is trying to make a case that STD'S are NOT transmitted via oral contact. (its quite a read watching a "legal mind" go down in flames) Again, (in the same search) I find where Houston is posing opposition to Fattorosi who was threatening legal action against all other adult content producers who did Not use condoms (on behalf of his client Dan Leal a couple years ago)? Sadly to quote Houston, this guy is a "Gun for Hire" "Beliefs for Sale" type of lawyer, which in the end really does hurt an Industry that constantly struggles with crediblity. It is clear to me that even though he sells what he is saying under the guise of  protecting or helping the safety of adult entertainers, he clearly could care less.
The Time Line--
Nov 28th-30th - Rape allegations made public 
Dec 8th - Deen responds to allegations w/ "baffled"
Dec 8th - Cal/OSHA serves notice to Deen 
Dec 10th - OSHA announces investigation of Third Rock Enterprises
Dec 15th - Deen tells Cal/OSHA to shove it 
Jan 8th - Cal/OSHA raids Deens Home/Set 
March 9th - Cal/OSHA - AHF release a statement regarding what they were looking for -- w/ "workplace violence" language leading, BBP violations. Fines of 77k announced. 
Mar 10th - Deen Responds to Cal/OSHA w/ denial and offensive effort
May 17th - Deen re-initiates w/new action/complaint against MMA Bellator (major mixed martial arts promotion)
Given the above timeline, the first question that comes to mind is: Is this about Cal/OSHA attacking  the adult industry, or just James Deen? For me, it's clear that Deen opens the door here, if not dares OSHA to take action given his response to the rape allegations, and his response to workplace safety. Why else does OSHA use the language "workplace violence" as something being looked for?
OSHA is not out there systematically raiding and fining adult content companies, studios, and producers. So, it begs the question, why here, why now? The other very notable raid/fine fest coming to Kink, a major (EX) employer of Deens. The answers for some of these questions I believe lie in looking at this from a kind of cause and effect style approach. 
Whether or not you believe Deen guilty of the rape allegations, the fact that 2-3 of his accusers are very credible indicates there is absolutely a problem here,(how ever you want to define that) the word coincidence not finding a place in my dictionary.
That Deen uses the EXACT method the AHF utilized is the most notable part of this. The very thing that he has called "abuse of taxpayer money" and has so publicly critized.....he becomes a participant in. Incredible. 
I can only speak for myself and the small group I work closely with in adult content, but I say I don't appreciate Deen SELF appointing himself as my leader/voice. His blatant disregard for the damage he is doing to the very industry that supports him, is for me, unacceptable.
In summary, I guess this action wasn't intended to make sense. (frustrating). It would seem that Deen is attempting the do some form of damage control from the (normally career ending) very ugly PR that occurred around his rape allegations.
Clouding the issues at hand is, I believe, Deen's marketing attempt to help us all forget he has a real problem with abuse (in one form or another). For me, when someone is willing to sacrifice the very industry that feeds him for a simple feeling of vindication or coming out "On Top", says it ALL.
The way to deal with bad PR is to deal with it head on, not dragging everyone you know into buying into your newly designed martyr hero image. 
Since you don't seem to want to step down (self appointed types rarely do) off the soap box Deen, I've appointed myself your boss. Oh, and by the way, You're Fired! 💣💥
CA Athletic Commission
CA State Bar
MMA Bellator (mixed martial arts promotion)
Third Rock Enterprises 
LACSC (LA county courts online)

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