RECENT DPH REPORT ADDRESSES NON-COMPLIANT OUT-OF-STATE SHOOT IN SEPTEMBER

Yesterday, the California Department of Public Health released information about an incident this past September concerning a performer with HIV working on a non-compliant adult film set in Nevada. This is, however, not a ‘current threat’ as stated in the press release.

At the time of the incident, the Free Speech Coalition immediately cooperated with the Department of Public Health, and called a moratorium to determine if there was any risk of transmission to performers on PASS compliant adult sets. Non-complaint shoots are one of the chief dangers of pushing the adult industry out of state, and outside the established testing protocol.

The shoots in question did not adhere to the PASS testing protocols and were shot outside of the PASS testing database used by adult performers. Not only did this leave those who participated at risk, it made it much harder to track scene partners once the possible infection was discovered.

While the set did use a degree of HIV testing, it fell below the standard set by PASS protocols, including the use of an ELISA HIV tests, rather than the highly sensitive RNA tests required by the industry. The ELISA tests have large window periods that delay how early an infection can be detected, and have not been accepted within the adult industry for over a decade.

Neither did the shoot utilize the PASS database. However, once alerted by the DPH to the incident, the Free Speech Coalition worked swiftly to shut down production within the larger industry and help track any possible exposures in or out of the PASS database. While performers in the PASS database were not affected, participants on the non-compliant shoot may have been exposed.

The adult film industry has been working with government agencies including Cal/OSHA to bring remaining producers shooting outside of the PASS protocols into compliance. The PASS system utilized by the industry is a proven testing protocol that has been effective in preventing any on-set transmission of HIV for more than ten years.

For more information about industry protocols, moratoriums and testing:

https://fscblogger.wordpress.com/2013/12/08/an-faq-about-stis-testing-and-moratoriums/

Measure B Decision will Hurt Performers

The 9th Circuit Court of California announced today that it would decline to issue an injunction to stop the Measure B, the 2012 ballot measure which seeks mandate condoms in adult film produced in Los Angeles County. This latest decision is not a ruling on the constitutionality of Measure B, but rather a decision declining to enjoin the rest of the statute at this time. Previous courts have struck down the enforcement component of the law; this latest ruling does not change that decision.

“While this intermediate decision allows that condoms may be mandated, it doesn’t meant they should be,” said Diane Duke, CEO of the Free Speech Coalition. “We have spent the last two years fighting for the right of adult performers to make their own decisions about their bodies, and against the stigma against adult film performers embodied in the statute. Rather than protect adult performers, a condom mandate pushes a legal industry underground where workers are less safe. This is terrible policy that has been defeated in other legislative venues.”

Los Angeles County has seen a 95% drop in permits since the passage of Measure B, as adult film production has moved into neighboring counties, and out of state, most notably to Las Vegas.

Under standards enforced by the industry, in order to work, adult film performers must test every fourteen-days for a full-slate of STIs, including HIV. There has not been a transmission of HIV on a regulated adult film set in over a decade.

“This decision will hurt performers,” said Duke. “That’s why a broad coalition that includes doctors, public health advocates, performers and performers rights groups came together to defeat similar legislation this summer.“

Plaintiffs in the case are considering all options for moving forward and will make a decision in the coming weeks.

Controversial Condom Mandate Dies in Senate

Performer and Producer Groups Celebrate Successful Battle Against AB1576

AB1576, the controversial condom mandate that was opposed by both performers, producers and civil rights groups, died today in the Senate Appropriations Committee. The bill was the third attempt bill by Assemblymember Isadore Hall to mandate condoms in adult film, and the third to fail.

Diane Duke, head of the Free Speech Coalition, said the industry was pleased with the decision.

“We’re grateful to the members of the Senate who saw this bill for what it was — a bald-faced attempt to exploit performers for political gain. But the assault had an unintended consequences — it unified performers and producers in ways that we haven’t seen in decades. Out of this grows a stronger industry, one not unintimidated by harassment campaigns like AB1576 and Measure B. But the battle is never over. We must continue to work to make sure our workplaces are safe, that our performers have a strong voice in their sexual health, and that we keep a thriving industry in California.”

Opponents of the bill warned legislators that the bill, which was written without input from either performers or producers, would have the opposite of its intended effect, and make sets less safer by pushing them underground. The bill also garnered large amount of opposition outside the industry, including from AIDS and HIV outreach organizations, sex worker rights organizations, LGBT groups, and mainstream publications like the Orange County Register, the LA Daily News and the LA Times.

Appropriations Committee Puts AB1576 On Suspense

AB1576, the controversial condoms in porn bill, was placed in the suspense file today by the Senate Appropriation Committee. Bills are put on suspense file when their cost to the state exceeds a certain budgetary limit. The bill will be discussed further by the Appropriations committee after the state budget is completed, and will be announced with a simple up or down vote later next week.

The implementation of AB1576 was estimated to cost the state between $125K to $150K. The calculated amount does not incorporate any costs related to lost tax revenue or jobs, nor any lawsuits related to the bill. Diane Duke, head of the Free Speech Coalition had the following statement:

“Assemblymember Hall said today that he’s speaking for people without a voice, yet the bill has been overwhelming opposed by performers and performer’s groups. That he could say that with a straight face after dozens of performers spoke out against him is incredible. It’s not that they don’t have a voice, it’s that he’s not listening.

“The more legislators hear about the bill, the more they don’t like it. This bill will have major financial cost for the California, while doing nothing to improve the safety of performers. And it’s not just performers and producers who are opposed to the bill, it’s HIV and AIDS outreach organizations, sex worker rights organizations, LGBTQ organizations, and business organizations. This morning, we had a great anti-AB1576 editorial written by LA Times editor Jim Newton, joining the Orange County Register and the LA Daily News in their opposition to the bill. It’s a broad coalition. Just about the only people fighting for it are AHF and Hall.”

Opposition to the bill includes the Los Angeles Gay and Lesbian Center, AIDS Project Los Angeles, Project Inform, the Center for HIV Law and Policy, the Positive Women’s Network, the HIV Prevention Justice Alliance, the Harvey Milk Democratic Club, the St. James Infirmary, the Erotic Service Providers Union, the Adult Performer Advocacy Committee, and the Valley Industry and Commerce Association (VICA).

“There has not been a single transmission of HIV on an adult film set in over ten years, thanks to vigorous adult industry safety protocols,” says Duke. “Yet the bill has used fear and misinformation to take away performer’s control over their bodies and pushes the industry out of state.”

Assemblymember Isadore Hall Reintroduces Condom Legislation as AB 1576

Free Speech Coalition (FSC) has learned today new legislation that would mandate barrier protection for adult performers was introduce to the California Assembly by Assemblymember Isadore Hall (D – Compton).

The new bill is called AB 1576 and was introduced prior to the deadline for new bills to reach the assembly. This is the third time that Assemblymember Hall has attempted to push through mandatory barrier protection; in 2013, he sponsored both AB 332 and 640 in unsuccessful bids to legislate condom use in the adult production industry.

“This measure will further drive production out of state and create severe hardships for ancillary businesses,” said FSC CEO Diane Duke. “Last year, we were able to defeat AB 332 and 640 by going to Sacramento to lobby. It made a big difference for legislators to see people show up to protest those bills. When we go there again, to fight AB 1576, we will really need the assistance of everyone in the industry – our livelihood in California is at stake.”

The primary advocate for mandatory condom regulations is nonprofit AIDS Healthcare Foundation (AHF), which has supported Hall’s campaigns to have the bills passed into law. This latest attempt to mandate barrier protection usage is the latest development in AHF’s nearly ten-year long campaign to force legislation on the adult industry.

ADULT PRODUCTION MORATORIUM LIFTED

Final Test Results Come Up Negative; Performers May Return to Work After Retesting

The Free Speech Coalition (FSC) and the Performer Availability Screening Services (PASS) announced today that all first-generation partners of the the performer who tested positive last week have been completed. There have been no further positive HIV tests within the performer pool. Production can resume on December 13.

The last at-risk interaction between the performer who tested positive and another performer occurred three weeks ago, on November 21. The testing window for the RNA-Aptima HIV test is 7-10 days. PASS doctors have since tested and retested that performer’s first generation contacts in the performer pool, on-set and off. None generated a positive test for HIV.

As previously announced, all performers must have retested in the PASS system on or after December 5  in order to be cleared to return to work. December 5 is fourteen days after the last at-risk interaction between the positive performer and any member of the performer pool, and beyond the 7-10 day window for the RNA-Aptima HIV test.

“While we understand that a moratorium is difficult for both performers and producers, it’s important that we’re cautious when dealing with HIV,” said Diane Duke, head of the Free Speech Coalition. “For nearly a decade, the combination of moratoriums and testing have been successful at preventing HIV transmission in the adult workplace. However, we must be always vigilant, and work to improve that record.”

The current moratorium was called on December 6, after an adult film performer came up HIV positive during a routine screening. Production was immediately halted while “first generation” contacts (those who had contact with the positive performer that could potentially transmit the virus) were tested. Adult performers are tested every fourteen days for a slate of STIs, including HIV.

Moratoriums are one of the most effective tools we have to protect adult performers, and allow us to stop HIV at the industry gates. We thank the performers and producers for observing the moratorium, and the performer who worked so closely with PASS to identify at-risk partners.

More on adult testing protocols and information on how moratoriums are determined can be found at FreeSpeechCoalition.com

Statement Issued By FSC-PASS on Wednesday, Nov 27

We want to assure you that rumors of an antibiotic-resistant strain of gonorrhea in the adult performer population are untrue and unfounded. No such cases exist in the active tested performer population, according to doctors at each of the testing facilities. That said, as always, we encourage people to be vigilant in their personal lives, and to report any concerns to Free Speech Coalition or an affiliated testing facility.

Also, just a reminder that all testing facilities will be closed on Thursday, November 28 for Thanksgiving. Talent Testing and Cutting Edge Testing will be closed the following Friday and Saturday reopening for regular hours on Monday, December 2. STD Status will have limited draw stations available on Friday, November 29.

We wish you a Happy Thanksgiving.
Sincerely,
PASS and FSC staff members.

Film Permits for Adult Production Plummet in Los Angeles

‘Measure B’ condom law blamed for over $450,000 in lost permitting revenue as shoots, jobs move out of state

According to information from film permitting agency FilmLA, only 24 permits for adult film productions in Los Angeles County have been filed as of their last report in 2013. That number is down significantly from approximately 480 permits filed by this time last year and prior to last November’s passage of Measure B , L.A. County’s controversial condom mandate for adult film productions.

This means that, at an average cost of $1,000 in fees for each permit, L.A. County has lost approximately $456,000 in revenue. Added to this loss, L.A. County is also involved in a costly lawsuit challenging Measure B, which is currently on appeal. And, if the Measure B regulations were implemented, this would mean that L.A. taxpayers would be obligated to pay for a new local agency to serve as “condom inspectors” on adult production sets – an expensive proposition overall.

“We predicted that lost jobs and revenue would be one of the results of AIDS Healthcare Foundation’s (AHF) misguided attempts to police the adult industry,” said Free Speech Coalition CEO Diane Duke. “As a result of the passage of Measure B, hundreds of thousands of dollars in permit fees have gone elsewhere — and that does not take into consideration the jobs and vendor revenues that have followed the productions out of LA County and for some companies, out of the state of California entirely.”

Free Speech Coalition Applauds AHF Employees Protesting Working Conditions

While the non-profit AIDS Healthcare Foundation’s (AHF) leadership under founder and executive director Michael Weinstein continues a self-aggrandizing publicity tour attacking the adult film industry, his own doctors, physician assistants and nurse practitioners staged a protest today at AHF offices over poor working conditions and understaffing that has put patients at greater risk.

“Michael Weinstein has been crusading against the adult film industry while the patients under his care and the medical personnel working for him have suffered the brunt of his neglect as he seeks more publicity for himself,” said Diane Duke, chief executive officer for the Free Speech Coalition (FSC). “If Mr. Weinstein paid as much attention to caring for the doctors and nurses working for him and the patients under his supervision as he does every radio and TV appearance, the plight of AIDS patients in Los Angeles County might be much improved.”

The FSC has long maintained that the crusade by AHF and Weinstein against the adult film industry has come at a high price in terms of the care and level of services provided to AIDS patients, especially those from poor, minority communities where AIDS has been the most devastating, Duke said.

The protest by AHF physicians, nurse practitioners, and physician’s assistants follows a July 31 vote to unionize in an effort to improve working conditions. Among the complaints cited by protesting medical personnel are:

• Heavy handed policies on patient loads and quotas, some as high as 21 patients a day per doctor
• A lack of Spanish-speaking translators for patients
• Patient quota decisions being made by supervisors with no medical backgrounds
• An increased focus on politics and advocacy while clinics see an increase in urgent-care patients

They allege that Weinstein and the organization’s involvement in politics – notably, AHF’s anti-adult industry mandatory condom campaign, as well as its initiative to create a new health department for the city of Los Angeles – have overrun AHF’s mission of caring for patients.

All of this comes in the wake of an audit in which Los Angeles County alleged AHF overbilled the Department of Public Health by $1.7 million in fiscal year 2008-09.

“The Free Speech Coalition has long maintained that Weinstein is more concerned about headlines than providing real care and like any large healthcare provider, making money and driving fundraising is a very real issue for him, which is why he has used a bogus health issue in condoms in filming to drive his media efforts,” Duke said. “It is clear there is no media interview Weinstein will turn down, but there are apparently plenty of patients that will have to wait longer for care at AHF facilities.”

FSC Announces Moratorium To Lift On Friday, September 20

The Free Speech Coalition’s (FSC) PASS (Performer Availability Screening Services, formerly APHSS) Program announced today that the moratorium will be lifted Friday, September 20^th. All performers must test on or after Thursday, September 19^th in order to be cleared to work. Additionally, all performers will now be required to test every 14 days in order to be cleared for work.

“Our industry protocols are designed to be conservative and our doctors support a conservative approach, for the health and well-being of the performers,” said Diane Duke FSC Chief Executive Officer. “That is why moving forward, the physicians have recommended and we have implemented, a 14-day testing protocol.”

The change in policy comes after three performers tested positive for HIV. Subsequent tests of scene partners established that the virus did not originate and was not transmitted on-set, and PASS doctors worked closely with the performers to identify 1^st generation exposures. No additional incidences of HIV have surfaced.

September 19^th marks 14 days since Patient #3 tested positive for HIV. The window period for the HIV RNA Aptima test is seven to ten days, but industry protocols dictate that retests occur 14 days or later as an added precaution.

In addition to the change to a 14-day testing period, FSC’s PASS program plans to work with doctors, workplace safety specialists and performers to support a performer education program.

“We can do more to help our performers learn how to protect themselves, on screen and off,” Duke stated.  “While the increased testing will further ensure safer sets, it is important that we remain vigilant. Going forward, we need to constantly look to both performers, producers and health care professionals to find ways to improve our protocols.”