Sigh....Another Month, Another HIV Porn Scare, And Another False Flag

I know....the blog has been kinda sparse of late, because of both a lack of news and my night job interfering with my ability to post on issues. My sincere apologies for that.

This past week, though, was more than enough to break out of the mothballs with yet another potential HIV scare delivered at the adult media industry. Fortunately, like most of the previous scares, it has a somewhat happy ending, but not without its controversy.

On this last Wednesday, the Free Speech Coalition stunned the industry with a rushed announcement that a "precautionary hold" on porn production would be imposed for three days, pending the outcome of testing for a possible HIV infection that may have took place outside of California. The semi-moratorium, shall we call it, was precipitated on an alert by an unidentified state health care official that a perfomer (probably ex-performer, though that status was unclear) that had been confirmed with HIV who didn't use the protocols of the PASS system of testing, might have had sexual contact off set with another performer who did regularly use the protocols. This triggered the usual procedure of testing both the current performer and all his first-generation contacts, as well as this "precautionary" moratorium as a stopgap.

Keep in mind, this is different from the usual procedure regarding FSCPASS protocols, where a full moratorium is declared whenever there is a positive or reactive HIV test, pending the results of confirmatory and first-gen tests. In this case, the semi-moratorium was declared as a precaution, so that testing of the individual performer and his recent contacts could commence. Since the Aptima tests that FSCPASS uses generally posts results in 48-72 hours, it was thought that 3 days would be enough of a period to perform the testing...hence, the brief length rather than the full 2-week moratorium.

The only fly in the ointment, figuratively speaking, was that one of the first-gen contacts of the performer was not originally available for testing due to being out of the state/country....so everything had to pushed forward through the weekend. Hence, FSCPASS on Saturday announced that the "semi-moratorium" had to be extended through Monday to tie up the loose ends. Michael Whiteacre of The Real Porn Wikileaks gives a thorough explanation of the reasons for the delay here, in response to critics.

Thankfully, everything seems to have turned out OK, because yesterday afternoon, FSCPASS announced that everyone had been cleared, the performer pool had not been contaminated, and that the moratorium was officially lifted; allowing production to resume.

Nevertheless, there has been some grumbling from the usual sources that: either FSCPASS acted too soon to lift the moratorium before the risk could be fully accessed, because people can lie to officials about their sexual contacts; or all this was a ruse to fill FSC's coffers.

Personally, I have my own druthers that this was all a false flag campaign by the AIDS Healthcare Foundation's usual groupies to contaminate the adult performer pool, and use the resulting fear to once again sell the condom mandate. The fact that AHF shill Isadore Hall used the brohaha to announce his intentions to run for a California State Senate seat (Hall is term-limited out of his current Assembly seat), is just a bit too coincidental. Also, Shelley Lubben has briefly diverted from her crusade miming Belle Knox to pass a comment about another "scare".

In any case, all's well that ends well....I'm guessing, though, this won't be the last attempt to game the system by far.

And Away We Go Again: Another Potential HIV Scare, Another Moratorium...Another Nail In The Coffin For Condomless Porn??

Here. We. Go. AGAIN.

(August 28, 2014) – Free Speech Coalition (FSC), the adult industry trade association, called for a production moratorium today after one of the testing facilities in its PASS testing system reported a possible positive HIV test for an adult performer.

“There was a positive test at one of our testing centers. Confirmatory tests are not yet back but we are taking every precaution to protect performers and to determine if there’s been any threat to the performer pool,” said FSC CEO Diane Duke.

“We take the health of our performers very seriously and felt that it was better to err on the side of caution while we determine whether anyone else may have been exposed.”
The next steps will be to perform additional tests, determine a timeline, and identify any first generation partners.

“We want to make sure all performers are protected. The performers’ health and safety is the most important thing,” Duke added.

As of this notice, FSC calls for all production to halt immediately, until further notice.

As this only broke yesterday afternoon, speculation is running rife about the identity of the affected performer, how or if she got infected (or whether or not this may be a false positive), and whether or not the impact of this new moratorium will be enough to undercut performer solidarity in favor of mandatory condoms. However, the following is known information, based on actual verifiable sources (and documented over at The Real Porn Wikileaks blog):

1) The initial reactive test results were preliminary; confirmatory testing has been done on the affected performer and all her 1st-generation on-screen partners, with results due to be released later today at the earliest.

2) At least four major performers have been verified to be part of the 1st gen quarantine list, and have been tested. That does NOT mean that they are indeed infected, just that they have engaged with the performer most directly isolated. Since 2004, it should be noted, there has not been one case of any performer getting infected with HIV on set.

3) According to Michael Whiteacre over at TRPWL, the affected performer is in her 30's, has performed for around a year in adult, has maintained a regular two-week testing regimen with FSCPASS (including a full panel of testing at the beginning of the month), and is romanticaly involved with another performer.

(Per BPPA policy, we do not and will NOT ever reveal the name of any potentially infected performer or 1st gen partner without direct permission or until they themselves feel fit to reveal themselves publically. Any attempt to reveal such info via comments or linkage on this blog will be immediately deleted and/or redacted.)


Not surprisingly, all the usual peanut gallery rogues are at their loudest squawking tones about how this latest "infection" proves once and for all that only condoms can protect performers from HIV; and that the FSCPASS protocols are an abject failure for HIV prevention. Then again, they were pitching the same BS for the last two or three "outbreaks", and they were proven so wrong.

At least this time, there are sane voices out there calling for calm and solidarity.....the newly formed performers' group Adult Performers' Advocacy Committee (APAC) released a timely and well structured statement on the latest scare that deserves reprinting in its entirity for its depth of common sense and reason in the face of the fear and psycho terror that must be affecting a lot of LA performers.

APAC is requesting that all adult performers honor PASS’s call for a moratorium and treat each other with compassion and respect during this time.

When an industry moratorium, especially one related to HIV, occurs, performers are often concerned about their health, the health of their co-workers, their financial security, and public perception of the porn industry. Fear and mistrust are understandable reactions. Desire for facts and belief in rumors when no facts are available are also understandable reactions.

The only facts available at this time are that a positive HIV result has been reported to the FSC and that a call has been made to stop all production while a confirmatory test is done.

The Adult Performer Advocacy Committee’s mission is to support the safety, happiness, and well-being of individual performers, and our community. Therefore we stand against blaming specific performers for contracting HIV, and we encourage them to take steps to ensure HIV- negative scene partners are not exposed. We also firmly stand against any homophobia (ie blaming “crossover” performers or gay studios) in a time of industry moratorium.

APAC is asking all performers to refrain from exchanging body fluids during this moratorium. This includes girl-girl only performers, trans performers, “gay” performers, queer performers, and “straight” performers, and includes performers based out of Los Angeles, San Francisco, Las Vegas, Miami, New York, and anywhere else adult productions are shot in the United States or with performers who have recently been here. This also includes trade shoots and recreational activities.

The blending of gay and straight performers; transgender and cisgender performers; queer, homo- and heterosexual sexualities; is an increasing reality in our industry. There is no “gay” or straight” industry, even if there are straight and gay audiences.

HIV is not transmitted by gay people to straight people, it is transmitted from a positive partner to a negative partner by very specific sexual acts that are not specific to sexual orientation.

This request to honor the current moratorium is made for the safety of our community as a whole and for your safety. Regardless of your feelings towards the FSC or any other entity in the adult film industry, we believe this is the right thing to do.

APAC is also asking fellow performers to show compassion towards each other and to our unnamed peer who is currently waiting for the results of their confirmatory test. Their entire life has just been turned upside down and shaken. Any one of us could be in that person’s shoes. Think about what it might be like to be in those shoes before you point fingers, throw accusations around, or tweet about who you might guess they are.

As performers, it is our responsibility to understand how HIV is transmitted and to show care for other performers. At APAC, we offer resources on HIV and STI education and a private, performer only platform for performers to support and discuss concerns about moratoriums with each other.

Moratoriums are an opportunity for performers to be a voice of reason and stability about sexual health, to educate ourselves, and to show care for each other.

When moratorium-related concerns turn into anxious blame or trying to figure out whose “fault” it is, performers are pitted against one another.

When these concerns are instead played out as care for one another, our industry and the community of performers becomes stronger.

APAC encourages performers to reach out to their existing support systems, and to remember we’re all in this together and should be able to lean on each other.

Personally, I think that this is the direct effect of laws like Measure B coming back to bite some asses hard by driving performers underground into less safe ventures. A part of me that's more into conspiracies might see the hand of the AIDS Healthcare Foundation in all this, paying and supporting "moles" to infect performers "off-the-clock", or introduce HIV+ "crossover" performers into the adult performer pool in order to poison it, and use the insuing panic and terror based on the fear of an outbreak and the loss of livelihood during the moratoria period to push their "condoms only" agenda. (That's solely MY opinion, not reflective of anybody else here at BPPA.)

But, that's not important right now. The real thing at the moment is to remain calm and await the results of the testing, and then act accordingly as to what the legitimate level of threat really is. This could be bigger than what took place in 2004 with Darren James; it could also be a false positive. Or, it could be just like many of the other "outbreaks" we've seen these last two years: an isolated off-the-clock event that was caught before anyone else got harmed.  What we will see, we will see.

HIV Porn Panic 2014: Cameron Bay Goes Interviewing With TRPWL's Michael Whiteacre To Clear Herself, But Raises More Questions Than Answers

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AB 1576 Clears California Assembly: Time To Hit The Panic Button Now??

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Why People Living In Glass Houses With Busted Septic Tanks Shouldn't Talk Sh*t About Others: Mike South Exposed As A Hypocrite...And WORSE

Blowback can be a real bitch sometimes. There is a saying: The things you do and say will come back on you, like bad food. Whichever end it comes out of, however, says a lot about you.

For amateur porn producer and profoundly loud critic Mike South, that saying is even more prescient today, in the wake of current events.

Michael Whiteacre over at The Real Porn Wikileaks has been running a fine series of articles there exposing South for the hypocrite and double talker he seems to be.

Most of you know Mike South as one of the most verbiose critics of the Free Speech Coalition's testing protocols and of certain performers in the Los Angeles-based porn industry. Along with his protege, "President" Rob Black, he has been on a rolling campaign from his North Georgia base to support the drive to mandate condoms in all porn shoots, while all along smacking his lips about how superior he is in locating and shooting talent.

Needless to say, that "superiority" took some major crotch blows this week, thanks to Mr. Whiteacre and TRPWL.

It began with an expose post last week where TRPWL relayed the story of a performer named Jessica Chase, whom had attempted to shoot some porn with South in Atlanta for his websites (and for possibly creating a website for her), only to experience all sorts of hell. The actual article goes into full detail of what Ms. Chase endured; here's just a brief sample:

Jessica Chase picks up the story from there:

I go down there with him, we stay at Lindsey Lovehands (who is a sweetie). Come to find out, she had no idea that we were supposed to be shooting (only South knows how that happened as he set up the shoot because it was for [our] website). She and I get it together the next day and do our two shoots (one for her site, one for mine).

I let South know I was upset when I found out that there were no more shoots. So I ask, “What shoots do I need for my site that I can actually do?”

“Oh, a bj video,” he says. I’m like, “why didn’t you bring this up when I had a room full of guys, one being a male friend when I shot the Bukkake for you?” I didn’t get a straight answer other than,” You can shoot your bj video with me.” I declined, due to the fact that he is supposed to be a producer, not talent, and frankly I’m not stupid, so I angrily left Florida and returned to Ohio.

And so it was that Mike South didn’t get his blow job.

As for the matter of the COD package sent via UPS, unsurprisingly there’s more to that, too:

About half-way back I remember my company airbrush tanning equipment is at his house, where I had stopped to follow him to Florida. He had ridden his bike, so I took my airbrush equipment etc. out of my car to make room for his stuff. I text[ed] him to let him know, to which he said that he would ship it COD to me once he returned home from Florida.

He found he had to pay money to ship his photography stuff, etc back to his house, as he couldn’t fit it on his bike, and thus began a huge Mike South tantrum. This tantrum included not giving UPS correct addresses his nor mine, even after I told him my address again and what needed to be done.

The article provides support through emails and texts provided by Ms. Chase to TRPWL.

For his part, South simply dismisses Ms. Chase as a "bimbo" and a "dumb bitch", and responded to the original article with his customary "Consider the source".

Problem for him was, that was just a foreshock, albeit a decently sized one. Yesterday, came the proverbial follow up, and it was The BIG ONE in comparison.

In the follow up piece, Whiteacre expounds on Jessica Chase's travails with Mike South to reveal what could be one of the greatest hypocrisies of all time: The man who incessantly attacks the porn industry for not meeting his high standards of HIV/STI protection, not only doesn't follow his own standards, but actually violates them with impunity.

Turns out that in those shoots that Ms. Chase did with South for his sites, he only used a quick instant swab test (OraQuick) for HIV, provided for by the male "talent" (who was also not even paid for their efforts, BTW), instead of the expanded testing regimen (HIV-Hepatitis A/B/C-Chlamydia-Gonorrhea-Syphilis) required by the FSC-PASS protocols. And..he didn't ever require condoms, either.

In fact, for one particular shoot, South allegedly even blew off the fact that Ms. Chase's testing period had lapsed beyond the 28 day period, and told her not to retest, though she offered to do so, because he didn't deem it necessary....because there was no "penetration" in his scenes. "Penetration" in this case refered to vaginal and anal sex; the scene actually shot was a "blow bang" featuring oral sex and facials.

It would be deliciously ironic were it not for the fact that the same Mike South was blasting out posts galore busting LA's porn scene for not mandating condoms and doing more to protect their talent from the apparent STI pandemic that was supposedly ongoing. Or, that the same Mike South had the sac to label as a "moron" and an "idiot" a 30 year veteran of porn and a certified registered nurse whom had more knowledge about STI prevention on the ground than he could ever get.

But, even all that pales to the most ironic aspect of all this: the entire point of the South/Black/AHF condom mandate campaign is to effectively destroy and dismantle the FSC-PASS testing regime and replace it with mandatory condoms reinforced by "local" decentralized testing that would be "free" and based on the OraQuick HIV swab method...in short, the very system that South used against Jessica Chase.

Never mind that the proposed CalOSHA "bloodborne/sexually transmitted pathogen" regulations would also ban facials and require condoms for oral sex acts as well (unless the performers involved take Hep C vaccines and are cleared by approved medical personnel); I guess that South would probably consider that a win since that would shoot down competition for his amateur porn market. If those regulations were adopted by his own state's OSHA, though, South would be out of business....and let's not also forget the fact that Georgia isn't exactly a porn friendly state, either.

And as for South's claim that his "commom sense" approach would beat across-the-board universal testing in screening out STI+ individuals....well, I'll just let Michael Whiteacre hit that knuckball of a lie out of the park in conclusion (bolded emphasis added by me):

And how does Mike South claim he prevents STI transmission on set?

No system is perfect but common sense goes a long way….maybe that’s why in 20 + years in this industry not one person on any of my shoots has ever contracted any kind of STD. Ever.

But then I won’t shoot just anyone either, I have an interview process and if I don’t like her answers (or his) I don’t care how hot they are I ain’t shooting them.

I can’t think of a girl I didn’t stay in touch with for quite some time after we shot, but that’s because (partially) I interview most of them in person at least twice prior to shooting so we kinda becomes friends.

South on LIB, April 25, 2012

So, Mike South claims he has special powers: the ability to determine someone’s STI status, or their scene partners’ risk of contracting an STI, based on talking to them twice.

As I told South at the time, “Those are anecdotes, Mike, not data, You know better. It also assumes the performers in question actually know where they caught it and/or desire to tell you. That’s not science and it’s not logic either.”

Setting aside the fact that, without a universal testing AND monitoring/surveillance system that could access records of the test results of all performers with whom he worked both before AND AFTER they worked with him, South could not possibly know for certain whether any of his performers had ever contracted an STI.

Does South honestly expect anyone to believe that 20 years ago when, for example, he shot scenes in hotel rooms at adult conventions, when testing was not what it is now — and new talent went from room to room shooting scenes — some performer showed him even a one or two-day old test, and he can somehow be 100% sure that “not one person on any of [his] shoots has ever contracted any kind of STD”?

People lie about their STI status, people can be mistaken, people can fail to get a follow-up test, etc — it is exceedingly difficult to determine where a sexually active person who is doing scenes contracted an STI, or transmitted an STI – but it is scientifically impossible to know this if one can’t look at a tests for EVERY performer before and after the scene. People walk around with STIs for YEARS without knowing they even have them.

And when Mike South tells people not to bother getting tested, they WON’T find out.

It was just this kind of "Trust us" mentality that led to Marc Wallace, Darren James, Derrick Burts, Mr. Marcus, and Cameron Bay/Rod Daily. And if folk like Mike South get their way and get to dismantle the testing protocols that have worked, there will be plenty more.

How To Destroy Your Reputation And Alienate An Entire Industry In One Day: The Horrible MindGeek/Twistys TOTY 2014 Fix

This isn't necessarily the normal bit of subject matter for BPPA, but since we cover the industry as much as we defend it, it's important to tell the tale when we think it is doing wrong as when it warrants defense.

The adult Internet is now in full flame over the events of the last two days concerning the former glamcore website Twistys.com, and their apparent railroading of their most recent Treat of the Year contest to reward one of their owner's contract models at the expense of the actually deserving models.

The Real Porn Wikileaks' crack (no, not that kind, folks) reporter Michael "Deep Throat" Whiteacre is on the case with a full synopsis of the sitch posted there...but for you, here's the abbreviated story:

Twistys was one of the most successful "glamcore" porn sites, which featured women doing mainly solo and girl/girl scenes, which made them different from the usual boy/girl and "gonzo" sites like Brazzers and BangBros, which were owned by the conglomerate Manwin.

But then, Manwin ousted their original president, rebooted themselves under the name MindGeek, and bought out Twistys, bringing in new management. And, apparently, they concluded that glamcore wasn't their cup of tea, and that Twistys should be bought to heel and introduced to the porn ticky tacky formula of cheap profits and b/g scenes.

Which brings us to their recently completed 2014 Treat of the Year contest, which was supposed to be a fan-voted election where members of the Twistys forum would have the final say in selecting a winner and a runner-up. The prize was a cash award and a paid trip to Costa Rica to do a rip-roaring scene.

Given Twistys sterling reputation, plenty of their models and former TOTY winners turned out to show out for the votes.

Ultimately, the voting concluded, and a winner was announced. Nicole Aniston got the most votes, and was awarded the prestigious award. The runner up, OTOH, wasn't so simple...and that's where I turn the mic over to Mr. Whiteacre:

According to Alexandra, after the voting ended Rob informed her that Nicole Aniston had received the most votes, and Vanessa Veracruz had come in second.

Elle, he said, had come in third, beating Sophia Knight — also a girl/girl-only performer — by one vote.

"Rob" refers to the now former production manager at Twistys (more on that anon). "Elle" is model Elle Alexandra, who, like Vanessa Veracruz, is a strictly girl/girl performer.

Two sources inform TRPWL that Aniston, who had not shot boy/girl content in some time, agreed to work with a male performer in Costa Rica on the condition that Twistys bring Veracruz on the shoot as well.

Veracruz told TRPWL that she worked very hard on this year’s contest — arranging giveaways of DVDs and 8×10 photos.

“I put in a lot of time and effort to connect with fans on a daily basis,” she said.

Alas, all that effort was cast aside by the Twistys upper management, because $$$$ (emphasis added by me):

Rob reportedly took to the forum to post that Aniston was the winner and Veracruz the runner-up specifically because he didn’t want the MindGeek brass to pass off boy/girl performer and Mindgeek contract star Madison Ivy — who had placed fifth at best —  as the contest’s actual runner-up.
Eventually, however, management indicated they would compromise: seeking boy/girl content, they would bring Ivy to Costa Rica, but would still honor Veracruz’s standing as legitimate runner-up.

So, the model who paid a considerable cost in time and money to actually finish second in a model contest must defer to the model who finished at best out of the pack, because promoting your contract model overrides a fair vote in your own contest?? That would be outrageous enough in any form.

But even that "compromise" was apparently not good enough for MindGeek/NewTwistys, because...

That was everyone’s understanding until this morning — when the Twistys site saluted Aniston as Treat of the Year, and Ivy as runner-up.

 And to further emphasize MG/NewTwisty's sudden urge to send the "We make and remake the rules here, sluts" message:

And, in what appears to be a bit of proactive damage control, the link to the Twistys forum — which is overrun with complaints about the contest — was removed from the Twistys homepage.

Turns out, MG had arranged for Ivy's shoot in Costa Rica well in advance of even the TOTY vote; they even paid to fly her to the shoot location before making the announcement of Madison's "win". Apparently, the faux MENSAs who now run MG must have thought that Madison Ivy, who is legitimately popular and well honored as a performer, would get more than enough votes in any contest to win. But, when their lack of knowledge and familiarity with the history of Twistys and their glamcore legacy came back and bit them on their asses, they responded like most big conglomerates when faced with a rebellion from one of their subsidiaries: Crush it like a grape and reestablish your power...and then destroy the evidence.

The backlash has been predictably swift and deep. Vanessa Veracruz, the scorned and jilted rightful runnerup, is firing back at MG/NewTwistys with a #BoycottTwistys campaign, seconded by many of her sister models. Others, like Elle Alexandra, have fired their own volleys back, saying that they would never model ever again at that site. (In Alexandra's case, not by choice, since NewTwistys revoked and canceled her upcoming shoots following her complaints.)

NewTwistys' "So sorry, we are out of fucks to give; we run our own company and stay your asses out of our business" reaction certainly don't help defuse the situation, either. They managed to banish all critics -- including even some past TOTY participants and winners -- from their forum....and then, they even shut down the forum itself, claiming "ongoing maintenance". Riiiiight. Also, "TwistysRob" resigned his post in protest, and now operates his Twitter account under a new name.

This is exactly the kind of corporate idiocy and disrespect for the models/performers who create the content for companies like MindGeek and Twistys that allow the likes of Gail Dines (remember her??) and Shelley Lubben the tiny bit of legitimacy to slam the porn industry as a meat grinder. It's even more unfortunate because MindGeek/Manwin has actually done positive things for the industry through their contributions to the Free Speech Coalitions's PASS protocols, their support for improved talent STI testing, and their opposition to the condom mandate campaign.

Maybe it's time for a new Danni Ashe to emerge to show the Porn Industrial Complex how it should be done. I have my idea for who could step up to the plate....but that's only me.

Condom Mandate Update: CalOSHA "Landmark" Ruling In Treasure Island Media Case Seals The Debate On Condoms In Porn...Or, Doesn't.

Interesting event happened on Friday that might have some major bearing on the entire Condom Mandate battle in Los Angeles County....and beyond, even nationwide.

In 2009, the AIDS Healthcare Foundation filed a grievance with CalOSHA against a San Francisco-based gay porn production studio, Treasure Island Media, in which they claimed that by not using condoms as part of their scenes, TIM was in violation of the "bloodborne pathogen" standard requiring the use of "barrier protection" in all scenes as a means of STI protection. Never mind that no one in any one of those scenes were found to be HIV- or STI-positive, or to have been infected with HIV or any other STI as a result of those scenes; the point was, according to AHF, to establish CalOSHA's power to impose the condom mandate at will against any porn production company statewide. CalOSHA had sanctioned TIM in Feburary of last year with two violations of the standard, to which TIM appealed to CalOSHA's built-in judicial appeal process.

Well...last Friday, CalOSHA Administrative Law Judge Mary Dryovage made her ruling on the case; siding with CalOSHA and upholding the sanctions against Treasure Island Media. In her ruling, she essentially rehashed the standard AHF propaganda points that condoms were the only true means of preventing disasterous outbreaks of STI's, and that porn performers absolutely must be regulated as "employees" for their own "protection", and have condoms forced on them for their own "good".

Naturally, AHF is crowing loud about this "landmark" decision, saying that it effectively ends the debate on condoms in porn by establishing CalOSHA's inevitable right to regulate bareback porn out of business. Here's AHF's spokesperson Ged Kenslea, riffing on, via proven AHF sycophant...errrrrrrrrr, LA Weekly regular columnist Dennis Romero:

AHF spokesman Ged Kenslea told us that one of the most important aspects of the ruling ...
 ... is its affirmation that performers are indeed employees due protection under under workplace safety rules. The group has long argued that federal law prohibiting exposure to bloodborne pathogens such as sperm at the workplace applies to California's adult performers.
The industry has said that porn stars are very part-time workers who paid per "scene" as independent contractors.
The ruling by Judge Mary Droyovage wrote that, without condoms, there is "substantial probability that employees would suffer serious exposure resulting in serious physical harm or death if violation occurred."
Kenslea said AHF's stance is that the ruling applies only to condom use and that it does not mandate dental dams, surgical masks, eye protection, gloves and other gear feared by the industry.
The case involved a "bareback" sex tape by Bay Area studio Treasure Island Media. The video featured multiple partners on film, none apparently using condoms. Treasure Island appealed Cal/OSHA's sanctions, leading to the ruling.
The AHF was "a catalyst for" the ruling, Kenslea said, because the case included a complaint from the organization. He said he was surprised the studio appealed.

The decision was also praised by yet another even more pro-AHF sycophant, former producer Mike South, who breathlessly repeated the same old AHF talking points that this all but clinched the condom debate....not to mention that not only could Cal-OSHA could set the rules regarding the condom mandate, but because their rules could be expanded nationwide by the federal OSHA, they could be enforced everywhere in the US. In other words, to rephrase AHF President Michael Weinstein's well quoted saying: "Whereever they go, we will follow them."

Case closed, then?? Ahhhhh....not quite.

There is another side of the story, of course, and The Real Porn Wikileaks just so happened to get Treasure Island Media's response to the ruling and subsequent barrage of BS from AHF.

For starters, they noted that while Judge Dryovage did sustain the original CalOSHA sanctions, she did significantly reduce the fines involved: totally eliminating the fine for one count (from $9,000 to $0); and reducing the fine for the other count from $9K to $6,300.

And secondly, they loudly announced that the principle of defending sexual freedom demanded that they further appeal the decision to an even higher court. Here's attorney Karen Tynan, who represents TIM, speaking via TRPWL:

[...] “Having the fines lowered by a total of nearly two-thirds is a very significant win for us,” said Karen Tynan, Treasure Island Media’s attorney.


Tynan went onto say, “We will be appealing the decision with a Petition for Reconsideration on the grounds that the decision was unsupported by the facts.” Among the issues regarding the sufficiency of evidence: Cal/OSHA’s star witness was a disgruntled former employee who had been terminated in 2010 and their medical expert was an osteopath (a branch of medical practice that emphasizes the treatment of medical disorders through the manipulation and massage of the bones, joints, and muscles.) who last treated communicable diseases almost twenty years ago.

Apparently, AHF went to the tried-and-true tactics of antiporn crusaders of yesteryear: the old "OMG...OMGOMGOMGOMG...the SHOCK AND HORROR of such disgusting, nasty, filthy buttsexin' goin on!!!" card.

At issue was The 1000 Load Fuck, directed by Morris. The 2009 video pushes the envelope, taking porn into taboo regions of the forbidden and depraved. In a bold and unprecedented experiment, one young man voluntarily takes a gallon of semen up his ass.

“We watched the video over and over and over. Then we watched it in slow motion, reverse, and paused it on almost every frame,” said TIM General Manager Matt Mason, who testified for almost a day and a half and withstood hours of cross examination by Cal/OSHA attorney Kathryn Woods. “The state prosecutors took special interest in the turkey baster and the liquid fun in that scene.”

In effect, AHF used this movie the way antiporn prosecutors used Ira Issacs' alleged scat videos, or Gail Dines used "gonzo" porn: as a means of shocking and scaring and shaming "aberrant" sexual practices to illicit the usual response of anger and disgust and "There outta be a law against that!!!" meme. Or, in this case, "They better cover that up with a condom!!!"

It remains to be seen how the appeal process will resolve this case...or if this "landmark" decision really is the end of the line for bareback porn....although, I'm sure Isadore Hall and Michael Weinstein are already writing the speeches that Hall will use to integrate this ruling into their next legislative attempt to force Measure B statewide, or to aid CalOSHA to craft the ever evolving "bloodborne pathogen barrier protection" regs as a wedge to be imposed nationwide.

And, I'm just as sure that those who perform and enjoy bareback porn -- whether gay or straight or bi or whatever combination thereof -- will equally battle to defend their freedom and right to do so.

Either way, this isn't over, by any means. Stay tuned.

HIV In Porn Panic, Round Three: Now With 150% Extra Porno Dan Blowback!!

Good to the ness.

So, now we have Porn Panic #3 for 2013, as on Friday the Free Speech Coalition's testing group PASS announced that a performer had tested positive for HIV, and a new moratorium is now in place, pending the prerequiste testing of first-generation partners.

Of course, the usual fear and panic has enabled the usual peanut gallery of rogues to call for mandating condoms in porn as the only alternative....but if you know this space, you know why those arguments are simply bogus.

The Real Porn Wikileaks has been the go-to source for updated info and background during this current debacle, and at least FSCPASS has been out in front from the very beginning. (A particularly timely essay by FSC CEO Diane Duke explaining the moratorium process can be found here.)

For now, it seems like this event isn't going to explode like the Cameron Bay/Rod Daily fiasco; since the affected performer has been fully cooperative with the process; and since the protocols put into place was followed, there are fewer first-gen performers to locate and test. So, it's looking like he was the only one affected, and there has been no on-set transmissions.

However...that doesn't mean that this event hasn't produced its own fireworks. When the original announcement of the positive test came out, there was the usual firestorm on Twitter from some second-level performers screaming that this latest proved the total failure of the FSCPASS system, and that only condoms would provide the better means of protection. (One such performer announced that she would only shoot condom only from here on...though she had been generally inactive from shooting porn in the past year anyways.) The AIDS Healthcare Foundation put out their usual "How long, oh how long,will we allow this industry to skip the law?" BS press release, but otherwise they have been a bit quieter than usual.

And then, there was Dan Leal of Immoral Productions.

Saturday night, FSCPASS updated that they had obtained and tested all the infected performer's first-gen partners, and that it appeared that the moratorium would probably last only a week at most when all the test results would be posted. Apparently, that was enough for "Porno Dan", because right after that announcement, he tweeted this bit:

Keep in mind, folks, that Immoral Productions has been very much in the spotlight in the Condom Wars; they have been a direct target of Los Angeles County health officials, having had their facility raided last year under the guise of Measure B; and "Porno Dan" has been pretty outspoken about both abiding by the law and about the current outbreaks.

However, this attempt to jump the FSCPASS moratorium falls under a not quite so thinly veiled agenda of undermining FSC, aided and abetted by many of the same agents that have historically not played so well with that particular agency.

After getting absolutely fricaseed and gangslammed by industry heavyweights such as Julia Ann, Axel Braun, Melissa Monet, Keiran Lee, and Brad Armstrong, among others, Leal reacted that he was just stirring stuff up, and that he would not challenge the moratorium after all. But, he got off these parting shots at Diane Duke and the FSC:

Funny, but I didn't know that FSC was obligated to get the approval of LATATA or Talent Testing Services in order to enact a measure intended to protect performers from getting infected with a potentially life-threatening disease. Plus, wasn't one of the main criticisms of the FSC during the Bay/Daily fiasco that they acted too quickly to lift the moratorium and resume shooting before all of the testing processes had been resolved??

I guess maybe that Dan Leal would much prefer Michael Weinstein determining production, then??

Don't get me wrong here, the issue of who should control performer testing is an important one, and agents, production companies, and performers should have a healthy and free debate on that matter.

When a performer becomes infected, however, all debate and infighting should cease and desist, and the focus should be placed on two issues: comforting and assisting to the full extent possible the performer(s) affected, and rallying to protect the other performers from getting infected. Anything else become simply distractions that only aid and abet the goals of Michael Weinstein and the Condom Fascists.

And in the meantime, perhaps this will fiinally galvanize the industry to unify themselves towards a single, standardized testing and screening regime for ALL performers, reinforced by full reimbursement of fees for testing, AND a pool of insurance to cover all the costs of treatment and care for those who do get sick. Either the industry gets off it and fights for their performers, or AHF and the government Condom Police will take over..with not so healthy results.

See also Dr. Chauntelle Tibals' essay on accountability here.

Dan had cited no specific medical basis for his decision, other than a subsequent tweet to the effect that he knew something the rest of us don’t. Regardless of any medical rationale, however, the political and perceptual problems caused by a public display of division on an issue of such magnitude would, as members of the adult community quickly noted, play right into the hands of those presently at war with the adult business.
Most industry veterans who spoke to TRPWL offered a simple theory to explain Dan’s move: the goal was to underscore and foster disunity, and to make the point that he and certain “others” opposed adult trade association Free Speech Coalition’s stewardship of industry matters.
In short, insiders viewed it as a purely contrarian move; an opportunistic volley in an industry power struggle. Few thought he’d actually go through with his promise to resume shooting.
- See more at: http://therealpornwikileaks.com/porno-dan-hoist-petard-announcing-defy-production-moratorium/#sthash.GrsUZ6FB.dpuf

Dan had cited no specific medical basis for his decision, other than a subsequent tweet to the effect that he knew something the rest of us don’t. Regardless of any medical rationale, however, the political and perceptual problems caused by a public display of division on an issue of such magnitude would, as members of the adult community quickly noted, play right into the hands of those presently at war with the adult business.
Most industry veterans who spoke to TRPWL offered a simple theory to explain Dan’s move: the goal was to underscore and foster disunity, and to make the point that he and certain “others” opposed adult trade association Free Speech Coalition’s stewardship of industry matters.
In short, insiders viewed it as a purely contrarian move; an opportunistic volley in an industry power struggle. Few thought he’d actually go through with his promise to resume shooting.
- See more at: http://therealpornwikileaks.com/porno-dan-hoist-petard-announcing-defy-production-moratorium/#sthash.GrsUZ6FB.dpuf

Dan had cited no specific medical basis for his decision, other than a subsequent tweet to the effect that he knew something the rest of us don’t. Regardless of any medical rationale, however, the political and perceptual problems caused by a public display of division on an issue of such magnitude would, as members of the adult community quickly noted, play right into the hands of those presently at war with the adult business.
Most industry veterans who spoke to TRPWL offered a simple theory to explain Dan’s move: the goal was to underscore and foster disunity, and to make the point that he and certain “others” opposed adult trade association Free Speech Coalition’s stewardship of industry matters.
In short, insiders viewed it as a purely contrarian move; an opportunistic volley in an industry power struggle. Few thought he’d actually go through with his promise to resume shooting.
- See more at: http://therealpornwikileaks.com/porno-dan-hoist-petard-announcing-defy-production-moratorium/#sthash.GrsUZ6FB.dpuf

The Rebuttal Too Smart For CounterPunch To Publish: Whereas I Rebuke Gail Dines' Bullshittery

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