Porn Panic 2011: BAH-LOCKED!!! BREAKING: FSC/APHSS Reports That "Patient Alpha" Tested Negative For HIV; Moratorium Now Lifted

Well..what do you know? All that crowing, all that smack, all those press conferences...and it turns out, all for NOTHING.

The Associated Press is now reporting that the Free Speech Coalition, through their APHSS testing program, has announced via an email that initial test results on the performer whom had been originally found to have tested positive for HIV through a previous test is now completed....and "Patient Alpha" was found to have tested NEGATIVE.

Based on that, FSC has also announced that the voluntary moratorium on porn production that had taken effect when the initial test was revealed last week can now be lifted, and porn production resumed.

FSC did say that just for verification sakes, they would run follow up tests on "Patient Alpha"..but, it does appear that the worst fears of an "outbreak" have been settled.

If I was Michael Weinstein or Brian Chase of AHF or Shelley Lubben, I'd probably want to make plans for a long vacation. And, stock up on some lawyers. The checks they cashed with their big mouths just bounced. Let's hear the coverup conspiracies now, Mr. Weinstein.

And perhaps now, we may finally get everyone together and hash out a real plan for worker protection that actually respects the will and competence or performer choice??

If I find that AP article, I will repost it here. (Found. Scroll down.)



UPDATE: The FSC just released this statement on Patient Alpha's HIV- test over at their blog:

Free Speech Coalition (FSC) announced today some important news for the industry. An HIV test for “Patient Alpha,” administered by an APHSS.org testing facility, has been returned with negative results.

Recognizing the importance of accurate information being presented to the industry and media, FSC stresses that while test results indicate a negative result for the patient, follow-up testing is appropriate in this case.

“This is good news for the primary patient, the industry will continue to be abundantly cautious as we try to nail down the reasons for what now appears to have been a false positive result on a previous test,” FSC Executive Director Diane Duke said. “After discussion with our medical expert, he has advised that it would be appropriate for production to resume and the focus of attention brought to those who had worked with the performer. That group is already receiving care.

“FSC/APHSS.org will narrow the circle of caution to focus our concern on the group of people who had worked with the performer,” Duke continued. “Our prayers and utmost empathy go out to the performer in what has been a very difficult period.”

FSC called for an industry-wide precautionary moratorium on production last Sunday, after reports of a preliminary HIV positive test result for an adult performer in Florida. The performer in question and the adult industry were demonized as rumors and misinformation spread like wildfire. But recent developments imply that industry standards are working.

Duke continued, “Industry self-regulation and best practices are alive and well in the adult entertainment industry – and they work. We fully understand that it is vitally important for the adult performers have a place to go that is safe, trusted and transparent.”

UPDATE #2: Here is the AP story:

APNewsBreak: Porn performer retests HIV-negative

 LOS ANGELES (AP) — An adult film performer who tested positive for HIV and caused the porn industry to shut down production as a precaution has been retested and the actor does not have the virus, a porn industry trade group said Saturday.

Production can now resume, said Free Speech Coalition executive director Diane Duke.

"The industry will be abundantly cautious as we try to nail down the reasons for what now appears to have been a false positive result on a previous test," Duke said.

The actor, who was in Florida, had been slated to work on a shoot for Mofos.com, but production was halted last week when the test came back positive for HIV.

Duke declined to release the performer's name, age or gender, citing the person's right to medical privacy. She also declined to say how her group learned of the case.

Production has been shut down since Monday in the San Fernando Valley's multi-billion dollar adult entertainment industry, which includes Hustler and Evil Angel's productions. The case was found at an out-of-state clinic that does not report to California health officials, Duke said. The porn industry was similarly shuttered in late 2010, after porn actor Derrick Burts was diagnosed as HIV-positive. His case was confirmed, and he has since left the industry to become an advocate for the use of condoms in pornography.

The Free Speech Coalition is working on a database to track sexually transmitted disease testing among porn actors, a task formerly handled by the Adult Industry Medical Healthcare Foundation before it closed in December 2010.

Known as AIM, the San Fernando Valley clinic had catered to porn stars since it opened in 1998. It was forced to close because of inadequate licensing.

 Update #3:  Michael Whiteacre just made this comment over at LukeIsBack.com that deserves reprinting here, because it addresses concerns about following up on the testing of "Patient Alpha" as well as the other 13 performers that he had been assumed to have infected.

The Associated Press reports that Patient Alpha has now tested negative in the latest round of confirmatory testing. However, the question remains whether it is legally and medically sound to DEFINITIVELY declare the patient HIV negative as of yet.

According to what I’ve been reading, most experts (including those at the CDC) recognize that it can take 30 to 90 days before one can make a definitive determination.

That’s why this quote from Weinstein’s latest self-serving press release is so frustrating:

“Why is any ‘investigation’ needed, when two rapid tests that would take 40 minutes, are sufficient to determine if someone is positive?”

This jackass — the president of the largest global AIDS organization, with clinics and testing sites in Florida (where this case reportedly occurred) — is obviously ignorant of the fact that in the state of Florida, NO ONE is deemed POSITIVE until the results of the confirmatory test come back. In fact, clinics are not permitted by the state to tell any one they are positive until the tests come back from the State. What people are told is that they are “reactive” even in AHF’s own clinics and testing sites, not positive.

Not only doesn’t Michael Weinstein understand testing, he doesn’t even know his own protocols. What a douche.

However, the FSC’s update makes it clear that the first and second generation people have been identified and contacted, and that testing has commenced, so it is appropriate to recommence production.

The only question left that would close this out is this: Where did the false positive (or false "reactive") test come from? Was it simply a screw up from the testing facility? Or...could it have been a deliberate plant used by AHF and its associates to cook the books and plants the seeds of panic just to grease the wheels for an HIV porn panic and the condom mandate??

I guess that we will never find the answer to that.

Porn Panic 2011, The Series: Here Come The Big Dawgs: Manwin, Brazzers' Parent Company, Busts Out The Whupping Stick Against AHF's Accusations

And now...the Big Dawgs move in.

Here's the statement just released by Manwin, the parent company of Brazzers, in response to the charges flinged at them by Michael Weinstein and the AIDS Healthcare Foundation, concerning the latest HIV porn scare, where a male performer has been alleged to have tested positive for HIV. AHF had claimed that the alleged infected performer had exposed up to 13 other performers to the virus while shooting for Brazzers, and called for federal, state, and local sanctions against the company as a "sanitary nusiance". (Both XBiz and AVN have the statement posted at their blogs.)

LUXEMBOURG—Manwin and some of its online properties have recently been falsely accused by AIDS Healthcare Foundation (AHF) as well as by other organizations in relation to possible HIV exposure of an adult industry performer.

The AHF statement is an unacceptable attempt to undermine the reputation of our producers through the publication of false information.

Our attorneys have sent the AHF a formal request demanding an immediate retraction.

Manwin and its affiliated producers wish to reiterate that we take industry performers’ health and safety very seriously and as such, we have at all times operated our business in strict compliance with all applicable state and federal laws. Consequently, all of our adult online properties and their producers have accurately and meticulously followed best and standard industry practices when it comes to testing our performers.

Manwin and its producers have never attempted to hide any information or mislead anyone concerning the nature of the incident. We have acted as diligently as possible in a transparent manner in order to avoid and to mitigate any potential damages of any nature for our performers specifically and for the industry as a whole in accordance with the advice of our counsel.

More specifically, at no time did “Patient A” perform or provide any services for any of our producers after any test results were disclosed reflecting even the possibility of HIV exposure or infection. This fact is well documented and proves that the industry testing process precisely works as it should.

In addition, “Performer A” has never worked for Brazzers.com. The performer in question has performed for a separate website known as Mofos.com.

To this extent, statements to the contrary are inaccurate and possibly defamatory. We are currently waiting for a final and clear result on whether or not “Patient A” has tested positive for HIV. This process and its corresponding privacy implications means that we cannot comment further until the full results have been legally transmitted and disclosed.

Until then, we cannot and will not tolerate any further malicious, unverified, inaccurate or misleading statements published by anyone. In addition, we will not further comment on the sanitary nuisance health complaint with the Florida Department of Health and a similar letter of complaint with federal OSHA officials until we have had the opportunity to review the content of these documents and their implications.

 Ahhh....zone defense. Nothing like 6-figure lawyers to cut through bullshit, ehhh??

Porn Panic 2011: Derek Burts -- From Rentboy To Crossover HIV+ Victim...To Anti-Gay Double Agent??? (OR:When Mike Weinstein and Bryan Fischer Are In Sync, We Have A BIG Problem)

Oh, but you are so NOT going to believe what I am about to type here. As crazy as the latest porn scare is, the stuff I just discovered is going to blow things up to the level of insanity. It's kind of convoluted, so bear with me.

Bryan Fischer is the chief spokeperson for the American Family Association, which is one of the oldest and loudest "Christian Conservative" lobbying groups in this country. You may remember the AFA when it was formerly known as the National Federation for Decency, and its head honcho was a gruffy old Mississippi Baptist preacher named Don Wildmon, and they were in the 80's one of the main leaders of the 1980's war against "ungodly" sex. From abortion to homosexuality to pornography to "promiscuity" to just plain adultery, there was no sexual sin that they wouldn't attempt to uncover and severely punish...all in the name of salvation through Jesus, of course.

When Don Wildmon passed from this earth a few years ago, the family syndicate was passed on to his son Tim, who also appears from time to time...but these days, its Bryan Fischer who is the main mouthpiece for AFA these days. To that end, he has his own online radio talk show (to match the over-the-air radio show he does for the Family Values Radio Network and Christian Right talk radio daily) where he discusses the issues of the day from his own American Christian Taliban perspective.

Usually his show consists of varying shades or the usual wingnutter talking points: Barack Obama is a socialist Marxist Muslim Kenyan who faked his birth certificate; "Communist" Russia and "Communist China" are out to bury us, Government not redeemed by Christian Right values is illegitimate and must be abolished; the Founding Fathers of our country were rock-ribbed Christians who wanted a "Christian Nation" (their Deism and secularism not withstanding), and so on ad nauseum.

Their main obsession of the moment, however, is sexuality...and homosexuality in particular. To folks like Fischer, "sexual deviancy" (meaning, any form of sexual expression or act not intended to make lots and lots of babies for Jesus within a Biblically approved marriage) is at the heart of homosexuality, abortion, masturbation, pornography, prostitution, and all other forms of what he considers to be "sexual sin"...and their practioners need at least to be punished severely for their heresy and deviance from the Godly order...or, at its most extreme, simply killed.

Which brings me to one of Bryan Fischer's latest online programs that he streamed for the AFA's website, titled "Sexual Deviancy Welcomed In U. S. Army".

(I hear 'ya thinkin', Clones..."What the hell does this have to do with the porn scare, 'Dog??" Hang with me, folks....I'm getting there.)

Anyways, the original background for this particular program was the upcoming finalization of the 60 day cooling period when the "Don't Ask, Don't Tell, Don't Pursue" policy preventing homosexuals from openly serving in the military would finally expire, and gay men, lesbian, and bisexual folk would be free to enlist and serve in our Armed Forces free of public persecution and dismissal merely for their private sexual preference. For most average folk, this is a grand step forward for equality and justice, since performance of the job should be the principal criteria for a soldier's effectiveness, not his private sex life. (Besides, it's not as if the military is bending over backwards to purge itself of hetero adulterers or divorcees, you know.)

But to people like Fischer, it is a grave and destructive step backwards, simply because it means, in his mind and that of likeminded homophobes, that gay men wielding their leather ass chaps and rock-hard dicks and Anal-Eze will be fully able to seduce and buttfuck impressionable young recruits into the evil and Satanic "homosexual lifestyle", thusly destroying morale and the will of Americans to fight and kill and torture and even die for the glory of God and their country.

And so, Fischer dedicated this program to how decent, Far Right-believing Christians can fight back for decency and morality.

The first portion is the usual talking points about fear of gay stalkers in the showers and sex in the foxholes, and talk of a protest on the day that DADT is scheduled to officially expire.

In the middle portion, though, it gets real interesting.

Unfortunately, it's streaming video, so I can't capture and embed it; you will have to go over to the AFA website to view the clip and see for yourself. But, here's the abridged version.

Fischer goes on to describe how he thinks homosexuals should be punished for their public "deviancy" and then announces that for his "Liberal News Tweak of the Day", he will use "an activist gay male porn star" to dictate what he feels should be the proper law against public homosexuality. He then quotes directly from an activist gay performer who happens to be HIV+ who had openly called for fines and even jail sentences for any gay man who has sex in porn without using a condom. Fischer, of course, extends that sanction to include not only all gay men in general, but also any one, gay, straight, or bi, outside of marriage.

But the real kicker is in the gay porn star he quotes to support his position. Three guesses, Clones.

Try....Derek Burts.

DEREK BURTS?!?!? Not that Derek Burts, alias Cameron Reid?? The one who was the Patient Zero of last year's HIV scare? The one who openly boasted of being proud of being both a crossover gay performer AND an escort for Rentboy.com? The one who claimed that AIM had dissed him after he got infected, and sought treatment from them, and then got himself on AHF's payroll?? The one who even boasted that the scene where he apparently got infected was a condom scene in which his partner took of the condom at the end and blew out on his butthole, causing the infected spooge to enter via the anal cavity?? THAT Derek Burts??

Yup...that's your man.

In fact, Fischer was so confident in using Burts as the perfect example of the kind of gay male porn role model for Christian bashing that he followed his show up with a post on the official AFA blog, Rightly Conserned, where he liberally (no pun) quotes both Derrick Burts and Michael Weinstein, as well as their LA condom mandate ordinance, which would call for huge fines for porn companies not mandating condoms in all shoots. Of course, Burts and Weinstein are more concerned about protecting performers (or so they say), while Fischer is all about banning gay sex (and non marital non procreative hetero sex)....but you can see the shared vision of deep sexual fascism and sexual repression in both.

Here's how Fischer attempted to get on Weinstein and Burts' good side:

A gay porn actor is way ahead of me, but I’m all caught up now. He wants to fine people who don’t use a condom when they have gay sex.

Now he wants to restrict the fine to people in the porn industry, but why stop there? If contracting HIV/AIDS is the threat to human health he says it is, why shouldn’t we try to protect everybody?

Derek Burts is an actor in both straight and gay porn films, and shut down the porn industry late last fall when he tested positive for HIV, which he says he almost certainly contracted while filming gay sex scenes.

Now, according to the Los Angeles Times, another sex performer has been diagnosed with HIV, and once again the porn industry has been temporarily shuttered.

Burts and others are now collecting signatures for a ballot initiative sponsored by the AIDS Healthcare Foundation which, if passed by voters in 2012, will require all performers in adult films shot in L.A. to wear condoms during filming, whether the sex is gay or straight. The only standards in place right now are strictly voluntary, and ask performers to be tested every 30 days.

The president of the foundation, one Michael Weinstein, says that not requiring gay porn actors to wear condoms shows “outrageous disregard for the health and safety of performers and the community at large.” So he too admits that gay sex is an enormous threat to public health, and that the threat is community-wide. In other words, he’s saying that homosexual sex, indeed random sex in general, is not a victimless crime. I couldn’t agree more. I feel like I’m listening to myself here.

[...]


Now if condoms are going to be required in filming gay sex scenes, then there must be some penalty for failing to do so. I was unable to find out exactly what the proposed penalty is, but I’m assuming it’s in the nature of a fine.

What I’m suggesting is that we enact ordinances in city after city and laws in state after state that mandate that same exact penalty - whatever penalty gay activists think is appropriate - for unprotected homosexual sex. Hey, if it’s good enough for porn stars, it should be good enough for the average gay man on the street.

And if someone wants to extend that same penalty to unmarried straights who have sex, who am I to complain?

Why should we only care about the health of those who get paid $1000 to $2000 for filming a sex scene and not care about the little people who have gay sex in public bathrooms for free?

Of course, this is just the place to begin, but it is a first step in de-normalizing and de-legitimizing homosexual sex. And the beauty here is that we would be following the lead of homosexual activists. We ought to take their advice in the simple interest of human health and out of concern for future possible HIV victims.

So oddly, I find myself in the same corner on this issue as gay porn stars. I’m willing to take their suggestion and apply it not just in L.A. but nationwide and not just for people who get paid to have sex but for every gay sex partner in the land. It’s not all we can do, but it’s the least we can do.

Anyone wants to do an over-under on how long it will take for Ministress Lubben to appear on Fischer's show?? I'd give it about 2 weeks.

More importantly, what does that say about Mike Weinstein's fervent denials that he's not a right-winger or in any way associated with right-wingers who are dedicated to destroying everything related and not about porn, and that AHF is only and solely concerned with the safety and health of the performers?? Will he and his newly founded asstroturf group FAIR (For Adult Industry Responsibility) come out and directly repudiate Mr. Fischer and all other open homophobes and erotophobes and fascists? And how in the hell can a man who still sells bareback gay male porn at his thrift stores feel fit to fellow travel with some of the most toxic racist/sexist/homophobic/fundamentalist Right people around?

I suspect only two motives...either Mike Weinstein and Derek Burts and the rest of AHF are really right-wing double agents playing the "liberal" good cop to the "conservative" AFA bad cop scheme to wipe out porn and sexual expression a bit at a time; or they're all motivated more by the golden showers of cold hard cash that can be gotten by exploiting sex hate and shoving condoms down performers' throats.

Then again, we've already seen with such "liberals" like Mike Weinstein and Gail Dines that political consistency always tends to be flexible based on the amount of dollar bills thrown at them. Why should this be any different for them?

Once again, this is why faux liberalism, like faux ho's, should be taken very seriously. What you see might not be exactly what you ultimately get...and beware of men and women hiding behind curtains with really big microphones and bells and whistles.

Porn Panic 2011: FSC/APHSS Responds To AHF Smear Campaign

It didn't take long for the Free Speech Coalition to respond to the accusations spewed forth by Mike Weinstein of AHF at his presser today. Here's their response, as posted over at AVN.com (and at XBiz.com and LukeIsBack.com as well).

CANOGA PARK, Calif.—The following announcement by the Free Speech Coalition was issued Wednesday afternoon and is reprinted in its entirety:

Free Speech Coalition (FSC) has been falsely accused by AIDS Healthcare Foundation (AHF), of obstructing a medical investigation by Los Angeles County Public Health (LACPH), in regards to the latest incidence of the possible HIV exposure of an adult industry performer in a press release issued by AHF today.

FSC, the adult industry trade association, would like to make clear that this accusation is completely false and that is appallingly irresponsible for AHF to accuse any adult industry members of wrong-doing without any basis in actual fact.

Official statements made today by AHF President Michael Weinstein at an AHF press conference are false and seemingly based on rumor and innuendo gathered from unreliable sources.

During that press conference, Weinstein also falsely accused FSC of witholding information from public health authorities.

FSC has received no contact from LACPH, out-of-state health officials, or AHF.

“This is another prime example of AHF and its President Michael Weinstein’s outrageous grandstanding, which is completely false and baseless,” FSC Executive Director Diane Duke. “AHF has a history of spreading misinformation in order to further their agenda to force government regulation of sexual behavior. Apparently, Mr. Weinstein will stop at nothing, including spreading false information, in order to call attention to AHF’s agenda.”

To FSC’s knowledge, there is no investigation being conducted by LACPH at this time. It is impossible for FSC to obstruct an investigation that, evidently, does not exist. In the event that FSC were to be contacted by authorities from LACPH or elswehere, it would endeavor to cooperate fully, while still protecting the rights of any individuals to medical privacy.

It should also be made clear that at this time FSC does not have authorized information confirming that a performer or any performers have tested positive for HIV. However, after reports received on Saturday were corroborated by various sources, there was enough serious concern regarding the possible infection for FSC to call a moratorium on production.

It also should be noted that the possible infection took place outside of California, and there is nothing to suggest that the Los Angeles adult production industry has been affected by any possible infections. However, adult production companies in Los Angeles have voluntarily agreed to the moratorium in order to eliminate the potential for exposure.

Also, the possible exposure and subsequent events took place outside of the APHSS.org database program and therefore, outside of the authority of FSC to implement industry exposure protocols. However, FSC has reached out to concerned parties and is providing assistance.

The APHSS.org database program was developed in order to fill the gap left by the closure of Adult Industry Medical Healthcare (AIM) that, since 1998, had been the primary testing facility for adult performers. AIM was closed in May, largely due to financial pressure brought on by relentless litigation waged against them by AHF. FSC administers the APHSS.org program, which was launched on August 1, and still in the process of organizing producers, agents and performers for participation in the program.

“AHF’s campaign for mandatory condoms has done nothing but create controversy and, with the closure of AIM, has deprived the adult industry of an important health and safety resource,” Duke continued. “The industry has successfully self-regulated since 1998, due to AIM and the cooperation of the content production industry nationwide. However, without a similar system in place, the issue of industry protocols not being followed by separate testing facilities presents substantial difficulties for maintaining health and safety standards.”

FSC also has consulted with legal advisers in order to issue a demand for an immediate retraction from AHF.

Porn Panic 2011 -- The Series Continues: AHF Ratches Up The BS Propaganda Machine To Full Blast, Calls For Federal Investigation of Brazzers And Dings FSC/APHSS For "Stonewalling"

Oh, but Mike Weinstein's through fooling around now...he's getting real serious.

Get a load of this press release AHF just posted to Business Wire.com this afternoon. If only President Obama could be this aggessive.

HIV Porn Case: AHF to File Complaints with Federal & FL Health Officials against Producers

LOS ANGELES, Aug 31, 2011 (BUSINESS WIRE) -- --AHF officials will submit a health and safety complaint under Florida 'Sanitary Nuisance' statutes against Brazzers, the production company involved in the latest HIV case in the adult film industry; industry sources say male performer involved had worked directly with as many as a dozen female performers

--Group also will call on the Free Speech Coalition to "stop obstructing the investigation in Los Angeles County and provide necessary information to health authorities" and will call on Los Angeles City officials to suspend all new film permits for adult films

Never mind that there hasn't even been a verification of even ONE performer testing positive for HIV, or the fact that the producer involved with the alleged "Patient Zero" has formally and publically denied that he had allowed that performer to do the shoot off a positive-confirmed test (the director said that in fact, the test was negative), and that no confirmation of any other performer being infected has been found or even any first- or second-generation confirmation tests done. When there's propaganda to be done, the truth is a natural distraction.

Actually, for AHF, the truth is more like a roll of Charmin tissue. To wit:

In response to the latest reported HIV case in the adult film industry--thought to be the 23rd industry-related HIV case since 2004--AIDS Healthcare Foundation (AHF) will host a press teleconference today, Wednesday, August 31st at 2:00 PM Pacific Time to announce the filing of a 'sanitary nuisance' health complaint with the Florida Department of Health and a similar letter of complaint with federal OSHA officials against Brazzers, the Florida-based adult film production company widely reported as the company where the infected performer was employed. Industry sources say the male performer involved had worked directly--and without condoms--with as many as a dozen female performers.

Ahh...let's count the lies, shall we??

First, you have the old and tired "23 performers contracting HIV in porn since 2004" meme....which seems quite drastic. Seems, that is....until you go "inside the numbers" and find out that only 4 of those cases involved :straight" heterosexual porn performers, and NONE of them were infected directly on set. (And the only questionable one, Derrick Burts of last year, even publically stated that he was infected in a gay scene...which included a condom.) 4 were private citizens using the services of then AIM for their own purposes, and  the remainders were gay male porn performers...where a fundamentally different system of less testing (and CONDOMS, TOO!!!!) was being used. Even the LA Times, who is mostly sympathetic to the condom mandate cause, was smart enough to retract that stat...but Weinstein never let such things get in his way before, now hasn't he??

And then there is the "male performer working without condoms" libel...as if it's Brazzers' fault that the performer, if he did in fact get infected, was able to continue to shoot scenes with women. Remember that the performer was working off a negative test, albeit one that wasn't from a testing facility that had gotten under the umbrella of the Free Speech Coalition's APHSS program because the latter has only gotten started this past month.

Of course, the reason why APHSS was needed in the first place was because the older regimen that had been put in place by the earlier group AIM was shattered when AIM was put out of business...largely thanks to the hard work of AHF and  Cal/OSHA's nuisance suits against them. Gee..ya think that would turn out well, Mike??

"When will it end? This is yet another suspected case of HIV infection in the adult film industry. Given the wide reports, and given that Brazzers affirmatively states they do not use condoms--a violation of both state and federal health statutes--it makes sense to investigate them in the hopes of putting an end to further infections," said Michael Weinstein, president of AIDS Healthcare Foundation. "We are filing these complaints with Florida health officials and federal OSHA officials to prompt industry compliance with employee health and safety regulations and to spur proper and thorough public health investigations of this reported incident. In addition, we are calling on the Free Speech Coalition, the adult industry-sponsored advocacy group, to stop obstructing the investigation of this incident in Los Angeles County and provide all of the necessary information to public health authorities. FSC is an advocacy group, they are not authorized to do these health investigations, and they are not qualified. The pattern of non-cooperation that has characterized the industry and led to the current situation is continuing. It is the responsibility of Los Angeles County, which has not issued any statement to this point, to demand cooperation from the adult industry. Even though the initial exposure took place in Florida, the shutdown in LA constitutes a major public health event under the law. We are also reaffirming our call on the City of Los Angeles to stop issuing new permits."

Excuse me a moment while I go through this laughing spasm.

Wait..there are FEDERAL health statutes out there that require all porn performers to use condoms??  Really, Mike?? So, what about all those damn bareback gay videos that you were selling in your Florida thrift stores recently?? Are you going to be filing federal and state complaints against those companies, too??

And this attempt at intimidating the FSC?? WOW. For an organization who has the full colluding support of the LA County health officials and Cal/OSHA, and who was able to bribe...errrrrrrrrrrrr, persuade four LA city councilmen to attempt to browbeat the LA City Attorney to force the LA film board to cancel all porn film permits until they go condom only, AND when stoned by the Attorney himself,  go over his head to the California Supreme Court to get their way, to attempt to smack down FSC for "stonewalling", is chutzpah to the extreme. But to call FSC an "advocacy group" and "not qualified", and to turn the voluntary step of suspending production until all the testing is done as a "major public health event" and call for the total abolishment?? These jackals are making the words "hypocrisy"  and "projection" into the understatements of the millenium...and we haven't even gotten through the second decade yet!!!

Oh, and unless Weinstein is pulling laws out of his ass as usual, I want anyone reading this to look deep into the Florida legal code and cite for me any sort of regulations where sites like Brazzers (or other home grown adult websites based in Florida) are mandated to use condoms for all of their scenes.

And also...someone please remind Mikey that organizations in California cannot be held resposible for acts of unrelated companies in Florida??

It should also be noted that none of the female performers who would potentially be affected have shot any content in California, and that the moratorium for all porn production is a voluntary preventative measure designed to protect everyone from accidental exposure while the whole situation is sorted out.  Of course, the reason Weinstein wants to make it permanent is to totally break the industry so that AHF and Cal/OSHA can take over and impose his favored condom mandate plus pre-1994 testing regime...the very regime that led to umpteempt outbreaks in the past, when performers could buy and rig tests like derivatives.

One last thing, Mikey: THERE IS NO LOS ANGELES COUNTY INVESTIGATION ONGOING, BECAUSE THIS IS STRICTLY A FLORIDA SITUATION. You might want to recheck your sources on that one.

The Free Speech Coalition (FSC)--which has fiercely opposed condom use in adult films--reported over the weekend that yet another adult film performer has tested HIV positive, and as a result, the industry group itself called for a moratorium on all adult film production, "...until possible first and second-generation exposures have been identified." Sources within the adult industry also said the performer is thought to be a male and had worked directly with as many as a dozen female performers, who in turn worked with scores of other performers.

The most direct response to this particular Big Dam Lie is in two words: BULL. SHIT.

The more stacid response, though, is to simply point out that nowhere does FSC or APHSS ever call for an end to condom usage, nor do they even come close to advocating that performers who choose to use or wish their shooting partners to use condoms should be in any way discriminated against or or ostracized. They simply oppose having condom usage imposed by government fiat.

And notice the trend towards quoting unnamed "industry sources" to support Weinstein's whopping mischaracterization of both the alleged performer and his partners...as if all of them are nothing more than stupid promiscuous sluts who are incapable of protecting themselves. Until the test results come in, he knows exactly what the rest of us know: not a Goddess-damn thing.

Weinstein then goes on to pimp the LA condom mandate ordinance, which has already been debunked here before, so I won't bore you with that.

But after that, it actually gets interesting. Here's what AHF has in store for Brazzers locally:

'Sanitary Nuisance' Complaints in Florida

Unlike California or the federal government, the State of Florida does not have a specifically designated occupational safety and health division. However, there is a "sanitary nuisance" law in the Florida Statutes. AHF believes that unprotected sex in a commercial setting should, arguably, fall under the definition of a "sanitary nuisance," since Florida law defines it as "any act" that may cause disease.

386.01 Sanitary nuisance.--A sanitary nuisance is the commission of any act, by an individual, municipality, organization, or corporation, or the keeping, maintaining, propagation, existence, or permission of anything, by an individual, municipality, organization, or corporation, by which the health or life of an individual, or the health or lives of individuals, may be threatened or impaired, or by which or through which, directly or indirectly, disease may be caused.

386.02 Duty of Department of Health.--The Department of Health, upon request of the proper authorities, or of any three responsible resident citizens, or whenever it may seem necessary to the department, shall investigate the sanitary condition of any city, town, or place in the state; and if, upon examination, the department shall ascertain the existence of any sanitary nuisance as herein defined, it shall serve notice upon the proper party or parties to remove or abate the said nuisance or, if necessary, proceed to remove or abate the said nuisance in the manner provided in s. 823.01.

As such, three "responsible resident citizens" will file complaints with the Florida Department of Health asking them to investigate a sanitary nuisance--unprotected sex taking place on adult film productions in the state.

There is also a Miami-Dade County "sanitary nuisance" law as well (Miami-Dade County Municipal Ordinances Chapter 26A). It uses a similar definition of "sanitary nuisance" as the state law, and it provides for the Director of the Dade County Department of Public Health to investigate nuisances.

So, in effect, Michael Weinstein is going to pay off three "responsible resident citizens" of Miami/South Beach to file a complaint with the state and local departments of health asking them to investigate and potentially shut down Brazzers as a "sanitary nusiance" for....allowing for sex acts without the use of a condom???

Now...such "sanitary nuisance" regs are nomally used against those whom explicitly handle food (such as restaurants or diners) hazardous chemicals or forms of hazardous waste, or whom get close to any form of bodily fluids or internal human organs (such as medical professionals, morticians, and the like). I'm pretty damn sure that it has never been used against porn sites...but there's a first for anything.

But here's the really ironic point: for someone who says that he cares deeply about the well being and safety of porn performers so much, he's sure giving those who don't share his concern and who would much prefer the industry to be drop-kicked into either jail cells or simple nonexistence a really big hammer to sling against any and all adult sites. Imagine the Christian Right getting three like-minded citizens to file local nuisance charges against any woman running a porn site out of her home, for example. Hell, imagine Polk County Sheriff and antiporn zealout Grant Judd using that same hammer to shut down even anyone with a computer LOOKING at porn. Be careful of what you ask for, Michael, because you just might get it.

But then again, I'm guessing that since Governor Rick Scott has so shredded Florida state government as to render it unable to fulfill Weinstein's requests, and that the Miami-Dade officials have far more struggles and concerns on their hand than wet-nursing a false porn panic, he will simply do as he has done so well in Cali: exploit this to the fullest extent to shake people down for lots and lots of money for his coffers, to be shared with both the condom manufacturers who finance AHF and the crossover gay male performers -- some of whom may even be HIV+ -- that he is protecting and covering for.

Which means..this won't be the last propaganda presser we'll get from him.

I just wonder how long it will be for Florida to read him properly and give him the boot.

Porn Panic 2011 Redux #2: Jordan Owen States The Obvious About The Dishonesty Of AHF

Not many people can advocate for adult sexual expression quite like Jordan Owen.

I may not personally agree sometimes with his libertarian conservative "individualistic" perspective, but Jordan is gifted in the art of cutting through the BS of arguments of antiporn activists. He just finished a long series where he totally debunked Gail Dines' recent tome Pornland., and he has also done series debunking the idiocy of Shelley Lubben, Patrick Trueman, and other antiporn/antisex activists.

Today, at his YouTube channel, he posted a video reflecting his own thoughts on the recent HIV porn panic, the credibility of Derrick Burts as a spokesperson for the aggrieved "victim" of the industry (conveniently ignoring his Rentboy.com membership and the fact that the scene he claims he got infected in did in fact include a condom), the menacity of AHF in attempting to replace AIM as the main regulator of the California adult industry, and the illogic of the proposed LA ordinance. It is so powerful that I've decided to mirror it here for your reading enjoyment.

I most certainly recommend that you visit his channel for lots of truth and wisdom. Also, feel free to check out his Facebook page as well.

Jordan Owen (JordanOwen42) giving his personal reflections on the latest 

HIV-in-porn scare, the AHF, Shelley Lubben, and the proposed LA

condom ordinance (via YouTube)

HIV Porn Panic 2011 Update: "Patient Zero" Possibly Exposed, Brazzers.com (In Florida) Implicated

[UPDATED: Scroll to bottom.]

Remember, the following information is still speculation, and should not be assumed to be the absolute truth until it is verified.

More information is being released this morning about the background of the most recent HIV porn scare. It's a bit convoluted, so try to follow me.

This morning, AdultFYI.com reposted a blog entry by former porn agent Mike South in which the latter "outs" the alleged "Patient Zero" at the center of the crisis. Pursuant of this blog's stated policy, I will not give out the name of the performer (though, both AdultFYI and South obviously do at their sites), but I can give out some other information via the blog post by South, which was reposted by AdultFYI.  (Redacted to protect privacy and presumption of innocence)

"What is troubling is that he tested positive and still worked, that is undisputed what is disputed is whether he tested negative after testing positive using the same methodology.

"A positive test should ALWAYS be confirmed with a Western Blot no matter if its PCR or ELISA, retesting with another test that isn't Western Blot doesn't mean anything.

"Only the Western Blot can confirm a positive test.

"The really fucked up part is the Director also reportedly knew that [redacted] had tested positive, but let him work on the basis that it was believed it was a false positive.

"It is being said that [redacted] is being retested via Western Blot to confirm his results and that the results of that test are not back yet.

"I do hope he is negative but this should be a lesson to everyone either way."

Gene (Ross, AdultFYI reporter) adds: "Now that the cat's out of the bag, here's what I'm told- [redacted] also goes by the name [redacted].

He was found by Brazzer's Producer [redacted].'

[Redacted] is known to throw sex/swing parties where [redacted] met him.

[Redacted's] test came back 'false positive' and allegedly talked [redacted] into still shooting him with a positive test.

Apparently 13 Florida Female Talent have been exposed."

So, apparently, the performer tested positive using a company not within the APHSS grid, then went to yet another testing company also not in the grid for a followup test which essentially concluded that the first test was a false positive, to which the latter test was used by him to persuade the producer to clear him to shoot scenes.

The implication of Brazzers.com is fascinating in its own right, too, since Brazzers' Florida-base production center (as opposed to their LA and Vegas centers)  has developed a really bad reputation from talent and consumers alike for cutting corners in regards to protecting performers and putting their own profits above their talent. (That, and Brazzers' overly lenient attitude towards tube sites and content piracy, which has really ticked off other adult production companies struggling against content thievery.) Also, Brazzers was not amongst the main production companies who contributed to the creation of APHSS.

The scariest thing about this, though, is that 13 women whom had worked with this performer (and possibly all of their partners) are now exposed enough to warrant testing. It remains to be seen whether or not any of those women had done any other work outside of Florida.

I'm still going to reserve judgment on Brazzers until we have more reliable information, but if this editorial by a blogger at the porn gossip/info site LukeFord.com (not to be confused with LukeIsBack.com) has any weight to it, then Brazzers may be in a heap of trouble. (His sentiment, NOT mine.)

In school when they teach you about sex they are quick to remind you that you not only slept with the person you are with but every person they have been with and every person they have been with, so quickly 1 partner can become 34, 34 can become 340.  So when the news broke that Brazzer’s knowingly exposed 13 performers to HIV [source]  …. we know the impact is much larger because since their potential exposure, who else have those 13 girls slept with, and then who else have those people slept with?

So if stealing content, running 5 of the most popular illegal tube sites wasn’t enough, how about this?  Is knowing a performer tested HIV positive and still letting him perform with others enough for ya?

Why do I go on twitter day after day and see some performer bragging about doing this or that with Brazzers?  What the heck is wrong with you people?  Are you blind?  Do you not see day in and day out what they are doing?

I mean sure there can be arguments made for people like Jules Jordan and Wicked Pictures deserving to get screwed … they after all knowingly entered into business deals with the devil, Brazzers – so they got what they deserved … but what about you?  What’s your excuse for still doing business with them?

Do you realize that because of their illegal activities, other producers were forced to reduce the amount they pay performers, so every time you do any work with Brazzers you are directly contributing to the further success of a company that fucked you and your friends.

As far as the HIV scare goes, if you have worked in Miami in the last month or so or worked with anyone who has worked in Miami than now is a good time to go get tested.  Just remember, it is always better to be safe than sorry so if you have concerns about working with a performer, it’s okay to say no.  Your life is far more important than that scene is.

And please, please, for Goddess sake, please, for those of you in Miami heeding that final graph's advice....use an APHSS approved clinic that has the proper protocols and procedures.


UPDATE (8-30-11): The director that was implicated in the original blog entry by Mike South (and outed by both South and the AdultFYI.com mirror post), has now responded, through an email that was posted to South's blog this evening. I'll simply repost it for posterity's sake.

I understand that there are rumors circulating concerning the identity of "Patient Zero."  If the rumors are true, the last time I shot this particular individual was on August 19.  That person had a valid negative test.

There has been a lot of false information circulating about this situation. I want to be clear that there is absolutely no truth to any of the statements about my filming this performer with a positive test.  I would never, ever shoot anyone with a positive test, even if they claimed it was a "false positive."  I make no exceptions.

Please put an end to this vicious and harmful rumor.

Our lawyers are CC'ed in this e-mail and have verified the documentation.

The title of the post over at South's blog does list the director's name, but, consistent with this blog's policy regarding performer/director privacy, I will not reveal it here.

HIV Porn Scare 2011 Redux: Rumor, Speculation, And Fact

[Now also crossposted over at LukeIsBack.com; Domo Obligato to Cindi Loftus for the honor and pleasure. ]

Like I figured, developments are breaking fast on the news today of a performer having been tested positive for HIV. Thusly, it's important to understand that rumors and speculation about the identity of the performer, how (s)he got infected, whom (if any) else may have been compromised, and the nature of how this occurred, should be treated as just that: rumors and speculation, until more information is offered.

Nevertheless, there are some conclusions that can be made even in this early time, based on the preliminary info trickling out.

First off: it does appear that the targeted performer was allegedly shooting content in Florida using a testing service that was out of the loop of the testing regimen established by the Free Speech Coalition's APHSS services. Remember that when AIM-ORG was run out of business by the combined efforts of Cal/OSHA and the AIDS Healthcare Foundation, it's consensus testing procedure was effectively obliterated, leaving the task to several smaller and much less standardized companies (such as Talent Testing Services), which did not have the extensive resources for follow-up testing and verification that AIM had. Many performers had feared that in their zeal to shut down AIM and impose the condom mandate and their own system of weaker testing procedures, AHF and Cal/OSHA was essentially creating much more risk for active performers by driving them into less safe venues and shadier groups more interested in exploitation than safety. Since Florida until now has not had the institutionalized and standardized testing regimen that LA had with AIM, the inevitable results could have been easily predicted.

Secondly....it is no grand irony that the last three HIV porn scares have taken place outside of LA; the 2010 scare featuring Cameron Reid/Derrick Burts was also the byproduct of a Florida shoot; and the 2009 "Patient Zero" panic was based in Las Vegas. Well, maybe it is somewhat of an irony, considering all the hard work and resources that AHF has put into browbeating the city of LA, Los Angeles County, and the state of California into imposing the condom mandate for shoots in LA. Though Weinstein has made noises about imposing similar regulations in Florida, he hasn't worked up anywhere near the effort or the concern about "performer safety" there. Maybe the South Beach politicos are too rich to bribe??

Thirdly...the lightning response by APHSS in not only confronting and containing the panic, but also getting out in front in public with warnings and suggestions on performers protecting themselves, says a great deal for their professionalism and concern about seriously protecting the talent. It also speaks to the advantage of having a standardized system of testing and treatment, rather than a hodge-podge ad-hoc system where testing is basically left to whomever is closest at the moment. Many who claimed that AIM had an "monopoly" on performer testing completely ignored the main reason why that was so: their regimen worked. Yes, there were two cases of performers getting infected, but in both cases they were not infected from a porn shoot (and in the case of Derrick Burts, the shoot was for a gay video, which is outside of AIM's jurisdiction), and in both cases the threat was contained to that particular performer. Hopefully, that will be the foundation that APHSS will build on....that is, if AHF and Cal/OSHA would allow them to.

Finally...I'm pretty sure that Mike Weinstein is already preparing his next press conference as I type this, where he and Ministress Lubben shed their usual crocodile tears about how this poor young woman (yes, I'm assuming again; If I'm wrong, then I'm the ass...so sue me) had her life taken away from her by the Big, Bad, Mean Porn Industry. (Hell, I even expect them to add Gail Dines to the lecturn to add her quarter's worth about how this proves beyond a shadow of a doubt how porn chews up women for The Patriarchy.) If the concept of shame ever invaded the Teflon-coated synapses of their brains, they would hopefully think twice about exploiting her..but then again, if Lubben and Weinstein had thought twice about almost anything, they wouldn't have the publicity and the money they had, right??

Just my personal thoughts, Clones.  Consume with the usual sprinkle of salt and Tony Chachere's seasoning.

BREAKING: Once Again, Into The Breach We Go: ANOTHER HIV Porn Scare???

[Updated below....scroll to bottom.]

This is what you call really, really bad timing.

FSC Asks for Porn Moratorium After Possible HIV Exposure

CANOGA PARK, Calif. — Adult industry trade group Free Speech Coalition has asked for an industry-wide moratorium on porn production after reports indicate that an active performer may have tested positive for HIV.


The FSC, as well as its performer testing unit, Adult Production Health & Safety Services Program (APHSS.org), said that a moratorium be "instituted immediately and continued for a time period until the primary reports are confirmed."


The moratorium would continue until possible first and second-generation exposures have been identified. A quarantine could be extended after that point, if necessary.


The FSC said it was made aware of a "purported incident" on Saturday by a "reliable" industry source.


"According to the information that is available, the performer in question may have tested positive for HIV at a testing facility that does not appear to have protocols or procedures in place for medical follow-up (including generational testing) ," the FSC said in a statement.


The FSC said that it wanted to  make clear that these reports were not involving APHSS.org testing facilities and that it can't deny nor confirm specific facts about the incident.


"Our first priority is to protect performers with reliable health services and assist producers with protocols that minimize liability, while remaining compliant with state and federal regulations regarding medical privacy," the FSC said.

In short, it appears that in the transition between the closure of AIM-ORG (the old testing center) and the establishment of APHSS,  fly-by-night organizations have been going around offering testing without the kind of follow-up for treatment or verification that AIM had in place, and what APHSS now does have.

This couldn't have come at a worse time, too, since I'm sure that the usual suspects (Shelley Lubben, Mike Weinstein, et. al.) are already preparing the press conferences to say that this proves once and for all that the testing system is a failure and only condoms are the true answer. Not to mention, this gives them pretty much the ammo they need to fuel their proposed ordinace to force the condom mandate.

But, that's a worry for later. The main thing right now is to offer comfort and protection to the infected performer, investigate and contain this outbreak (if it is confirmed), let the procedures run their course, and hope that nobody else is affected.

And, it's a damn good reason for performers to join APHSS and know and follow their protocols for testing. At least they reacted decisively and rapidly to contain this threat.


Addedum: Like I said,the Free Speech Coalition and APHSS wastes no time.  Here's some snippage from their official press release that was just posted to the AINews.com site just a few minutes ago.

(CANOGA PARK, CA) -- Free Speech Coalition (FSC), as administrators of the Adult Production Health & Safety Services Program (APHSS.org), would like to address recent reports that an active performer may have tested positive for HIV.

FSC was made aware of the purported incident on Saturday by a reliable industry source. Most importantly, FSC would like to make clear that these reports were not involving APHSS.org testing facilities. This fact has limited the information gathered by FSC/APHSS.org and we can neither deny nor confirm specific facts about this incident. Due to legal issues concerning patient privacy, FSC/APHSS.org, as of yet, is unable to implement exposure protocols and procedures.

It is the recommendation of FSC/APHSS.org that an industry-wide moratorium on production be instituted immediately and continued for a time period until the primary reports are confirmed, and possible first and second-generation exposures have been identified. The quarantine can be extended after that point, if necessary.

According to the information that is available, the performer in question may have tested positive for HIV at a testing facility that does not appear to have protocols or procedures in place for medical follow-up (including generational testing).

However, FSC/APHSS.org cannot act on the behalf of any testing facilities outside the APHSS.org system until we are requested to do so by the performer or any medical advisor authorized by the performer. Again, we have been in contact with concerned parties and have offered to assist them in anyway possible, while still remaining compliant with the performer’s wishes for assistance, in respect to legal constraints that require that the performer’s privacy be protected, as well as other compliance issues.

In addition to the moratorium on production, FSC/APHSS.org also recommends that active performers who are concerned about possible exposure (or that would like to take extra precautions to confirm their own well-being) consider being tested as soon as possible.

FSC/APHSS.org also recommends that industry members avoid spreading unverified information until the involved parties are able to confirm developments, or until information is received from an appropriate medical authority.

We are committed to assisting any industry members that have concerns involving this incident; if you have questions, please contact diane@freespeechcoalition.com or joanne@freespeechcoalition.com. But because this situation has occurred outside of the APHSS.org database program, we are limited in any available information until we are informed of any details or allowed to assist in implementing industry protocols.

Obviously, we'll keep you informed here if anything else breaks.

Porn Panic 2011 Supplemental: XBiz Reports On The FSC's Reaction To AHF's Proposed Condom Mandate Ordinance Drive

Don't ever accuse the Free Speech Coalition of not having a rapid response team to events involving the porn industry.

Here's their official response to today's news of AHF's announcement of their drive for an initiative for the condom mandate, as reported today by XBiz.com.

FSC Executive Director Diane Duke said that the Department of Public Health has already stated in response to a lawsuit filed by AHF that it doesn't see a compelling public interest to require the use of condoms in adult productions.

"Clearly AHF has an anti-adult industry agenda and like its previous frivolous lawsuits, erroneous charges with Cal/OSHA, multiple press conferences and protests, I suspect that this is the next step in AHF’s attempt to stay relevant," Duke said.

"Clearly their efforts and financial resources would be much better served in the prevention and treatment of HIV rather than continuing its witch hunt of the adult entertainment industry."

The FSC also said that it will cost taxpayers thousands of dollars to sort out what the City Attorney has already called a "non-issue."

"It's an absurd attempt at grandstanding by AHF and its president Michael Weinstein," said Joanne Cachapero, FSC's membership director. "A judge has already ruled against AHF's attempt to force the city to enforce mandatory condoms, stating that the city cannot be compelled to enforce regulations that fall under the authority of a state agency like Cal/OSHA.

"What a huge waste of resources for the people of California and for AHF's contributors, while Weinstein carries on a campaign of misinformation."

The FSC also said that the performers who appeared at today's press conference do not represent the population in the adult industry and claims that they contracted HIV or other diseases while working on adult productions are "unfounded."

"The data that AHF presents to the media has been debunked as inaccurate and is the result of methodology that has no basis in science," Cachapero said.

"There is no public health threat or epidemic, as Weinstein likes to portray. The adult production industry has been very successful at protecting performers' health and safety ever since the first incidence of HIV infection in 1998, and we continue to be a model for STI testing.

"The only logical reason that AHF would continue its campaign must be to bring attention to their own pro-condom agenda," Cachapero said.