Porn Panic 2012: Oh, Great: Just What The Doctor Ordered..Disunity!! The Great Testing War

Never let it be said that an industry as dysfunctional as the adult film industry can't find new and different ways to bite their own hands.

It's bad enough dealing with Michael Weinstein and CalOSHA and the condom mandate, but now there is an emerging dustup over modern testing standards that threatens to blow the entire industry standard to smittereens.

Basically, the issue is a war of words between two testing agencies: Talent Testing Services TTS), and Cutting Edge Testing (CET). The former has been one of the primary testing services for porn performers since the demise of the Adult Industry Medical (AIM) Foundation; the latter was formed directly out of the ruins of AIM itself. The latter also happens to have one big advantage: it's backed by the Free Speech Coalition, the main lobbying group for the adult industry, via its main protocol agency, the Adult Production Health and Safety Services (APHSS), which essentially rebooted AIM's old protocols and database and upgraded it for the present.

You will recall last year in the latest HIV porn scare where a performer was found to have been tested positive for HIV, only to find that the series of tests turned out to be a false positive due to contamination of the original sample. You will also recall that the performer had used TTS as his backup test after he was first found to be "reactive", then he switched over to another clinic that was backed by APHSS, which verified the false positive. That raised some barbs from some, since TTS had opted not to be a part of APHSS, citing both costs and "performer choice". Also, FSC had noted that their protocols required any testing agency to have an in-house doctor on staff to verify the accuracy of their testing, which TTS didn't have. It was soon after that episode that Cutting Edge Testing was born, offering updated tests with results as quickly as 24 hours after the needle draws blood, and the latest and greatest testing procedures.

And about those tests?? Well, here is a description of them from the FSC website:

Second, APHSS accepts the Aptima HIV-1RNA Qualitative Assay and the Abbot RealTime HIV 1 Assay HIV PCR tests. After considerable research and contact with infectious disease specialists,pathologists and physicians, APHSS determined that these two tests best meet the needs of our performer population. Both tests have the 9 to 11day window. The Aptima test is sanctioned by the FDA for detection and diagnosis of HIV. The Abbot test is sanctioned by the FDA to determine the viral load of HIV–the amount of the HIV virus present. While the Aptima has been FDA approved for diagnostic, the Abbot test has been identified by experts as an excellent option for the industry because of the doctor’s ability to know the value of the viral load.  The purpose of the initial HIV test is to screen for the presence of HIV, not to diagnose. If a performer tests positive, an additional diagnostic test will then be administered–regardless of the initial test’s brand.

The controversy here is that the Abbot test is sanctioned only for viral loads, but not for diagnosis of HIV (in that, it's similar to the old Western Blot test that was part of the old AIM regime of testing), while Aptima is more related to the old PCR-DNA tests. CET, being an APHSS-sanctioned facility, uses both tests; TTS only uses the Aptima test for their standard.

Nevertheless, for those who prefer TTS either because they personally prefer their facilities or they don't trust CET for its "monopoly" and its backing by the FSC/APHSS, it has become a burning issue with them..especially concerning what they perceive as a power play by FSC to make CET into the one and true gold standard of testing, and freeze out all others.

One particularly not-so-happy performer is Shy Love, who just so happens to be the owner and manager of the Adult Talent Managers - Los Angeles (ATMLA) talent agency, which manages the careers of well over a hundred active performers. She has been one of the more active antagonists against what she sees as CET's "monopoly", as well as what she percieves as the FSC/APHSS' drive to control and standardize performer testing, what she sees as nothing more than a shakedown by the FSC to raise money for their organization.

She is reinforced by other critics of the FSC, including director Nica Noelle and performer January Seraph, who originally questioned the security of the APHSS database when it was formulated last year, as well as former producer, now porn critic, Mike South, whom has been a long-time opponent of the FSC and their stewardship of the testing process.

Mark Kernes has a nice breakdown of the entire donnybrook over at AVN.com; here's how he summarized the debate between Love (backing TTS) and FSC/APHSS:

"Talent Testing Service's requirements were requested by [Free Speech executive director] Diane [Duke]," Love stated. "All requirements including doctors—they have a doctor on file. They said it's done. Diane had also requested that if someone came out positive, that there would be counseling done. TTS had agreed that if someone came out positive, with their new HIPAA paperwork that they had, they had the right to have that person converted over to the APHSS system, where they would provide the counseling. They said they had no problem; that was done. The last resource [sic] was, their APHSS system, to enter the data of positives/negatives into the system so APHSS could have it, TTS told them that they were breaking HIPAA laws and against the law because that actually puts the man in charge, so if there's an error, they're liable, but that there is a program that a programmer can put into the back of the system, which at the time Manwin has said that they are willing to pay for the programming and everything else so that that information can be put into the back of the database, and that requirement was met. So all three requirements that Diane had requested..."

However, when AVN's Roy Salter brought up the objection that there was no doctor at the TTS facility when the performer's blood was drawn, Love responded, "No, the doctor is available. The doctor's the one that writes the prescriptions. Diane's issue was, she wanted the doctors to be the ones to contact the patient if they came out HIV-positive, and by law, the doctor does not have to do that. They can actually have a licensed HIV specialist who is a counselor contact the patient directly to notify them of the circumstances, and if APHSS was going to be doing the counseling, at that point tell them to come in to retest, go to APHSS for counseling, which we fixed all that in two seconds."

Duke made the point, though, that in order to fulfill APHSS's protocols, testing would have to be ordered by a California-licensed physician, which TTS does not currently have. 

Moreover, TTS has previously stated that it would immediately report any positive HIV performer to the Los Angeles County Department of Public Health even before any confirmatory test had been done, which would likely result in the shutdown of the industry for as long as a month before even a false positive could be sorted out.

 Or, more likely, in the wake of the condom mandate law, a total seizure and takeover of the industry testing protocols by AHF and an imposition of the condom mandate..which would be far, far worse.

At any rate, the debate seemed to be reaching a stalemate.....that is, until The Gorrilla arrived and put his feet down.

That would be "The Gorilla" as in Manwin, the holding company that has essentially taken over porn production overnight via its holdings of sites like Brazzers, MoFos, Reality Kings, the Playboy collective, Digital Playground, and other sites/production companies. It was Manwin companies who got nearly singed in the last porn panic, since it was accused that Brazzers had allowed the "positive" tested performer to continue to shoot videos while his tests remained in limbo...a charge that was publically leveled by none other than Michael Weinstein of AHF during his attempt to milk it for the condom mandate campaign. And, it was APHSS who rescued Manwin out of the firepit by offering alternative testing that ultimately cleared both the performer and Manwin/Brazzers of any wrongdoing.

Naturally, such good deeds do not go unrewarded. And, when you are the King, you can really, really, really reward. Once again, AVN.com recites the tale:

Manwin Sets New Production Standards

LUXEMBOURG—Manwin has decided to set new best practices regulations for all performers and third party producers hired to create content for its websites.

In its proposal, Manwin supports the system put in place by the APHSS, while also moving beyond the standard industry practice of 30-day interval testing.

The APHSS has set forward a best practices guideline and system that allows performers, producers, and agents to create a controlled work environment.

It includes consistent standards and guidelines for testing and treatment of adult performers, a secure database that ensures performer privacy and protects producer liability, protocol for performer support in the event of a positive HIV test result - including testing of 1st and 2nd generation partners—as well as health and safety resources provided for producers and performers.

In other words..APHSS/FSC is Manwin's choice. Sorry, TTS, but...Scoreboard.

But that wasn't the real game changer in that announcement.  THIS was:

Following months of research, and meetings with various doctors and medical experts from the most respected universities and health institutions in North America, Manwin has decided to implement additional rules for anyone involved in producing content for its sites.

The company will require FDA-approved tests from the clinics listed on the APHSS.org website, specifically the HIV-1 Aptima RNA Qualitive Assay. In addition, the company will require 15-day interval testing for performers.

As of July 1, 2012, adult entertainers performing in scenes commissioned for websites belonging to Manwin will have to provide health tests that are no older than 15 days. Manwin will pay for all additional tests needed under these new rules, in case a performer works for any of the company's brands multiple times in a 30-day period.

Manwin expects producers, performers and agents to be in full compliance with these new regulations, and looks forward to working with the FSC in setting the highest possible standards for the industry.

To summarize, Manwin essentially revolutionized the art of performer testing, by narrowing the window of testing from 30 days to 15, and even backed it up with the option of footing the dime for any performer having to work for any of their sites in multiple scenes.

Oh, but that's not all, either, Clones. Some talk the walk, but it takes real money to back it up. Is this real enough for you??

Manwin Donates Gen Probe Aptima Machine to Cutting Edge

 LUXEMBOURG—Following its decision to enforce stricter health rules and guidelines for its producers and performers, Manwin has purchased the Gen Probe Aptima machine for Cutting Edge Testing.

This piece of equipment performs the Aptima RNA Qualitive Assay, the FDA approved test that Manwin requires as part of the new health standards and procedures from producers, performers and agents.

While researching its new guidelines, Manwin collaborated with various North American health experts and organizations. During this time period, Dr. Peter Miao became a great source of information and support. The renowned infectious disease expert, who was part of the original team of physicians that encountered HIV infections in 1981, oversees the Cutting Edge Testing center.

“Aptima testing by Gen Probe has been available for many years, and is approved by the FDA for the diagnosis of acute HIV infection," Dr. Miao said. "At Cutting Edge Testing, we are now transitioning to the Aptima test for screening of HIV [infections] very shortly."

Manwin is pleased to support Dr. Miao and Cutting Edge Testing.

“This demonstrates Manwin’s concern for the health and safety of all the performers and the industry as a whole,” says Dr. Miao. “By their generous gift, we now can move ahead and perform the Aptima test in the very near future.”

Manwin hopes that the donation will help Dr. Miao and his team continue their work in providing optimal health services to adult entertainment professionals, as well as the public at large.

Yeah. That pretty much settles the case of who Manwin trusts, doesn't it?

The basic reactions from the porn community to this can basically be reduced to two polar opposites: "Whoa!!! Manwin's bringing the porn industry together and finally fighting for performers!!!  KEWL!!!" and "Yeah, right...all Manwin's doing is taking everything over so that there will be nothing left for the rest of us!!!  BOOOOOOO!!!!" I guess that only time will tell who turns out to be right.

And as for Talent Testing Services...well, there is now a movement afoot to get them integrated into the APHSS orbit, so that they can get with the Manwin program, and possibly get themselves some of that green sunshine. (Remember, they already perform the Aptima test long before CET did.) Maybe that can defuse some of the flame throwing now going on.

And then again, there will be folk like Mike South who will dismiss the entire thing as a sideshow circus that detracts from what he considers to be the fundamental flaw with the entire system: the dependency on the databases and the possibility of another breach like what happened with AIM via the original Porn Wikileaks and Desi Foxx, the refusal to add testing for other STI's like HPV, herpes, and syphillis, and ultimately, the refusal to adjust to the new enforcement regime from AHF/LA County/CalOSHA that still may override their best efforts to avoid the condom mandate. Once again, time will either vindicate or crucify his analysis.

And of course, we'll follow everything as we always do here at BPPA. Because we can.

More analysis from Dr. Chauntelle at PVV here; and some from Lydia Lee (channelling Julie Meadows once again, happy to announce) here (also check her podcast here, too).


Update: Uh-oh....seems like Manwin might have spoken just a bit too soon. From the latest post by Sean Tompkins over at The Real Porn Wikileaks:

Manwin is forcing people to test at a certain place as a condition of them getting hired. Manwin insists that all talent pay for the test themselves unless booked more then twice in same 30 day period.. This is a clear violation of LC Section 222.5

No person shall withhold or deduct from the compensation ofany employee, or require any prospective employee or applicant foremployment to pay, any fee for, or cost of, any pre-employmentmedical or physical examination taken as a condition of employment,nor shall any person withhold or deduct from the compensation of anyemployee, or require any employee to pay any fee for, or costs of,medical or physical examinations required by any law or regulation offederal, state or local governments or agencies thereof.

Now I’m not a lawyer and I’ve never played one on tv so I could be wrong.

Now, this would get into the debate over whether a porn performer really is an employee or an "independent contractor"; not to mention the fact that California law expressively forbids using HIV status as a condition for denying employment.

There's also been a genuine Twitter debate going on now between Charity Bangs, a performer who is signed with Talent Testing and has raised serious issues about the "monopoly" practices of Cutting Edge Testing and its alliance with FSC/APHSS and now Manwin; Michael Fattorosi (aka "Pornlaw", who has offered some prime legal opinion on the entire episode), and Keiran Lee, Brazzers' main "stud" performer, whom has also raised some astute questions.  

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 -- 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.

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.