Saturday, September 3, 2011

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.



Wednesday, August 31, 2011

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)

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

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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.


Tuesday, August 30, 2011

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

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Tuesday, August 16, 2011

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.