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from www.laweekly.com – Update: The AIDS Healthcare Foundation says it will appeal the ruling to the California Supreme Court.
A previously unknown HIV case in porn was revealed this week after an adult performer sued California workplace regulators who wanted access to her medical records.
She won. A judge said that the California Division of Occupational Health and Safety didn’t have a right to peek into her file as part of its inquiries into adult video and workplace safety practices.
In the process, though, we learned that between a 2004 outbreak and last year’s positive test for actor Derrick Burts there was an actress who contracted it in 2009.
The ACLU was repping the woman, with legal director Peter Eliasberg stating:
You don’t give up your right to medical privacy because of what you do for a living.
True that. A judge in Alameda County court agreed and told Cal/OSHA to keep its grubby hands off the woman’s medical records.
Cal/OSHA responded that it didn’t really want her records: It wanted to know who her “employer” was when she got HIV. They want to go after the porn producers who fail to require condoms for its performers, as it says is the law of the land.
The division can still appeal the ruling.
It all comes as the porn industry has been resisting efforts by the L.A.-based AIDS Healthcare Foundation to get state regulators to crack down on its lack of condom use.
The porn scene says people won’t buy condom porn, and producers will just go out-of-state and underground, where things will be even less safe.
Update: The AHF issued a statement Thursday saying it would appeal state appeals court ruling to the California Supreme Court.
AHF filed the case against Cal/OSHA in July 2009 in an attempt to force “the Los Angeles County Department of Public Health to discharge its ministerial and non-discretionary statutory duty to combat an acknowledged epidemic of sexually transmitted diseases stemming from production of hardcore pornography in Los Angeles County.”
The foundation cites a Los Angeles Times report that says as many as 22 porn stars have come down with HIV in the last five years.
AHF lawyer Tom Myers:
Unfortunately, in dismissing our case, the Court of Appeal effectively ruled that the County cannot be forced to fulfill it statutory duty to protect the public from inherently hazardous activities, such as sexually transmitted diseases resulting from the making of adult films. We disagree with that conclusion, and will seek Supreme Court review. And, AIDS Healthcare Foundation will continue to pursue all available means to protect adult film workers and the public. The County of Los Angeles has the duty to protect public health, one the highest responsibilities of local government. It simply cannot ignore this duty and blithely sit by while thousands of people, both inside and outside the industry, contract STDs.