Dennis RomeroThe porn industry was being asked to shut down production again after another performer has tested positive for HIV.
The adult video trade group known as Free Speech Coalition today asked for a voluntary “moratorium on all production until further notice.” An official at the L.A.-based AIDS Healthcare Foundation told the Weekly that the organization believes this is the third case of HIV to hit the industry in the last few weeks:
The official said the latest performer to come up positive might be connected to a July 31 shoot for kink.com called “Public Disgrace” in which patient zero Cameron Bay performed. [Added at 7:25 p.m: This doesn't appear to be the case. See more in an update below].
A man reported to be her boyfriend, Rod Daily, outed himself on Twitter as the second performer to come up positive. He has worked in both gay and straight porn.
See also: Rod Daily: Second Porn Star Comes Up HIV Positive.
The Free Speech Coalition, through its Performer Availability Screening Services arm, says that more details on the latest positive will be released later.
It states simply that “another performer has tested positive for HIV.”
Credit: Cameron Bay in a photo she says was taken at the kink.com shoot. Via Twitter.
It's the second industry shut down since Aug. 21, when Bay's status set off what might now be described as an outbreak.
The AIDS Healthcare Foundation has expressed outrage over the situation, given that the industry is under an L.A. county law mandating condom use on-set. Even if the latest positive is connected to a Bay Area shoot, California workplace safety authorities have said that condoms are the rule statewide, too.
They just don't have the resources to enforce the regulation.
AHF filed a complaint with state authorities last month over the kink.com shoot that involved multiple performers in a scene: The group says condoms were not used.
See also: Porn Scene Involving HIV+ Performer Investigated by State.
The industry has resisted adopting condoms, saying consumers won't buy condom fare and that its monthly performer testing protocol works.
[Added at 4:28 p.m.]: AIDS Healthcare Foundation president Michael Weinstein used the occasion to call attention to its support for L.A. Assemblyman Isadore Hall's proposal to make statewide condom use in porn an on-the-books law in California.
Yesterday AHF called out L.A. Assemblyman Mike Gatto for allegedly blocking the bill, AB 640, even though it's not even in the assembly at this point (it's in the senate). However, a previous version of the legislation did die in the Assembly Appropriations Committee that Gatto chairs.
See also: Porn's Condom Battle Puts L.A. Lawmaker in Hot Seat.
Here's what Weinstein said in a statement sent to the Weekly:
We lay complete blame for this outbreak at the feet of Assemblymember Gatto, the pornographers and Los Angeles County. How many more before we act?
Asked what he thinks about the industry's decision not to reinstate the production moratorium last week after the second performer came up positive, Weinstein told us:
They're greedy. They profoundly don't care about these people.
We reached out to the Free Speech Coalition earlier but a representative said there was no additional information available at the time.
[Added at 7:25 p.m.]: A representative at AHF said it's believed the third porn star to turn up positive is a woman who was not involved with kink.com shoot mentioned above.
The Free Speech Coalition, meanwhile, said it doesn't believe the latest case was the result of an on-set transmission. A doctor on the Performer Availability Screening Services advisory board said the performer had not worked since before the first HIV-related moratorium went into effect Aug. 21 (it lasted until Aug. 27).
The FSC issued this statement to the media tonight.
Today, FSC/PASS was informed by one of the doctors affiliated with one of the PASS provider testing facilities that another performer has tested positive for HIV. As a result of this news, FSC is calling a moratorium on all production until further notice.
The criteria for the moratorium are established by the doctors on the medical advisory council which includes Dr. Sean Darcy and Dr. Peter Miao. The doctors are working in concert to do the research and create an accurate 1st and 2nd generational genealogy. They are also ensuring that the performer receives referrals, medical counsel and top quality care.
While we don't have evidence to suggest an on set transmission as opposed to a transmission from non-industry (off-camera) related activity, we are taking every measure to determine the source and to protect the performer pool. The cost of retests required for generational partners will be covered by FSC/PASS.
It should be noted that the last moratorium was lifted contingent on mandatory retesting after August 19th which exceeded the window period recommended by the PASS medical advisory council.
Dr. Darcy stated, “Because of these precautionary steps, the performer who has now tested positive for HIV, had not performed since BEFORE the first moratorium and was prevented from performing due to the required retest. Therefore, no performers were exposed to a new risk of on-set transmission as a result of this latest case, or Ms. Bay's infection.
Meanwhile, the AHF sent a letter to California assembly speaker John Perez asking him to do what he can to get AB 640, the mandatory condom law, moving forward in the legislature:
Now that there has been a third case of HIV in the adult film industry, we implore you to free AB 640 and allow it to come to a vote before the Legislature adjourns. We respectfully ask you to break the deadlock that has left this bill in limbo before one more person becomes infected with HIV or any other sexually transmitted illness. A clear message must be sent to the pornographers that they cannot defy the laws of the City and County of Los Angeles and the State of California. We ask you to personally come to the rescue of workers in this industry like you have on behalf of every other California workplace.
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