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Porn's Latest HIV Case Happened Far Away From California -- Just Like Other High-Profile Cases: So Why Force Condoms on L.A. Industry?

Categories: Porn

Thumbnail image for Thumbnail image for porn star ela darling darling ela com.JPG
eladarling.com
Porn star Ela Darling says no to condoms.
See Wednesday's story on how the performer was working for a well-known company, here. Also, updated at the bottom: An industry trade-group rep tells the Weekly a few things need to be made absolutely clear. First posted at 7:08 a.m.

The latest HIV scare for the adult video business happened out-of-state, according to the industry lobby known as the Free Speech Coalition.

An FSC statement forwarded to the Weekly notes that the test indicating a positive was conducted "outside of California," and director and film distributor Michael Whiteacre, who works closely with the organization, says that rumors are this case originated in Florida and that any subsequent exposures would likely happen there.

Whiteacre says that all the recent high-profile cases of HIV infections of adult performers happened outside the L.A.-based industry and its testing protocols. Why is this important?

The L.A.-based AIDS Healthcare Foundation has been using the cases to press its argument that testing isn't enough: L.A.-based porn makers should be forced to require condoms on-set.

Whiteacre notes that a 2009 case involved a patient in Nevada and that the high-profile case of Derrick Burts last year was widely believed to have originated in Florida. Burts was also exposed as someone who was offering services on an escort site. A 2004 case involved an L.A.-based performer who had gone on-location in Brazil, where female performers were Brazilian and not part of the L.A. testing system. (Ron Jeremy suggested to this writer at the time that this particular male porn star had dabbled in off-set sex).

porn star justine joli com.JPG
justinejoli.com
Justine Joli also opposes the AIDS Healthcare Foundation's efforts.

Here's the thing: The AHF is trying to get an initiative on the city ballot that would require the use of condoms for L.A.-permitted porn shoots.

The organization argues that condoms will make the industry safer. Hard to see this as untrue. Unless you consider Whiteacre's argument, which is this:

While L.A. is the nucleus of porn, it's not the only place it's produced. And requiring condoms could force production out-of-state, where regulations aren't as strict. Even porn's once-a-month testing protocol for performers pretty much only applies to L.A.-area shoots.

Whiteacre goes so far as to argue that AHF's efforts have already had their effect -- forcing production to move to places like Nevada and Florida where these very cases are cropping up outside the L.A.-zone protocols.

... We can now see the tragic consequences of driving adult production away from the San Fernando Valley (and/or underground).

Following yesterday's HIV-positive revelation, AHF chief Michael Weinstein told the Los Angeles Times:

How many performers must become infected with HIV and other serious STDs before the industry will clean up its act and government will do the right thing?

Read Whiteacre's comments here.

Update: A FSC rep reached out to us this afternoon to make a few things clear:

1) " ... There is NO confirmation of the performer or any performer testing positive at this time."

2) [Because the reported exposure happened outside California,] "at this point there is nothing to suggest that the occurrence has affected the Los Angeles-based industry, but producers, agents and performers are cooperating in order to uphold health & safety protocols."

[@dennisjromero/djromero@laweekly.com]

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24 comments
thirdaxis11
thirdaxis11

Just get rid of the fence jumpers and have the girls stop escorting and there wouldn't be any problems with enforcement of the goverment and authorities putting their noses in the Industry business. Anyway, the porn companies are not going anywhere and I think condoms are needed in this day and age. Vote yes on November 6th.

John Strange
John Strange

Is the ADMIN going to approve my comment on testing or are they too busy CENSORING posts? I made valid and true comments and they have yet to be posted.

Steve York
Steve York

Wow, what a crop of bullshit from Michael Whiteacre. Yeah, *sure* its AHF driving all that production out of Los Angeles. 

The "driving" away started five or six years ago when Florida companies (Brazzers, RealityKings) started paying a lot more for performers than what they'd receive for similar work in LA. While LA companies were years behind in the digital world, it was those same Florida companies who rose to prominence and took most of the internet porn market share with them. Florida companies weren't pushing actresses to do riskier and riskier scenes (multiple partners, multiple internal cum shots) like their counterparts in Los Angeles. Blaming AHF for this is just a ridiculous step by the LA producers who have no one but their greedy selves to blame. 

Sorry Michael, I'd take FSC a lot more seriously if you would stop speaking on their behalf. They have enough problems as it is. 

Michael Whiteacre
Michael Whiteacre

1) My point is not that AHF created porn production outside of the San Fernando Valley. There have been a few small pockets of (largely amateur) production outside CA for years. The Florida productions began once the economic downturn hit the adult industry -- long believed to be "recession-proof." Piracy and other factors you mention hit the traditional adult production companies hard -- and, in fact, it was once the industry was recognized to be hurting that people like Weinstein and Shelley "The Rebel Prophet" Lubben smelled blood in the water and came out on the attack.

My point is that AHF's agenda, as enforced by the jack-booted bureaucrats at Cal/OSHA, has ALREADY pushed adult production companies out of California (this is a fact) and will continue to do so. This is the foreseeable and inevitable consequence of AHF's crusade.

The larger point, however, is that AHF's attacks on AIM Healthcare -- the medical clinic which served adult performers since 1998, and which maintained and instituted protocols to be used in the event of HIV or other STI incidents -- was PURPOSELY and INTENTIONALLY destroyed by AHF. For G-d's sake, AIM actually PICKETED in front of AIM!

I quote director Ernest Greene: "It was the principle objective of AHF's smear campaign against AIM, conducted with the help of their low friends in high places in the local and state bureaucracies and mainstream media, to destroy AIM, and more importantly AIM's centralized data-base. They had to get rid of the system that was working in order to validate their claim that no working system existed, and they succeeded in this by playing hard, dirty and without let-up." 

In the wake of AIM's closure earlier this year, Weinstein said: "Now that AIM has closed--and the industry 'fig leaf' is gone--the responsible thing for the industry to do is to put performers' health first and require condom-use on all adult film sets."On Monday, as AHF's paid signature gatherers for its bogus LA ballot initiative were out in West Hollywood supermarket parking lots, Weinstein wrung his hands and solemnly intoned: "We take no comfort whatsoever in this new case. . . This is a tragedy, and we don't want to see one more person become infected with HIV or any other disease." 

This coming from the man who destroyed the health clinic for adult performers.  The current incident was a foreseeable consequence of AHF's actions. We are now all reaping what Weinstein et al have sown.

2) I don't speak on behalf of anyone but myself, and in fact I've never accepted one cent from ANY organization. I advocate for positions and principles in which I believe deeply. Free speech, free thought, sexual expression, and other libertarian ideals are among them. And I loathe hypocrites.

John Strange
John Strange

I love how you completely ignored my first comment and B Lee's comment (second)

Michael Whiteacre
Michael Whiteacre

I had nothing to add to your comments regarding testing. They are completely in accord with my own experience.  I too have ALWAYS seen the 30 day rule upheld by producers.

As for "crossover" performers, that's a hot-button issue, and has been for some time, but it seems to me that if the gay side of the industry also followed the 30-day testing procedure, crossovers would be a non-issue.

Steve York
Steve York

[The Florida productions began once the economic downturn hit the adult industry -- long believed to be "recession-proof."]So the porn recession hit in 2003 and 2004 when most of these Florida companies started and shot up in popularity? Riiiiiiiiight. 

["For G-d's sake, AIM actually PICKETED in front of AIM!"]First of all, pics or it didn't happen. And I would not be surprised if AIM was so stupid they actually protested their own clinics. 

[This coming from the man who destroyed the health clinic for adult performers.  The current incident was a foreseeable consequence of AHF's actions. We are now all reaping what Weinstein et al have sown.]

Weinstein may have played a role in AIM's downfall but its AIM's own damn fault. They've had serious issues with their testing protocols for years. Instead of seeking independent legal expertise on issues it became this incestuous tangle between the leaders at AIM and FSC. It was the same people heading each organization following the same terrible legal advice. AIM could have dealt with these issues YEARS ago. Numerous problems, suggestions and complaints were raised and ignored or dealt with years later. FSC instead of getting their houses of cards in order chased so many other less pressing issues that never went anywhere (repealing 2257, .XXX, Piracy five years too late.) 

But you seem to be such an expert on AIM. When was the last time you tested there? Was Sharon's parrot and its cage filled with a half inch of disgusting bird shit still ten feet from the blood draw and urine stations? Is that your idea of a sterile clinic that seems to have its cards in order?

KR
KR

Michael,

(1) Try talking to some of the newer girls about their first time and you'll find the answer to why I didn't just walk off the set. It's still my worst experience but at the time, I didn't know what to expect and I had no idea what to do.

(2) Look, I know you're just hoping that I'm not real, but sorry sweetie. I am well aware of when AIM closed. You asked if I was "current" so I mentioned that I had shot this summer. Do you need all of my shoot information before we can continue this? I took a break (left LA to live with my sis in Houston) so I wasn't around for the drama last fall and didn't shoot again until this summer.

And now I'm off to the emergency vet with my pup :-( so you can have the last word.

Sincerely,Most definitely not an AHF troll

Ela Darling
Ela Darling

May I email you to inquire about what you think girls going into the industry for the first time should know? Or you could facebook message me?

Michael Whiteacre
Michael Whiteacre

I talk to new performers all the time, and veteran performers, too. Nearly every day, actually.  They can usually answer questions such as: "Why did you do such and such" or "Why didn't you do such and such."  

You claim you're "not an AHF troll", but that phrase is a reference to something I just wrote on my Twitter account a little while ago. I find that interesting. And flattering, I guess.  I truly hope you find my tweets compelling, KR. Do keep reading, and watch the news the next few days -- I'm sure you'll read some of it with great interest.I sincerely wish you and your pup good luck at the vet.  Kiss kiss.

MW

KR
KR

"PS I LOVE the part where you write that you filed an OSHA complaint after your very first shoot.  If you actually are a member of the porn talent pool, you don't belong there."

Seriously, Michael? It is starting to sound like YOU'RE the one who really doesn't care about us. Look, it was an awful, disgusting shoot. I told some people about it, asked around, tried to figure out if this was normal or not.... and I found out that there were other rumors about this producer and I found out that there was a way for me to complain. So I did. You're really going to try and tell me that I should have just sucked it up, let him carry on with other naive girls, and that I "don't belong"?

I didn't comment further on AHF and AIM because I'm not an expert on the issues around it and I think it's complicated. It's my understanding that AIM did come together to try and figure out how to protect talent. Of course that's great. But I saw problems with it and I didn't exactly cry when it closed. 

For the record, I had really high hopes for APHSS when I first heard about it. I hope tests include throats and assholes - that really just makes sense - and I thought the pricing thing on twitter was weird. Having a doctor on site seems good. I really hope APHSS does a better job of providing care with more competent doctors and staff than AIM did.

John Strange
John Strange

I stopped using AIM MANY years ago after many problems and I would only use bio collections when it was just bio collections and not called talent testing service. I will go beyond the mistakes and explain:

AIM and Anylab (AIM being the main one everyone still now asks for even though they are closed e.g. "are you aim tested" and anylab, the company that Venitian down here in FL use to shoot for Bangbros) not only allow you to test POSITIVE for Hep and Herpes but they will at the performers request HIDE those results. Doubt me? You can't call AIM but go ahead and call Anylab and ask.

Talent Testing Service on the other hand will block your dashboard forever if you test positive for Hep but will let you keep testing if you test positive for herpes and they will not let you hide it, it just gets covered up by a new test with only a basic panel. 

There is no way to search for it, you would have to go over each and every test all the way back from talenttestingserice.com AND to biocollections.com to find out if there was a positive result from herpes. When I asked them why they will not make it easier to search, they simply said "our clients would not want that" Either way, they are a lot better then AIM or Anylab and I will NOT shoot with a model who uses anyone except TTS

As for condoms, they would be safer but I want it to be MY choice, once you let the government sink its claws into you it is hard to get them to let go. Censorship starts with one little rule/law and goes from there until you look back and realize you lost everything.

Don't want AIDS? Don't do porn. Don't want to get burned? Don't become a Fire Fighter. Period.

Michael Whiteacre
Michael Whiteacre

Fair enough.  Let me rephrase, then: If it was an awful, disgusting shoot, why didn't you walk off the set?  When did you decide it was awful?  After the fact?

I'm not saying you don't have the right to complain -- you absolutely do. I support that right 100%.  It's just, the way you put your tale just sounded very odd to me.

Like the fact that you write you "did some scenes this summer" -- but AIM closed its doors in late April.

I'd like to know how you tested at a facility that was closed... 

KR
KR

Not sure why I can't reply to your most recent post, so this is going to show up weird.

I've got shit to do, so this is going to be brief.

(1) I don't know what your definition of "real current adult performer" is. I did some scenes this summer. I'm definitely not a veteran and I'm not sure I'll be staying in much longer, but I still think my opinion counts for something...

(2) I'm not concerned about the accuracy of a PCR test for HIV. I know they're very accurate. But lots happens in 30 days... and the early part of the infection is when HIV is most infectious. 

(3) I agree with you that the failure rate of condoms is a huge concern... but that still doesn't mean that testing is enough! And I've never used a condom while shooting (which is obviously different), but I have never, ever had a failure in my personal life... and I've had a LOT of rough sex... so I think that 15% number sounds way too high, but maybe that's just me.

(4) Jesus Christ, I can't believe you quoted "The Office of Scientific Justice." Seriously??!? Have you seen that website? Why would you be more inclined to believe someone whose "scientific" stance flies in the face of the vast, vast, vast majority of experts? How is that rational?

(5) For the record, I did file a complaint after my very first shoot (which was not at all what I expected it would be like!!) when someone pointed me to the Cal/OSHA reporting thing. But I'm still not going to go speak up at a meeting... 

(6) Do you know anything about the history of public health? I'm glad the government has developed regulations for food, automotive, etc that help keep us safe. And maybe you'll say that I've drunk the kool-aid, but it really is different since we're doing this for work. This is not our private life (where, for the record, I insist on condoms with my partners).

(7) I'm not affiliated with AHF so I'm really not going to comment on their actions or inactions. All I know is that it seems like a logical fallacy to me for you to imply that their attention to porn must be invalid because, for whatever reason, they're not involved in every problem around HIV. That seems like a silly argument to try to make.

Michael Whiteacre
Michael Whiteacre

I don't believe a thing you just wrote.

And I note that you didn't respond to any of my points about AHF destroying AIM, or the service that AIM provided compared to AHF's value to adult performers.  That's quite telling.Nonetheless, I'll leave you with one more:You wrote that AIM "did some good, but it really wasn't good enough. We deserve better!"

Well, you've got it.  It's called APHSS -- the program launched by FSC in the wake of AIM's destruction by AHF and its willing accomplices at Cal/OSHA.  It utilizes all the AIM testing (and exposure) protocols, PLUS it maintains a database which is compliant with the latest regs and case law PLUS it offers a doctor ON SITE, who can also do medical follow-up.

PS I LOVE the part where you write that you filed an OSHA complaint after your very first shoot.  If you actually are a member of the porn talent pool, you don't belong there.

Cordially,

MW

KR
KR

Michael,

I don't understand why you are so intent on vilifying AHF with regards to their actions against AIM. They really weren't that great of a clinic... there were a lot of medical things that they did wrong. I know they didn't give me adequate treatment for gonorrhea and I ended up going to a county clinic to get the correct meds. That, along with some of my friends' experiences, really made me not trust the place to take care of me. 

I know Weinstein isn't the most loved guy in this town, and you can disagree with him on the specifics of his policy all you want, but think about this seriously - do you honestly think he is trying to do anything other than help talent? This is a guy who created an organization to provide for people dying of AIDS in the 80s which now provides pretty awesome medical care to a ton of people, from what my friends in care there say.

And you may say that AIM was "the medical clinic which served adult performers since 1998, and which maintained and instituted protocols to be used in the event of HIV or other STI incidents" and yeah, it did some good, but it really wasn't good enough. We deserve better!

I'm happy that there is change coming and I hope it will be change for the better. I'm in porn because I need the money so you won't find me sticking my neck out at a Cal/OSHA meeting or going on record. But I'm constantly worried on set because a hell of a lot can happen in 30 days. Condoms may fail sometimes, but I'd feel a lot better if I could see my partner wearing one, and condoms + testing would really help me sleep at night.

Michael Whiteacre
Michael Whiteacre

KR, if you are indeed an actual current adult performer -- a big "IF" by the way --  you have the choice to wear condoms. There are many condom-only performers. But forcing other consenting adults to do something is out of line.

The accuracy of any one PCR-DNA test for HIV is over 95%. When you talk about multiple monthly tests, the margin of error becomes microscopic.

Condoms have a widely reported failure rate of up to 15%!

Do I honestly think Weinstein is trying to do something other than help the talent?  Yes. Yes I do.  

AIM protected and potentially saved thousands of lives by barring HIV+ people from entering the porn talent pool.  How many adult performers has Michael Weinstein saved?

Do you really think that destroying a health clinic was a kind-hearted, charitable move by Mr. Weinstein?

This is all about product placement.  To quote Clark Baker of The Office of Medical & Scientific Justice, "AHF pushes condoms because they are an intrinsic part of AIDS marketing and hysteria. If AHF can compel the adult industry to incorporate their condoms into a spontaneous sexual fantasy (Hey Baby… here we are in paradise… just you, me and this AHF condom), they will get the best product placement money can buy.  In this way, AHF is a pharmaceutical shill that pushes fear and hysteria to sell tests, drugs and condoms all over the world."

AHF claims that the pool of active adult performers is his constituency -- where are they?  AHF DOES NOT HAVE ONE ACTIVE PERFORMER SUPPORTING HIS CRUSADE. Only wash-outs and those whose medical (and legal) fees are being paid by AHF.  I do not buy the hackneyed "I'm scared to come forward" BS.  Cal/OSHA complaints can be registered anonymously.  But whence do we see the OSHA complaints emanating? From AHF -- an outside party with an agenda. Naturally.

I am opposed to our government forcing a sector of the entertainment industry to make safer sex ads instead of entertainment. What's next? James Bond wearing SWAT tactical armor? Vin Diesel keeping it under 65mph in The Fast and The Furious 6?  Violence and automotive collisions represent just as significant a public health threat, if not more so.

AHF is the largest GLOBAL AIDS organization.  Why aren't they off in Taiwan, where a hospital recently transplanted 5 HIV-infected organs?  Or in the Philippines, where 124 units of donated blood just tested positive for HIV? Or in the UK, where the BBC reports that HIV cases on the rise in Devon and Cornwall?

Or in Wisconsin, where 2,345 patients of a medical clinic may have been exposed to HIV and/or Hepatitis?

Those are REAL public health crises. Where's AHF?  They're busy grabbing headlines fighting porn.

E S
E S

What a crock. Notice that Yahoo won't even allow comments on this article and it's been on their front page all day.

shepdogsd
shepdogsd

Maybe they are barking up the wrong tree...they should be tested for drug use regularly as well.  The IV drug user probably caught it first.

B. Lee
B. Lee

Umm, correction. I've performed in scenes all over the country...and all over the world. I have yet to be on a set that did not require performers to test every 30 days or less. To say that 'outside of LA regular testing is not the norm' is a gross misrepresentation of fact. Furthermore, these cases of HIV contraction have very little to do with the opposition of the interest conflicted religious-right. It's truly a matter of deplorably irresponsible, self-centered male performers "crossing over" from gay porn (which notoriously does NOT have testing protocols in place, and does NOT always use condoms) into boy/girl porn. If anyone is aware of an inter-industry situation in which a female peformer contacted HIV from a male that ABSOLUTELY did NOT participate in any homosexual activity...I'd be shocked to hear about it.

John Strange
John Strange

Biggest crock of SHIT I have read in a LONG time. I have been male talent for nearly 8 years and shot in 4 countries and 10 states and I have always held and seen the 30 day rule held by producers. No one in Florida except a dip shit GWC posing as a producer or some washed up clips4sale producer or retarded clips4sale producer will by pass the 30 day rule. It is STANDARD. "Even porn's once-a-month testing protocol for performers pretty much only applies to L.A.-area shoots."

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