Home > Features > FSC Applauds Court’s Decision on Performer Privacy • Bookmark   • Newsletters   • Register Search Options

FEATURE

FSC Applauds Court’s Decision on Performer Privacy

FSC Applauds Court’s Decision on Performer Privacy

June 24, 2011
Text size: 
Get XBIZ News
XBIZ Research
Will virtual reality boost the paysite market?
Yes, it will soon
  39.66%
Yes, but in a few years
  36.87%
No
  23.46%
Out of 179 votes. Results based on votes submitted by members of XBIZ.net social network.

Alameda Superior Court Judge Winifred Smith this week issued a decision blocking Cal/OSHA’s subpoena for information in the 2009 case of “Patient Zero.” The state regulatory agency had subpoenaed now-defunct Adult Industry Medical Healthcare (AIM) for employment and medical information of Patient Zero, an adult performer, as well as all other adult performers who had received testing or treatment at AIM.

Judge Smith pointed out in her decision that Cal/OSHA’s request for information violated privacy rights of adult performers under the U.S. and California constitutions.

The judge issued a permanent injunction prohibiting Cal/OSHA from subpoenaing the confidential health records, medical information and personal identifying information of Patient Zero.

CalOSHA had argued that because adult performers tested at AIM had signed waivers allowing adult producers to view their test results that they had given up expectation of privacy.

However, the judge found that Patient Zero, as well as other performers, had reasonable expectation of privacy, and that Cal/OSHA had not “demonstrated by evidence or argument, a compelling need for the information sought in the subpoena.”

The court’s action is the latest development in proceedings by Cal/OSHA to regulate workplace safety on adult production sets, largely spurred on by complaints filed by AIDS Healthcare Foundation (AHF).

Attorney Karen Tynan, who specializes in OSHA litigation and has represented several adult companies, told FSC, “This ruling is a bit of a bittersweet victory since AHF has brought about the demise of AIM.

“However, this shows that AIM was properly and legally protecting patient privacy at all times,” she added.

Since 2009, AHF has relentlessly campaigned to mandate condoms and other barrier protection on adult production sets. The nonprofit HIV/AIDS organization continues to assert that sexually-transmitted infections in the performer population present a public health threat of “epidemic” proportions, citing data presented by LA County Health officials. To date, AHF has filed lawsuits and legal complaints against adult production studios, talent agents and LA County Health, in its attempt to force its condom-only agenda on the industry.

FSC, along with Tynan, industry stakeholders and compliance experts have been working with Cal/OSHA to arrive at industry appropriate regulations for workplace safety.

Recognizing the gap left by the closure of the AIM clinic, FSC is currently developing Adult Production Health & Safety Services (APHSS), in order to ensure that STI testing protocols for the industry continue, and to protect the safety of performers. Tynan will serve as legal advisor for the APHSS Advisory Committee, when the program is launched.

“New procedures and plans for industry medical testing and protection of performer privacy will be consistent with the legal analysis and conclusions offered by Judge Smith,” Tynan said.

(Photo courtesy of Glentamara)


EDUCATIONAL FEATURES

Cam World: A Good Grind Reaps Riches

For years, webcam modeling was taboo and considered by many as a dirty and raunchy activity. However, in today’s economy, webcam jobs are being accepted more and more by everyone across the globe.... More »

Cam World: Beauty on Point — Models Talk Tradecraft

Cam girls are the girls that are always on point — with the perfect make-up and perfect skin, the shiny hair and long nails. Given their expertise, I asked some of the girls from Studio 20 if they... More »

Cam World: Camming and Toys Go Hand in Hand

There is nothing more satisfying than pleasure, especially if it is sexual. The size or the presentation of the stimulus does not matter if the sensations and tension the body receives transform the way... More »
XBIZ NEWSLETTERS
Stay informed of the latest industry developments. Get XBIZ newsletters delivered to your inbox. Subscribe today!
Enter email address:

* To manage existing subscriptions click here.






POPULAR PRODUCTS & SERVICES
Submit your press release to
multiple news outlets with 1 click.
Subscribe to RSS news feeds or
add free content to your website.
Access XBIZ news and articles
with your mobile device.
Subscribe to XBIZ Premiere magazine, the industry's leading adult retail trade publications, delivering the most timely and comprehensive business news and information to producers and retailers of adult products.

UPCOMING EVENTS

XBIZ.net Paysite Meetup

May 04 - May 04
Prague, Czech Republic

Eurowebtainment 2017

May 17 - May 20
Majorca, Spain

XBIZ Retreat

May 30 - Jun 03
Miami, Florida

XBIZ Miami 2017

May 30 - Jun 02
Miami, Florida
Everyday thousands of business professionals browse XBIZ's industry directory for quality products and services. Not listed yet? Your company could be losing potential new business. Submit your company today!
Use XBIZ RSS feeds to stay informed of the latest industry developments or as a content syndication tool for your website!