Cal-OSHA Can't Seek AIM Healthcare Medical Records

OAKLAND, Calif. — A judge last week OK'd a protective order sought by "Patient Zero" over five years’ worth of information from the AIM Healthcare Foundation that Cal-OSHA had been seeking.

Patient Zero, the adult industry performer who was found to be HIV-positive in June, asked the court to seek an injunction against Cal-OSHA and AIM because released patient-identifying information would violate Patient Zero’s right to privacy and give irreparable harm to her, according to a suit filed by ACLU attorneys.

Alameda Superior Court Judge Judge Winifred Smith, in her ruling said that "once [Patient Zero’s] identifying information is revealed, the disclosure cannot be undone,” and that Cal-OSHA can carry out its probe with a variety of other options.

Smith also said that Cal-OSHA was not acting within its jurisdiction in subpoenaing the data through the years 2004-2009.

“Cal-OSHA is charged with, among other things, investigating 'causes of any employment accident that ... results in a serious injury or illness, or a serious exposure, unless it determines that an investigation is unnecessary.' Smith said in her ruling. “Plaintiff is concededly not an employee of AIM, and Cal-OSHA is admittedly not investigating the safety of AIM's employees, but of adult film industry employers."

Smith further said that Cal-OSHA is limited to investigating employers and their agents.

“There is no apparent need for identifying information of Patient Zero, or of patient-identifying information generally, for the purposes of investigation of AIM as an employer," she said.

Diane Duke, executive director of the Free Speech Coalition, said that Smith confirmed what the organization has long said: "Cal-OSHA is over-reaching its jurisdiction on what looks like a witch hunt focused on the adult entertainment industry."

"The facts of the case later revealed that only one adult industry performer has tested positive for HIV in more than five years," she said. "Moreover, the patient in question, Patient Zero, neither acquired HIV on set, nor infected any other person within the industry."

The suit over Patient Zero information was put on the fast track after her counsel from the ACLU learned of a meeting slated in July between Cal-OSHA officials and AIM personnel.

The court filing detailed the extent Cal-OSHA used its regulatory power to seek patient medical records at AIM, which provides HIV and STD testing and treatment mostly for adult industry performers.

Cal-OSHA, which conducted a surprise inspection of the AIM facility in Sherman Oaks, Calif., on June 17, later issued a subpoena to AIM but not to Patient Zero, who was informed by AIM on June 6 that results of an HIV test showed her preliminarily testing positive for HIV. (Patient Zero’s identity has never been revealed publicly.)

The subpoena issued by Cal-OSHA included requests for confidential public health records and “personally identifying information of AIM patents who tested positive for HIV that could reasonably be expected to identify or lead to the identification of Patient Zero.”

At the time, AIM personnel refused to produce records.

But Cal-OSHA officials scheduled a follow-up investigatory interview with AIM staff in Oakland, Calif., according to the suit.

Once Patient Zero’s attorneys got wind of the interview with AIM staff, they immediately shot off a request to Cal-OSHA objecting to it.

Patient Zero’s counsel said they never received any response from Cal-OSHA relative to the request; however a receipt of the letter showed that Cal-OSHA special counsel did receive the letter.

Patient Zero's counsel later filed its suit at Alameda Superior Court. Last week, they were successful with the injunction.

Related:  

Copyright © 2025 Adnet Media. All Rights Reserved. XBIZ is a trademark of Adnet Media.
Reproduction in whole or in part in any form or medium without express written permission is prohibited.

More News

Penthouse Names Liana Love November's 'Pet of the Month'

Penthouse Magazine has named model Liana Love as Pet of the Month for November.

Blake Blossom, Scarlet Skies & Sky Wonderland Star in Blacked Orgy

Blake Blossom, Scarlet Skies, and Sky Wonderland star with Isiah Maxwell, Jax Slayher, and Hollywood Cash in the latest orgy release from Vixen Media Group (VMG) studio imprint Blacked.

Eve Sweet on Turning Sexual Energy Into Crowning Glory

‘I was literally crossing my fingers,” says Eve Sweet, recalling the moment just before her name echoed through the Theater Amsterdam and she walked onstage to be crowned 2025 Euro XMAs Female Performer of the Year. “I was thinking, ‘Please, I worked very hard for this.’”

Octavia Red Makes Wicked Debut in 4th Installment of 'Viewer Discretion Advised'

Octavia Red has made her Wicked Pictures debut in the fourth scene from the studio's latest feature, "Viewer Discretion Advised."

OnlyFans Institutes Criminal Background Checks for US Creators

OnlyFans will screen creators in the United States for criminal convictions, CEO Keily Blair has announced in a post on LinkedIn.

Kimmy Kimm Lands Cover of Playboy Sweden

Playboy magazine’s Swedish edition has selected Kimmy Kimm as the cover model for its Nov. issue.

Lilly Bell Stars in Latest From Girlsway

Reigning XMAs Girl/Girl Performer of the Year Lilly Bell stars with Blake Blossom in “Roleplay with Me: The Case of the Canceled Party,” from Girlsway.

Madison Morgan Performs 1st Anal, Makes Elegant Angel Debut in 'Big Wet Asses 33'

Madison Morgan performs her first anal scene and makes her Elegant Angel debut in the thirty-third volume of "Big Wet Asses."

Zariah Aura, Yhivi Front Latest From TransSensual

Zariah Aura and Yhivi star in the latest scene from Mile High Media studio imprint TransSensual, titled “Two Slutty Clowns.”

Ana Foxxx Featured in Latest From Kink.com

Ana Foxxx stars with Baxxx in the new scene from Kink.com, titled “Teasing Her Toy.”

Show More