I thought this might be relevant to some of the discussion on this list.

Selma



----- Original Message -----
Sent: Tuesday, January 14, 2003 11:05 AM
Subject: [AB] (LONG) Performers in Unregulated CA Porn Industry are infected
with HIV


> By P.J. HuffstutterTimes Staff WriterJanuary 12 2003During
> production of the 1997 movie "Mimic," American Humane Assn.
> representatives wandered through the Los Angeles set,
> ensuring that a herd of cockroaches was well taken care of.
> Licensed animal handlers were to follow state and federal
> anti-cruelty laws designed to protect the
>
http://www.latimes.com/features/printedition/magazine/la-tm-pornjan12.story
> See No EvilIn California's unregulated porn film industry,
> an alarming number of performers are infected with HIV and
> other sexually transmitted diseases. And nobody seems to
> care.insects, which had been trained to swirl around actress
> Mira Sorvino's feet. The roaches had to be fed at a certain
> time. They could only work a few hours each day. They could
> not be harmed.At the same time, in studios in the San
> Fernando Valley, scores of other actors and actresses were
> workingon movies. They put in long hours, commonly without
> meal breaks. They often worked without clean toilets, toilet
> paper, soap or water. More importantly, they were exposed to
> a host of infectious, and sometimes fatal, diseases.These
> performers were making heterosexual adult films for an
> industry that in California is entirely legal, and utterly
> unregulated. Its producers take in several billion dollars
> annually from cable television programming, videos and
> Internet sites watched by a public whose appetite seems
> insatiable. They pay taxes, lobby in Sacramento and
> contribute to political campaigns.Yet actors and actresses
> are discouraged from wearing prophylactics during filming
> because porn producers believe the public wants to see
> unprotected sex. So adult porn stars commonly engage in
> sexual acts with scores of partners, and then return each
> evening to their private lives--dating orhaving
> relationships with people across Southern California.In the
> words of former U.S. Surgeon General Joycelyn Elders, when
> told about the lack of oversight of the adult film industry:
> "These folks are a reservoir. They don't just have sex with
> one another. They have sex with regular people outside their
> business--doctors, lawyers, teachers, your next-door
> neighbor."But California regulators and political officials
> don't believe the public is worried about protecting the
> porn stars themselves--despite the enormous popularity of
> the films they produce. As David Gurley, staff attorney for
> the California Labor Commissioner's office, says: "Porn
> stars--people think they're not worth the time. The public
> sees these people as disposable."Told of those remarks, and
> similar ones by other California officials, former Surgeon
> General C. Everett Koop said: "That's ridiculous. That's the
> same thing we heard about the gay community back in the
> early days of AIDS." Koop was an early crusader in the fight
> against the disease.Koop and others note that in Nevada,
> legal brothels are subject to stringent state oversight--and
> the spread of sexually transmitted disease in that industry
> has been reduced to trace amounts. In California, the adult
> film business, which has expanded to include the most risque
> forms of sex widely referred to as Triple X, is remarkably
> similar in scope to Nevada's legalized prostitution in terms
> of the number of people employed and the nature of the job.
> Yet the only monitoring in Triple X is a form of modest
> self-regulation by some companies that request health tests
> before performers go on camera. But even that practice is
> neither widespread nor tightly monitored. "The fact that no
> one's watching this industry is shocking," Koop says. "How
> many peoplehave to be infected with an STD before someone
> does something?" Anne Marie Ballowe: Porn actress NARRATED
> SLIDE SHOWActress Anne Marie Ballowe is a former porn star
> who flourished in the burgeoning business. She was born in
> Taegu City, S. Korea, the daughter of a U.S. serviceman and
> a South Korean woman. The family moved to the United States,
> where her parents soon divorced. Her mother gave her to her
> father, who was living in a small Missouri town, when
> Ballowe was 7. She says she was raped by schoolmates at age
> 16. The following year she ran away to Los Angeles with
> dreams of a better life.She found it. Sort of.Ballowe became
> famous, paid thousands of dollars to grin for the camera,
> prance beneath the hot lights--and have sex with strangers.
> For years she enjoyed the perks of her job, shuttling around
> town in limousines, attending hot Hollywood parties, dating
> famous athletes and rock 'n' roll gods. During her seven
> years in the business, she starred in scores of Triple-X
> films.Legal and medical records show she walked away from
> the business in 1998 with chlamydia, which could make her
> sterile; cytomegalovirus, which could eventually make her
> blind; hepatitis C, which has damaged her liver; and HIV,
> which could cause AIDS and probably kill her. According to
> medical records, her liver is too damaged--in part because
> of the hepatitis--to allow her to take the anti-viral drugs
> that could delay the onset of AIDS.Along the way, she also
> became a drug addict, and she has exhibited symptoms of
> schizophrenia. Today the 29-year-old former actress lives in
> Honolulu. There, sitting inside an AIDS clinic for homeless
> patients, waiting for medication, she hides her past behind
> an engaging smile. "I know people hate what we do," she
> says. "But porn stars make a lot of money for other people.
> If farmworkers have rights, so should we. The laws need to
> change." Anne Marie Ballowe: HIV positiveHours later,
> staring at the TV screen inside a friend's apartment,
> Ballowe watches a clip from a 1998 video she made for Hard
> Core Television and K-Beech Video Inc. It is the film in
> which Ballowe has alleged she was infected with HIV by an
> actor named Marc S. Goldberg. She was paid $10,000 for her
> work, but records show the check bounced just days after she
> learned that she was HIV positive.As the video plays,
> Ballowe quietly excuses herself and walks into the bathroom,
> locking the door behind her. Water runs into the sink,
> nearly muffling the sound of retching.Ballowe's rise and
> fall in the business is not unusual, but her reaction is.
> She filed a lawsuit with the California Workers'
> Compensation Appeal Board against Hard Core Television, the
> producer of thevideo, and K-Beech, the distributor. Ballowe
> alleges that Goldberg faked a test showing he was HIV
> negative. Included in the lawsuit is a copy of an HIV test
> supposedly taken by Goldberg on March 21, 1997, nearly a
> year before the two actors worked together. The result is
> negative.The document says the test was conducted by the
> Medical Science Institute in Burbank--a laboratory that
> filed for bankruptcy in 1995, and whose assets were
> purchased by Physicians Clinical Laboratory Inc. in February
> 1997. The document also shows that Goldberg's blood sample
> was taken at Northeast Valley Health Corp.'s Pacoima
> offices, by a physician identified only as
> "Martinez."Officials from Northeast Valley told The Times
> that no doctor by that name worked at their facilities
> during this time. "We had a doctor named Martinez, but he
> left and moved out of the area back in 1985," says Kimberly
> Wyard, chief executive officer.Goldberg could not be reached
> for comment despite nearly two dozen attempts to contact him
> by phone and in person at his home and at the video company
> where he works. No response from Goldberg to Ballowe's
> lawsuit is on file with the state. Hard Core Television and
> K-Beech have filed papers denying responsibility.Ballowe's
> suit says that during several days of filming in Chatsworth
> in February 1998, the actress had sex with about 25 men--a
> mix of actors established in the business, would-be stars
> trying to get a break in the industry and adult-film fans
> who had been recruited at adult video stores. Most of the
> men showed up at the set with paperwork that declared they
> were HIV-negative. Some wore condoms. Others, like Goldberg,
> did not."I had known Marc for years, so I didn't make him
> wear one," Ballowe says in an interview. "I was going on
> good faith" that he was not infected. In her lawsuit,
> Ballowe says that K-Beech and Hard Core failed to provide a
> safe work environment, as required by state law.
> Specifically, she claims the businesses failed to "verify
> the health certificates provided . . . to ensure their
> accuracy and reliability." She also claims the companies
> failed "to furnish and use safety devices and safeguards for
> the benefit of the employee . . . with knowledge that
> serious injury to applicant would be a probable result.""If
> I was a prostitute in Nevada, I'd still be alive," she says
> in an interview. "If I'd been a migrant farmworker, I'd
> still be alive. As it is, I'm dead. I'll be buried before I
> get wrinkles."Ballowe's lawsuit has become the leading
> example cited by all those who argue for regulation of the
> industry. It was filed in 1998, at a time when, one by one,
> porn actresses were testing positive for HIV. Among industry
> veterans, those years are now known as "the dark times." In
> January of that year, actress Tricia Devereaux tested
> positive. She was followed by Ballowe in March; a Hungarian
> performer, who used only the stage name Caroline, in April;
> and Kimberly Jade in May."I could have given this to my
> boyfriend," Jade says. "Any of us could have and not known
> because we were getting tested only once a month, for HIV.
> The only thing we all have in common is Marc. But we had no
> idea how to prove that he did it."Some companies, such as
> Vivid Video Inc. in Van Nuys and VCA Pictures in Chatsworth,
> insist performers bring a recent HIV test to the set and use
> condoms when they perform. But dozens of Triple-X filmmakers
> have no such requirements. Even at those that do, the rules
> can be easily overlooked, according to interviews with more
> than three dozen actresses working for various Triple-X
> companies."It's up to the talent to say [to other
> performers], 'Let me see your HIV test,' or 'Hey, I need a
> condom,' " says Robert Herrera, production chief of Simon
> Wolf Productions in Chatsworth. "It'd be great to have
> everyone wear a condom and a good thing to force everyone to
> test for everything. But it's impossible to do that in this
> business."Gay pornographers abide by a different set of
> rules: No condom, no HIV test, no audience. Nearly all gay
> Triple-X production studios throughout the industry demand
> condom use and other protections. The decision is rooted in
> financial concerns. While there is a niche audience for
> films that depict unprotected sex, few retail and Internet
> outlets will carry such movies for fear of drawing public
> criticism."They all wear condoms," says Roger Tansey, former
> executive director of Aid For AIDS, a West Hollywood-based
> nonprofit that provides financial assistance for people with
> HIV. "Gay actors and gay viewers don't see unprotected sex
> as a fantasy. They see it as watching death on the
> screen."Though the porn industry is huge when measured in
> dollars, it has relatively few employees. Talent agents say
> there are typically 500 Triple-X actors and actresses
> working at any given time in Southern California. But
> because the average career lasts just 18 months, the number
> of people who have worked on Triple-X sets over time is
> actually far higher, exceeding thousands per decade. HIV
> testingThe extent of infection among those performers is
> unknown because no government or regulatory medical agency
> has ever tracked the industry consistently. The limited data
> that does exist is alarming. The Adult Industry Medical
> HealthCare Foundation (AIM), an industry-backed clinic in
> Sherman Oaks, administered voluntary tests to a group
> consisting primarily of adult film workers. Of 483 people
> tested between October 2001 and March 2002, about 40% had at
> least one disease. Nearly 17% tested positive for chlamydia,
> 13% for gonorrhea and 10% for hepatitis B and C, according
> to Sharon Mitchell, a former adult actress who founded AIM.
> None of the tests came up positive for HIV, Mitchell said.
> The testing was funded in part by the Los Angeles County
> Health Department.By comparison, 23,277 cases of gonorrhea
> were reported statewide in 2001, less than one-tenth of 1%
> of the state's population, according to the Department of
> Health Service's division of communicable disease control.
> For chlamydia, 101,871 cases were reported for the year, or
> about three-tenths of 1%--a rate health officials consider
> epidemic. The chlamydia rates in the porn world are about 57
> times higher than those epidemic proportions. But that and
> other statistics can also be explained by the small size of
> the population and its abnormally high rate of sexual
> activity.The industry agreed to start AIM under pressure
> from Mitchell and others, after Ballowe and several other
> actresses contracted HIV. "We don't test everyone in the
> business," Mitchell said. "People come into this business,
> and they leave this business. We can follow many of them,
> but not all." For every positive test, the clinic contacted
> the performers' partners and tested them as well. On
> average, said Mitchell, one positive STD test for a porn
> star led to the discovery of four other infections. Behind
> the scenes NARRATED SLIDE SHOWThe figures obtained by AIM
> are "clearly an indication of what's happening," says Dr.
> Peter Kerndt, the county health department's STD control
> director. "We support AIM's effort, but we can't help them
> very much financially. Our budgets are tight, and there's no
> public outcry over this."But even we wonder why we don't
> have the same legal requirements in California that they
> have with legalized prostitutes in Nevada."It's a point that
> comes up repeatedly about health conditions in the porn
> industry: Why not regulate as Nevada does?The answer is that
> on the evolutionary chain of vice--from gambling to
> sex--California now seems behind its neighbor state. It is
> Nevada that imposes strict controls on and derives healthy
> revenues from legalized gambling. It is Nevada that has
> devised a way to keep the legal sex business healthy.The
> worlds of legalized prostitution in Nevada and adult films
> in California are strikingly similar. Nevada's legal
> brothels employ from 250 to 400 licensed prostitutes at any
> time and they typically stay in the business only a short
> time, says George Flint, executive director of the Nevada
> Brothel Owners Group. The women who work in the state's 26
> legal brothels are required by state law to practice safe
> sex. Doctors and epidemiologists alike say the rules have
> all but eradicated the transmission of STDs within the
> workplace.In 1999, for example, there were 28 cases of
> prostitutes who tested positive for either gonorrhea or
> chlamydia, according to officials with the Nevada Department
> of Human Resources Health Division. Government officials say
> that most of those who were infected contracted their
> diseases outside the brothels."What we've found is that the
> positives are nearly all from women who are being tested
> [for STDs] as they enter the system for the first time,"
> says Dr. Randy Todd, Nevada's state epidemiologist. "On the
> rare case that they've contracted after being in the system,
> we've found that they've had unprotected sex with a
> boyfriend or husband, and that's where the [infection]
> occurred." There have been no cases of HIV since Nevada's
> brothels were ruled legal in the mid-1980s."If we had the
> numbers you're seeing in California, our phones wouldn't
> stop ringing," says Rick Sowadsky, health program specialist
> for the Nevada State Health Division. He says the infection
> rates in California's adult film business "are unreal. What
> a public health crisis."In Nevada, the state health
> department's Bureau of Disease Control and Intervention
> Services began requiring customers in brothels to use
> condoms. A violation is a misdemeanor. To have HIV and not
> wear a condom is a felony. At Moonlite Bunny Ranch NARRATED
> SLIDE SHOWThe brothels also have a huge financial incentive
> to follow the law. "If the police catch one of the workers
> not using a condom, the house gets hit with a fine," says
> Dennis Hof, owner of several brothels, including the
> Moonlite Bunny Ranch in Carson City, Nev. "The second time
> it happens, the house gets shut down permanently. That will
> not happen to us. That's why we hire people to go in and
> test the girls [on using condoms] ourselves."Brothels keep
> health and test records for each prostitute. Once a week,
> the women are required to visit a doctor, or the doctors
> arrive at the brothels themselves. Blood and urine are drawn
> and sent off to one of a handful of state-regulated labs.
> Local authorities can--and do--stop by for periodic checks
> on the paperwork.A main objective of the monitoring is to
> keep the operation thriving. "If we had the disease rate you
> see in the porn world, we'd be out of business tomorrow,"
> says Flint. "All it would take is one customer saying he
> picked up an STD in one of our houses, and our industry
> would be gone."To offset the state's regulatory costs,
> prostitutes pay a host of fees--ranging from the required
> medical tests, as well as state registration and licensing
> fees. Last year, those brought in about $175,000 in Nye
> County, where a dozen brothels operate. That's a relatively
> small amount in a county with a general budget of $50
> million. But the impact is clearly felt: The county's
> emergency services received $60,000 from the licensing fees,
> which was used to pay for new ambulances.Prostitutes
> regularly face pressure to avoid using condoms, says Dr.
> Alexa Albert, author of "Brothel: Mustang Ranch and Its
> Women." Her research, detailed in the book and in reports
> for the American Journal of Public Health, showed that more
> than 65% of the women said at least one of their customers
> had balked at wearing a condom each month, offering as much
> as $1,000 to do without. None of the women Albert
> interviewed said she had agreed to unprotected sex."Each
> brothel has to have the disease status on file from their
> workers," says Albert, a gaduate of Harvard Medical School.
> "There's too much at risk legally."In California's Triple-X
> world, there is no legal risk because no one is watching
> over the business. "If California is the only state where
> it's legal to be paid for having sex in front of a camera,
> it's going to be up to the state of California and the local
> agencies to do something about regulating it," says
> Frederick S. Lane III, an attorney and author of "Obscene
> Profits: The Entrepreneurs of Pornography in the Cyber
> Age.""But it would be political suicide for anyone in
> government to come forward and try to start regulating the
> porn industry," Lane says. "That's why nothing's been done."
> Though there are labor laws in place that could be enforced,
> new legislation would be needed to bring California in line
> with Nevada's regulations.Actresses Britni Taylor and
> Savannah Rain lean against the back wall of a crowded North
> Hollywood soundstage. They listen, occasionally yawning, as
> cameraman Glenn Baren and his all-male crew from the
> production shop Extreme Associates try to figure out how to
> reconfigure the small set to accommodate various camera
> angles. Baren paces across the concrete floor, listening to
> suggestions from the crew. The actresses stare at the
> ceiling. No one asks their opinion. Finally, it's decided:
> The first scene will be shot from the foot of the bed.There
> are no condoms on the set. There's no toilet paper in the
> bathroom. The performers brought boxes of baby wipes. Soiled
> sheets litter the ground, creating a trail to the bed. For
> more than two hours, Taylor and Rain engage in unprotected
> sexual acts with a male performer.During a break, Rain asks
> director Thomas Zupko for her co-workers' HIV tests. Handed
> a stack of papers, she flips through the documents. One is
> missing--Taylor's. Rain asks repeatedly for her paperwork,
> but she balks. "I don't have [expletive] AIDS," Taylor
> finally says. "I am not [having sex with] you."Stunned, Rain
> says nothing. Minutes pass, then Baren picks up the camera
> and filming continues.Off to the side, an actress mutters:
> "That is why we take so many prescriptions."What happens on
> these sets is invisible to elected officials in Sacramento,
> where each spring pornographers travel to meet with state
> legislators in a daylong lobbying blitz. Under the banner of
> the Free Speech Coalition, a 900-member San Fernando
> Valley-based trade group for the adult entertainment
> industry, moviemakers and former actresses knock on doors
> and stump over taxation issues. They have lobbied against
> regulation and pass out industry-funded research that touts
> their economic impact on California: an estimated $31
> million in state sales tax from the rentals of 130 million
> adult videos and nearly $1.8 billion in Internet sales and
> Web site traffic nationwide.Among the lobbyists at last
> year's meetings was porn actress Julie Meadows. She wandered
> the hallways with a list of politicians she would visit. Her
> task: talk about pending legislation, including debate over
> tax breaks and real estate laws that could either hurt or
> help adult filmmakers. Meadows begins knocking on doors,
> including those of Democratic Sen. Kevin Murray of Culver
> City, chairman of the Select Committee on the Entertainment
> Industry, and Democratic Sen. Richard Alarcon of Van Nuys,
> chairman of the Senate Labor Committee."They didn't ask a
> lot of questions," Meadows, who works for VCA Pictures, said
> afterward. "When they did, it was all about the business.
> There were no questions about the day-to-day activities of
> our job, or what happens on the set."Months later, when
> asked about Meadows' visit to Murray's office, his
> spokeswoman, Yolanda Sandoval, told The Times that the
> senator "doesn't remember seeing them this year." Alarcon
> declined to comment.Other lawmakers who chair health or
> labor committees in Sacramento also declined to comment on
> the lack of regulation of the Triple-X industry. Among those
> called by The Times were Democratic Assemblyman Paul Koretz
> of West Hollywood, who chairs the Labor and Employment
> Committee; Democratic Assemblyman Dario Frommer of Los
> Feliz, chair of the Health Committee, and Democratic Sen.
> Deborah Ortiz of Sacramento, who heads the Health and Human
> Services Committee.Perhaps the most remarkable aspect of the
> lobbying is how fast it has become unremarkable. Little more
> than a decade ago, appearances by Meadows, or anyone in the
> industry, would havebeen unthinkable because pornographers
> were battling a Justice Department crusade against
> transporting "obscene" materials across state lines.Then, in
> California, the industry caught a break. Harold Freeman, who
> was president of Hollywood Video Production Co., contested
> pandering charges against him, basing his argument on a 1973
> ruling by the U.S. Supreme Court. In Miller vs. Calfornia,
> the high court had defined obscenity as material that
> depicted sex in a "patently offensive way," lacking in
> literary, artistic, scientific and political merit, and
> appealing to an average person's "prurient interest," as
> determined by the local standards of each community.In
> effect, the court said that if a locality deemed sexual
> content sufficiently artistic, it was not obscene.To the
> California Supreme Court, ruling in Freeman's case, that
> definition meant that an adult filmmaker could hire actors
> and actresses to perform sexual acts as long as they were
> being recorded on film. In its 1988 decision, the California
> court said there is no evidence that Freeman paid the acting
> fees "for the purpose of sexual arousal or gratification,
> his own or the actors'." Instead, he hired them simply to
> make a non-obscene movie--an act protected by the First
> Amendment.Just like that, making porn was legal in
> California. The industry exploded, thanks also to the VCR
> revolution, which made it possible for people to watch in
> private rather than at seedy adult theaters. What's more,
> anyone could buy a video camera and go into the filmmaking
> business. A cottage industry of "amateur" pornographers
> cropped up in the San Fernando Valley. They competed against
> several major adult studios: VCA Pictures Inc., Wicked
> Pictures, and Sin City Films, all in Chatsworth, and Vivid
> Video Inc. and Evil Angel Productions in Van Nuys.Over the
> years, the companies grew larger--and politically smarter.
> They help fund the Free Speech Coalition, a Chatsworth-based
> national nonprofit organization that has dues-paying members
> ranging from Web site operators to porn actresses to adult
> cabaret chains. With an annual budget of $750,000, the
> coalition's lobbying effort has focused on protecting free
> speech and guarding the business interests of the Triple-X
> world."Our focus is not just about the rights of the adult
> industry, but the rights of you as an individual to have
> choices," says William Lyon, executive director of the
> coalition. The organization has opened offices in Virginia,
> Maryland, Ohio, West Virginia and Washington, D.C. By next
> year, the group expects to expand into the South with five
> more offices.Today's pornographers maintain that the adult
> film industry is no different from other lucrative
> businesses based on vice, such as tobacco and alcohol. Sex
> is merely a commodity to be sold and branded, like Microsoft
> software and Chrysler minivans. "We are a mainstream
> business, pure and simple," says Steven Hirsch, chief
> executive of Vivid Video Inc., a leading supplier of erotica
> to major entertainment companies such as AOL Time Warner
> Inc., AT&T Corp. and DirecTV, the satellite TV service
> controlled by General Motors Corp. "We are nothing more than
> widget makers."They are widget makers with one exception:
> Other industries are monitored for health and safety
> violations in the workplace.In the heterosexual adult film
> business, producers may not demand the use of condoms, but
> they do require actors and actresses to sign documents meant
> to excuse the filmmakers of liability. A typical contract
> from Vivid says the company is not responsible, and will pay
> no medical costs, for "sexually transmitted diseases . . . .
> such as acquired immune deficiency syndrome (AIDS), herpes,
> hepatitis and other related diseases."Ballowe and Goldberg
> signed similar waivers on the movie they shot together. "I
> represent that I am in good health, with no known sexually
> transmittable diseases. I understand that the benefits of
> the workmen's compensation laws do not apply," the waiver
> said.Ballowe's lawsuit alleges that Goldberg lied when
> signing the document, and that the attempt to force her to
> waive worker's compensation rights was not lawful.Legal
> experts called by The Times agree. Employees cannot be
> forced to sign away their legal rights to work in a safe
> environment--or to earn a minimum wage, overtime pay and
> enjoy the protection of workers' compensation insurance."You
> cannot have a provision that goes against public policy,"
> says John Laviolette, an entertainment lawyer who represents
> numerous mainstream Hollywood producers. "If you're an
> employer and one of your employees experiences an injury
> while on the job, those injuries will be covered."Producers,
> however, do not concede that performers are employees.
> Instead, producers claim performers are independent
> contractors who are not subject to workers' compensation
> laws.Elliott Berkowitz, a Los Angeles workers' compensation
> attorney who is representing Ballowe, counters: "They're
> employees. The companies tell them when to show up, what to
> wear, where to go, what acts to do. If Hollywood studios
> consider their actors and actresses an employee during the
> length of their film shoots, there's no reason why adult
> studios should be held to a different standard. They're both
> making movies. And I guarantee you, studios like Disney have
> paid their taxes and workers' compensation policies."The
> issue has yet to be decided by the compensation appeals
> board. But if it is, another obstacle awaits Ballowe. Hard
> Core Television, the producer of the video, did not have
> workers' compensation insurance for any employees. The
> distributor, K-Beech, had taken out a workers' compensation
> policy describing its employees as clerical workers. TIG
> Insurance Co., the Texas-based underwriter, insists the
> policy does not cover porn stars--and therefore won't cover
> Ballowe's medical bills.Officials with Hard Core Television
> and K-Beech could not be reached and attorneys for TIG
> declined to comment.Whose job is it to track the san
> Fernando Valley pornography industry?There are two leading
> candidates. One is the L.A. County Health Department. It
> relies heavily on state and federal money, but the federal
> funds are to end in 2004-2005. "Of course there's concern,"
> says Kerndt, the county's STD control director. "We know
> that if a disease enters this population, it could rapidly
> spread." Health department officials say they don't have
> enough staff or money to monitor the industry and point to a
> budget deficit that, by 2005, is on track to hit between
> $350 million and $400 million annually.The other candidate
> for oversight is the California Division of Occupational
> Safety and Health, whose monitoring effort includes
> oversight of Hollywood stunt work but not the porn industry.
> It is "too fragmented, too hard to track," says Dean Fryer,
> a Cal-OSHA spokesman. "We rely heavily on employees to give
> us tips about unsafe working conditions."Deborah Sanchez,
> supervising attorney for the Los Angeles City Attorney's
> special enforcement unit, is sympathetic to the plight of
> porn performers but sees little support from the public.
> "This reminds me of all the other types of businesses that
> have traditionally been oppressors--the garment industry,
> for example," Sanchez says. "The difference is, there are
> unions for garment workers" these days.Mainstream Hollywood
> actors have a union that oversees wages, health insurance,
> retirement benefits and residual payments. Screen Actors
> Guild officials say they would never allow their members to
> work on an adult set.Some adult-film actors know that they
> are entitled to employee protections such as workers'
> compensation and overtime, but they see no way performers
> could organize. "You would have to get every actor and
> actress in adult to sign up at the same minute," says an
> actress who goes by the stage name Wendy Divine and has
> worked on Vivid and K-Beech productions for several years.
> "Even if that happened, the studios could easily find
> replacements. They control everything."Before Ballowe filed
> her lawsuit, she and Jade reached out to law enforcement and
> other government agencies, asking that they investigate
> working conditions in the industry. The first stop, in 1998,
> was Cal-OSHA. "They told us they didn't track our business,"
> Ballowe says, and sent her to the state health
> department."The California Department of Health Services,
> however, doesn't track their industry. "It's a local issue
> controlled by the local county health department," Ballowe
> says she was told.The Los Angeles County Department of
> Health Services, when contacted by The Times, said the case
> was a criminal matter, not a public health issue.So they
> went to the Van Nuys office of the Los Angeles Police
> Department, where they met with Det. David Escoto, then with
> the department's Crimes Against Persons unit. "I told them
> there was no way we could prove who did what," recalls
> Escoto, now in the department's Foothill office. "I don't
> knowhow the industry works. And I don't think there's a way
> to prove they all got HIV from the same person.No one would
> believe them anyway.""That's utter rubbish," counters Dr.
> Michael Gottlieb, the former UCLA medical researcher who
> identified the earliest AIDS cases. "There is a way to track
> that information. It just takes money."Gottlieb pointed to
> the case of Dr. David Acer, a Florida dentist who was found
> to have infected six of his patients with HIV. Federal
> epidemiologists used molecular sequencing studies of the
> viral strains of the patients to see if there were any
> similarities in the virus carried by the seven people.The
> results showed that the patients' strain was similar to that
> of the dentist--and vastly different from other HIV strains
> collected elsewhere in the community.But there was an
> important difference with the case of the dentist. "People
> cared what happenedto those patients," Gottlieb says. "They
> were seen as innocent. No one sees porn stars as
> victims."Correction. Almost no one. Somewhere in Los Angeles
> is one office worker who does care. In the words of an
> adult-film actress: "I picked up chlamydia on an Extreme
> set. I gave it to my boyfriend by accident. I had no idea
> that I had it. I didn't have any symptoms."She learned that
> she was infected nearly a year later, long after she and the
> boyfriend had broken up. By then, he was in another
> relationship and had unknowingly infected his new
> girlfriend. "She had it, too," says the actress, who agreed
> to speak only if not identified. "The girlfriend worked at
> some insurance company. She's a secretary."_ _ _Times staff
> writer P.J. Huffstutter last wrote for the magazine about
> the rise of Vivid Video Inc., the nation's leading porn
> producer. If you want other stories on this topic, search
> the Archives at latimes.com/archives. For information about
> reprinting this article, go to www.lats.com/rights.
> ------------------------------------------------------------------------
> _______________________________________________

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