Thanks, Harry.

Selma
----- Original Message -----
From: "Harry Pollard" <[EMAIL PROTECTED]>
To: "Selma Singer" <[EMAIL PROTECTED]>;
<[EMAIL PROTECTED]>
Sent: Tuesday, January 14, 2003 5:32 PM
Subject: [Futurework] Porn Revisited.


> Selma,
>
> I found this most interesting - but practically unreadable. It looks like
a
> forward.
>
> What I do to avoid the loss of paragraph breaks and suchlike is to copy
> from the newspaper (or whatever) into NoteTab. I'm sure that windows
> Notepad would do equally well. Then I copy from NoteTab into my E-Mail.
>
> All the paragraph breaks are there and it provides an opportunity to take
> out all the odd bits that copy as well.
>
> Anyway, here it is again. Your work deserves a proper read.
>
> To show how behind the times I am, I had never heard of Chlamydia!
>
> Harry
>
> --------------------------------------------------------------------------
-------
>
>
> SAN FERNANDO VALLEY
> PORN
>
>
> By P.J. Huffstutter, Times Staff Writer
>
> During 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
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 working on 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 or
> having 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 people have to be infected with an STD
> before someone does something?"
>
>
>
> ANNE MARIE BALLOWE: PORN ACTRESS
>
> Actress 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 POSITIVE
>
> Hours 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 the video, 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 TESTING
>
> The 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
>
> The 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
>
> The 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 have been 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
> know how 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 happened to 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."
>
> ******************************
> Harry Pollard
> Henry George School of LA
> Box 655
> Tujunga  CA  91042
> [EMAIL PROTECTED]
> Tel: (818) 352-4141
> Fax: (818) 353-2242
> *******************************
>
>


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