AHF Files Appeal in ‘STDs in Porn’ Lawsuit Against L.A. County Dept. of Public Health

AIDS Group Appeals Los Angeles Superior Court dismissal of AHF lawsuit which sought, “…the court to order the county public health department to take ‘reasonable steps’ to stem the spread of disease” among adult film actors.

By: AIDS Healthcare Foundation

Los Angeles, CA - March 11, 2010

AIDS Healthcare Foundation (AHF) will host a media availability tomorrow, Thursday, March 11th to discuss its filing of an appeal in its lawsuit against the Los Angeles County Department of Public Health (DPH) to require condom use or other reasonable steps to protect actors in the production of pornography in Los Angeles County. AHF will file the appeal with the California Second Appellate District (Appellate Case No: TBA) Thursday morning.

AHF’s lawsuit, which was first filed in Superior Court of California, County of Los Angeles (Case No.: BS121665), in July 2009, sought a Writ of Mandate “compelling the Los Angeles County Department of Public Health to discharge its ministerial and non-discretionary statutory duty to combat an acknowledged epidemic of sexually transmitted diseases stemming from production of hardcore pornography in Los Angeles County.” The suit was subsequently dismissed in late December.

AHF had filed the lawsuit after exhausting all other methods to compel the County to fulfill its obligation to protect the public’s health in the wake of the revelation last June that an actress working in the adult film business had tested positive for HIV. At that time, AHF had urged the County to better monitor HIV and STD prevention in the region’s adult film industry—and require condom use—or to shut down porn sets.

“We are appealing the dismissal of this lawsuit in order to continue to try to compel the Department of Public Health to fulfill its responsibility to try and control the spread of STDs in LA County—particularly in a commercial venue. Despite the responsibility of this public trust, and a full eight months after an outbreak of a potentially lethal virus—HIV—in the porn industry, the County has simply not taken the steps necessary to address this serious public health threat,” said Michael Weinstein, President of AIDS Healthcare Foundation. “As an HIV and STD medical provider, it is our obligation to pursue County action on this issue, which goes beyond just the recent HIV outbreak and includes an epidemic of thousands of STD cases in the porn industry—an epidemic virtually ignored by the County Dept. of Public Health.”

Since the June 2009 reporting of the latest HIV outbreak—and the subsequent report by the LA Times that as many as 22 porn performers may have tested positive over the last five years—no action has been taken by the County to halt the spread of STDs on LA porn sets or to conduct the proper and legally required public health follow-up with those thought to be infected.

The fact that the DPH is aware of the ongoing pervasive sexually transmitted disease crisis in LA’s pornography industry is well documented. DPH has cited numerous figures confirming an STD epidemic among performers in adult films, including the fact that performers in hardcore pornography are ten times more likely to be infected with a sexually transmitted disease than members of the population at large.

According to figures cited by DPH, there were 2,013 documented cases of Chlamydia among LA porn performers between 2003 and 2007. In the same period, 965 cases of gonorrhea were documented. Many performers suffer multiple infections. In the period April 2004 to March 2008 there have been 2,847 STD infections diagnosed among 1,884 performers in the hardcore industry in LA County. DPH attributes the epidemic of sexually transmitted diseases in the porn industry to a lack of protective equipment for partners, including condoms. The agency recommends condoms be used during production, but has never taken steps to ensure their use, or to protect the performers who are essentially required to endanger their health in order to remain employed.

“By recommending—but not requiring—condom use on porn film sets, the County is basically abdicating its responsibility to perform its main function—which is to protect the public health,” said Whitney Engeran-Cordova, Director of AIDS Healthcare Foundation’s Public Health Division. “Thousands of STDs could be prevented in Los Angeles County with the mandated use of condoms on porn sets.”

AHF’s initial lawsuit sought a Writ of Mandate “…directing DPH to enforce California Health and Safety Code sections 120575 and 120175 by requiring all performers to use condoms in the making of hardcore pornography, or alternatively taking any and all other reasonable steps necessary to stem the spread of sexually transmitted diseases in the production of pornography in Los Angeles County.”

“Despite a duty to take all reasonable measures necessary to prevent transmission of these diseases, LA public health officials have done little or nothing to combat this known, serious health threat to the people of Los Angeles County. Through this appeal, we are seeking to legally compel County officials to do what they have been unwilling or unable to do,” said Brian Chase, Assistant General Counsel for AIDS Healthcare Foundation. “Not only is the County Department of Public Health in violation of the California Health and Safety Code, but the agency’s inaction is needlessly placing thousands of people at risk of disease.”

AHF has previously sought remedy for public health issues through the legal system and succeeded. In late 2008, in response to an AHF lawsuit filed in Superior Court of California County of Los Angeles, a judge ordered California’s Department of Health Care Services (DHCS) to implement a landmark 2002 law intended to extend Medi-Cal (Medicaid) coverage to HIV-positive Californians. The Court ruled that the state’s Department of Health Care Services (DHCS) “…arbitrarily failed to meet its statutory duties…” in implementing the 2002 legislation.

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All Day Media Availability:

Michael Weinstein, President, AIDS Healthcare Foundation
Office: (323) 860-5300, Mobile: (323) 810-1238

Brian Chase, Assistant General Counsel, AIDS Healthcare Foundation
Office: (323) 860-5223, Mobile: (323) 208-1289