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 © 2024 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

Violet Myers, Jasmine Sherni Star in Latest From Brazzers

Violet Myers and Jasmine Sherni star with Dyawne Foxxx in the latest release from Brazzers, titled "Trapped and Tapped."

UK Performer Rebecca Jane Smyth Passes Away at 51

Veteran British performer Rebecca Jane Smyth has passed away, according to her longtime friend, Tanya Virago. She was 51.

Brazzers Debuts Limited Series 'Gamer Stepmom'

Brazzers has released the first installment of its new limited series, “Gamer Stepmom.”

Vixen Drops Final Installment of Crossover Feature 'Long Con'

Vixen Media Group has released the fourth and final installment of "Long Con," the crossover feature from its studio imprints Vixen, Blacked, and Tushy.

Alyssa Bounty, Angelika Grays & Annalisa Atomic Blonde Star in Latest From MixedX

Alyssa Bounty, Angelika Grays, and Annalisa Atomic Blonde star in the latest release from MixedX, titled “Crimson Hollies.”

Jayne Calloway, Zariah Aura Star in Latest From TransAngels

Jayne Calloway and Zariah Aura star in the first installment of “Clueless and Horny as Fuck,” the upcoming two-part series from TransAngels.

Melody Marks Stars in Latest From New Sensations

Melody Marks stars with Milan Ponjevic in the latest release from New Sensations.

Blake Blossom Performs 1st B/B/G for Blacked

Blake Blossom performs her first B/B/G in a new release from Vixen Media Group (VMG) studio imprint Blacked.

Crystal Thayer Returns to TransAngels in 'Hot as Ice'

Crystal Thayer makes her return to TransAngels with the Christmas-themed “Hot as Ice.”

Athena Fleurs Stars in Latest From Immoral Productions

Athena Fleurs makes her Immoral Productions debut and performs her first DP in a new trilogy alongside Matt Bird and studio honcho “Porno Dan” Leal.

Show More