ALAMEDA, CA — An on-again/off-again female porn performer learned two sad things during June: that she had tested positive for HIV – and that sanity goes right out the window when government officials hear those three letters.
Known only as “Patient Zero,” the performer has filed suit against both California OSHA and the Adult Industry Medical Healthcare Foundation (AIM), claiming that the two entities violated her medical privacy rights.
At issue is the fact that Cal/OSHA subpoenaed her health care provider for copies of her medical records and personal after she tested positive for the virus, which she contends is a violation of her right to privacy.
While placed on industry quarantine after her initial test results, Patient Zero’s case was reported to the Los Angeles County Department of Public Health, per the law. All performers who had sexual contact with her between tests were likewise quarantined.
In an unexpected move, Cal/OSHA went into hyper-drive, conducting a surprise inspection of the AIM office and demanding access to records concerning HIV+ patients, including Patient Zero.
AIM refused to honor the Cal/OSHA demand, but met at a later time with officials to discuss the situation.
In her suit, Patient Zero states that her attorney wrote to OSHA insisting that it respect the woman’s privacy during the meeting, but OSHA did not respond, although it confirmed that it had received the letter.
Of special pain to Patient Zero is the fact that some news reports included her legal name, as well as other identifying information. She is represented by Lori Rifkin and Elizabeth Gill of the American Civil Liberties Union and is demanding compensation for civil rights and constitutional violations, as well as violations of the health and safety code.
