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I’ve pointed out so many times what a klutz Diane Duke is when handling the press. But here she goes again.

In a statement given to the LA Daily News today, Duke said that if performers had come forward to the Free Speech Coalition earlier, there may not have been a need to ask adult film production to shut down. The Free Speech Coalition issued a request last week for all production to shut down until more than 1,000 performers could be tested and treated, if needed.

“Had the first performer who tested positive for syphilis been reported by their healthcare provider in a timely manner to APHSS, partner notification and positive performer separation would have occurred quickly enough to reduce the likelihood of transmission and perhaps the need for a moratorium,” Duke said in the statement.”

Attorney Michael Fattorosi www.twitter.com/pornlaw and www.adultbizlaw.com stated the following in a series of tweets:

“In the article she says if Mr Marcus’s healthcare provider would have informed APHSS of his + status the production shut down could have been prevented. As it was pointed out by one of my Twitter followers that would have been a violation of HIPAA laws. A doctor cannot call up APHSS and simply tell them that one of their patients is + for syphilis. That would break medical privacy.

“Also didn’t Marcus say that his doctor didn’t even know he was a porn performer? How would have that doctor known to even call APHSS to tell them? It’s very confusing. So is Diane Duke asking for a doctor to break HIPAA laws? Or was Marcus not telling the truth when he said his doctor didn’t know he was in porn ? Or was she misquoted by the LA Daily News as the SF Weekly misquoted Marcus about TTS ? Again it’s still very confusing…”

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