Let’s talk about our favorite topic. Hepatitis C.
I don’t think we’ll ever get an answer from Diane Duke and the people at Free Speech Coalition about the allegations from Derek Hay and Alex Gonz that Alex worked with hepatitis C for three years while being cleared to work.
When we’re talking about lawsuits and we’re talking about the cases that are being brought against the heart of the industry, I can’t imagine that the attorneys bringing these cases are going to be anything short of superstar quality.
There was an article written for the Stanford Law and Policy Review entitled “An Analysis of Potential Liability Within The Adult Film Industry Stemming From Industry Practices Related to Sexually Transmitted Diseases”
It was written by a gentleman by the name of Brian Chase who was at the time Assistant General Counsel at AIDS Healthcare Foundation.
It’s basically this 19 page roadmap laid out by this attorney if someone wanted to bankrupt the industry. It covers so many violations, from disease liability to independent contractor status to all the legal loopholes that the industry uses to protect itself and how to defeat them.
As I went through this article I was amazed by how it described all the practices that have been going on in the adult business for our entire existence, things that I always thought were in a grey area legally in some cases and downright criminal in others.
When you look at a lot of these things you wonder, why haven’t more cases been brought? It’s quite simple. Because you get blacklisted. Why rock the boat? If you work in the business, you don’t do anything to make waves even when the business shits all over you.
This is why there hasn’t been any significant change because if you deal with these things or talk about them you get blacklisted. Or you have people that say, well if I fight the system they’re just gonna bury me, so I’ll just leave the business.
You have the industry lawyers that all they do is figure out ways to circumvent the law, whether it’s independent contractor status, workman’s comp or trying to avoid complying with safety regulations like condoms or paying for talent testing, which is required by law.
So when you talk to real attorneys that look at the Brian Chase notes, look at all the potential liabilities and laws that are being broken and they talk to Rob Black and they start talking to some talent, they start to see the real picture. And what they see is pretty cut and dry.
They see all the rules that are being bent, they see the regulations not being followed, they see how talent aren’t being protected and how if anything goes wrong the blame is shifted to the talent to cover liability.
Now let me explain why the Alex Gonz situation is pretty fucking big. Here it goes.
You have an alleged criminal conspiracy that has taken place over a span of three years. An organization is involved that is leading the business and is responsible for keeping talent safe from disease.
On the board of this organization are people from the leaders of the industry, from Evil Angel, from Vivid and everybody in between.
That organization told Alex Gonz you’re clear, you’re not hepatitis C positive, you can work. Who gave Alex Gonz the clearance? All of this will come out in depositions. People will get immunity. You can’t lie about this stuff or you will go to prison.
When the lawsuits come down and you have people like Bobbi testifying with immunity, all that crap about HIPAA guidelines will go right out the fucking window.
So when I sit down with the attorneys and they say what do you got? I’ll say, you tell me.
You want someone who worked with Mr. Marcus and got syphilis? I got em.
You want someone who worked with hepatitis C positive Alex Gonz? I got three of em.
You want people who worked with Alex Gonz on sets without condoms for companies that have already been violated with Cal/OSHA? I got em.
That’s when the lawyer goes, “OK Mr. Zicari, we’ll go over all this and we’ll sit down next week and go over it with you.”
And I say, “Thank you Super High Profile Celebrity Attorney.”
If a Gloria Allred or somebody of that caliber, if Mark Geragos took up this case, what do you think would happen? Talk about a nuclear fucking winter in this fucking business. You do realize that this business would be fucking done.
If someone like that went up against Paul Cambria or Jeffrey Douglas, it would be like Peyton Manning going up against a junior varsity team.
Let me explain this to you. Larry Flynt. Hustler Video. About two years ago they got busted. It was all over the news, it was everywhere. Because they were shooting without condoms. They got violated by health officials and Cal/OSHA.
You have Hustler who has already violated the condom ordinance. You would think after all that and the fines and everything that Larry Flynt would comply with the regulations and have the actors wear condoms.
Oh no, not Mr. Larry Flynt. After that production they never instituted condoms. Subsequently they had booked people and when the people were asked if they used condoms and they said yes, they were told we can’t book you. Sorry about that.
That is a fact, ladies and gentlemen. So when you take all that into account and a real good celebrity lawyer looks at all that and then they look at the Alex Gonz situation, well this is where it becomes really awesome.
You have Alex Gonz and a female performer being booked together for a Hustler production without condoms. And of course, Alex Gonz is hepatitis C positive.
So now you have Hustler Video who has already been violated once for no condoms. They’ve already been scrutinized and disciplined for it.
What does Larry Flynt do? He thumbs his nose at the violation and breaks the law again.
He says, I’m not doing anything wrong, I test through PASS and Free Speech Coalition and the system works and that’s why we don’t wear condoms. So fuck you.
So a year or so later, Alex Gonz, who has gone through that great talent testing system that Larry Flynt relies on and is cleared to work with a female performer when he has an active hepatitis C infection on a Hustler production without condoms. Hmmm…
Now can some of you tell me out there if Hustler Video and Larry Flynt should be worried?
Then when you have agents who send talent to unsafe work conditions and what you have is a lawyer’s wet dream.
Can you see how these lawsuits are gonna work? You don’t look at a guy like Alex Gonz. Alex is a patsy, an Oswald. He’s a mamaluke, he’s nothing.
You have to sit there and say, where did it stem from? Because he had to have tests and he did and he failed. Who passed him?
Now you start the liability chain. You look at Larry Flynt and Hustler and you say are they innocent bystanders? Of course not, they’ve already been violated for condoms. They’re already breaking the law.
Normally when you break the law and you pay the price and they say don’t do it again and you’re punished you go “OK I’m sorry.”
Then after you break the law again and you keep doing it, that’s when you get crucified.
Larry Flynt and Hustler are out there requiring people to work without condoms. Then you have talent working without condoms who have infectious diseases.
That, my friends, reeks of a dripping, puss-filled, oozing lawsuit.
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