The following statement was released by Free Speech Coalition Executive Director Eric Paul Leue:
The CDC report refers to an incident from several years ago involving a out-of-state, non-compliant production in Nevada, where the industry testing protocols (known as PASS) were not observed. While AHF would like to claim otherwise, there is no comparison between shoots which used expired, non-uniform tests, and the industry's comprehensive fourteen-day-testing protocol.
A fear of rogue productions is one reason why performers have fought so hard to keep the industry in California, and above ground. It's also why we will continue to fight new state regulations that would mandate not only condoms, but also dental dams and eye protection, and encourage more productions to shoot out of state, and outside the protocols of the PASS testing system.
Unfortunately, we were not provided the MMWR report prior to today's press conference. AHF has a long history of using sexual heath data to bolster moral and political arguments, and we will have a more complete analysis once we are able to review the full report. However, to respond briefly to a few main points claimed by AHF.
• PASS testing protocols constitute more than having an HIV test within fourteen days prior to filming. It is a strict and comprehensive protocol that covers a full-slate of STIs, and a HIPAA-compliant testing database that tracks performer test results prior to every shoot.
• PASS utilizes a national network of drawing stations, which are used by numerous other protocol programs, and the general public. Using one of these stations does not constitute the utilization of the PASS database anymore than visiting Boston means you've gone to Harvard.
• PASS protocols require all performers to be tested specifically for HIV RNA. Utilizing a mix of less sensitive antibody tests and RNA tests, as these shoots did, or allowing performers with expired tests to work, is not allowed. Under PASS requirements, this shoot would have not taken place.
• No HIV transmission has occurred on a PASS-compliant set in over a decade. To clarify, Cameron Bay, Rod Daily, and Sofia Delgado were infected with the virus in their private lives, not on-set, and were stopped from transmitting the virus on set by PASS testing protocols.
• The Free Speech Coalition has long advocated for regulation and legislation that includes timely sexual health options such as PrEP, the HIV-blocking medication which could protect performers like Daily, Bay and Delgado both on and off-set. AHF has actively campaigned against this option.
• The FSC assisted the public health departments in researching this nuanced case. Ambiguous language and generalizing blanket statements do not aid the understanding of this case.
Those who have additional questions may contact [email protected].
