SAN FRANCISCO—Kink.com attorney Karen Tynan says that a lawsuit filed against the company last week by an unnamed performer, John Doe, is without merit, and that both the San Francisco Department of Public Health and Worker’s Compensation insurance have already looked into the same claims several years ago and either dismissed the claims outright or did not pursue them.
Doe filed a civil suit against the company last week alleging he contracted HIV on a set through oral sex and that the company did not properly report the incident. Tynan says the claims aren’t grounded in reality.
"In 2013, the performer John Doe contacted us, saying he believed he had contracted HIV on a shoot in which he performed oral sex without a condom. Within minutes of receiving John Doe's complaint, Kink referred the case to the SF Department of Public Health with all requested information. The SFDPH investigated the claim—following their protocols and procedures, including contacting everyone on the shoot who came into contact with Doe—but never saw a reason to request a moratorium, nor did they ever issue any statement that would suggest the transmission occurred on a shoot."
Doe subsequently filed an injury claim with Worker’s Comp, which was denied.
Tynan says the company cooperated with the SFDPH fully during the investigation, and that until last week’s civil lawsuit by Doe, the case was moribund. The new lawsuit contains numerous additional allegations, which Tynan says are easily disprovable, thanks to extensive video footage and production logs.
"Many of the claims are either misguided, or flat out wrong. He suggests that gay performers are pressured to work without condoms, despite the fact that condoms are mandatory on gay sets. At other times, he claims performers aren't tested, when in fact they were. We’re very serious about safety at Kink, and we follow industry protocols on both gay and straights sets. We also investigate any complaints or concerns from performers immediately, so it’s fairly easy for us to review what did or didn’t happen on a set. I don’t think this is a serious complaint, it’s a political complaint on the eve of a regulatory hearing."
The Standards Board of the California Division of Occupational Safety and Health (CalOSHA) will hold a public hearing on revisions to California Health Code Title 18 Sec. 5193 on May 21 in San Diego.
