The Free Speech Coalition (FSC) reported today that the California Superior Court has ruled rejecting all of Cal-OSHA’s arguments for broad and sweeping subpoena powers to obtain the medical records of AIM patients and adult industry performers.

Superior Court Judge Smith has ordered that AIM is required to protect the medical privacy of all its patients. Judge Smith also ruled that “CalOSHA does not appear to be acting within its jurisdiction in subpoenaing patient-identifying information from AIM.” CalOSHA has been enjoined from seeking Patient Zero and other AIM patient’s confidential medical records.

“Judge Smith confirmed what we have known for a while, CalOSHA is over-reaching its jurisdiction on what looks like a witch hunt focused on the adult entertainment industry,” said Diane Duke FSC Executive Director. “AIM patients and Patient Zero can rest a little easier today but the fight is not over yet. FSC, AIM and the industry must continue work together to push back when these overzealous and over-reaching government bureaucrats wage war on the adult entertainment industry.”

CalOSHA turned its attention to the adult entertainment industry in June when an adult performer tested positive for HIV. The facts of the case later revealed the incident was isolated and the first time that an active performer had tested positive since 2004. Moreover, the patient in question, Patient Zero, neither acquired HIV on set nor infected any other person within the industry.

“The Free Speech Coalition would like to express its appreciation to the attorneys involved, Karen Tynan, on behalf of AIM Healthcare Foundation and Lori Rifkin of the ACLU of Southern California, on behalf of AIM's patients for their excellent work,” Duke continued. “Special thanks to AIM and the ACLU committing substantial resources to this fight.”