Sad update on Brooke Ashley

This past Sunday, the LA Times had a well written article on the porn industry called "See No Evil". The byline reads, "In California's unregulated porn film industry, an alarming number of performers are infected with HIV and other sexually transmitted diseases. And nobody seems to care."

The article featured a profile on Asian porn hottie Brooke Ashley under her real name Anne Marie Ballowe. In case you are unaware, Brooke become HIV+ in 1998 and alleges that male performer Marc Wallace was the culprit.

There's a narrated flash side show on the Times website that documents Brooke's sad circumstances today. It appears that she is destitute, living in a run down one bedroom apartment, doesn't have a car, and survives off of food handouts at the local church for AIDS vicitims. Besides being HIV+ she suffers from Hepatitis C and has other medical problems related to STDs. Due to the Hepatitis C infection, she cannot take medicine to prevent the onset of AIDS.

I feel bad for Brooke and really believe the adult industry should assist her. It's amazing to me that some porn companies (such as Simon Wolf Productions) to this day continue to employ Marc Wallace, while trying their best to forget about Brooke Ashley.

Perhaps more government oversight and regulation is needed if this what happens to the unfortuately performers in the industry who contract HIV and other STDs?

This article is also a good cautionary tale for other Asian Porno Hotties (and other performers) currently in the business. You would be wise to insist on current (and authentic) clean bills of heath from everyone you work with.

The article and slideshows are here:

See No Evil - LA Times Article 01.12.03

You may have to register to view them, but registration is free.

-- Snowman

This was really sad to read.

I'm so angry about that guy who gave her the virus and he's still in the business >:

I had to two reactions to this. First, we should find out who has hired Marc Goldberg/Wallace, and then boycott his products. Second, we should figure out how to send donations to Brooke/Anne Marie. Does anyone have a good address for her?

[Snowman]

APH Brooke Ashley's Workers' Compensation case (on appeal) is coming to a close. Brooke filed a WC claim after allegedly contracting HIV on the set of "The World's Biggest Anal Gangbang" a movie that ironically was originally intended to be a star vehicle for her. Instead, by all accounts, the production was a disaster from the word "go."

From a legal perspective, if Ashley is found to be an employee, the case could potentially have a large impact on the adult industry. I may write more about this on my JizzBiz law blog soon.

From Gene Ross:

Porn Valley - Whether former porn performer Brooke Ashley ... will be eligible for worker's comp or not will be determined when Judge Lisa A. Sussman renders a decision on December 4. According to an AVN story, the worker's compensation case known as "Doe 43" involving Ashley will be completed by then. Sussman is a judge of the California Workers Compensation Appeals Board. Writer/director Cash Markman was the final witness this week to answer questions posed by Ashley's attorney Elliot Berkowitz. In 1998 Ashley was one of several porn stars including Tricia Devereaux, Kimberly Jade and a European actress named Caroline, who were discovered to have been infected with HIV, allegedly by actor Marc Wallice. It's thought that Wallice had been working with a forged HIV test from a clinic he had been using at the time. It's also commonly accepted that Ashley's infection came on the set of The World's Biggest Anal Gangbang in March of '98, a shoot that was produced by Dan Beck. According to the AVN story, Beck's financier was Robert Dupree, and that Ashley's attorney is trying to have Ashley declared as Dupree's employee. "If such is the finding of the court, Dupree would be required to pay workers compensation to Ashley," the AVN story goes on to say. "Or if for some reason Dupree were unable to do so, Ashley's compensation would be paid from the Uninsured Employees' Benefit Trust Fund. Additionally, Dupree might be assessed fees for not having paid for workers compensation insurance for Ashley while she was his employee." Also at issue is the question of whether Ashley was an employee or an independent contractor selling her services to the production company. Ashley has already given a deposition. And on Thursday Ran Munee, the cook on the shoot was called as a witness. Munee who was subsequently enlisted as the production manager of the shoot collected the HIV tests of the performers. According to Munee's testimony, some of the performers didn't have the correct paperwork. And Munee claims he never saw Ashley's test, that it was collected by Dan Beck. Munee also voiced doubt about the authenticity of Wallice's test. The AVN report quotes Munee as saying it looked like "a forgery all the way." Munee said he was going to tell Wallice to go home and get the original test but Beck apparently intervened and accepted it. According to what Munee also said, Wallice's wasn't the only test that appeared suspicious that at least one member off the street recruited for the gangbang had a 5 month old test but claimed he hadn't had sex with anyone since the test was taken. Munee said Buck Adams was also in the shoot. Markman's testimony contradicted Munee's to the extent that Markman said no one was hired off the street. "Everybody who came in was professional talent," Markman is quoted as saying. "They all had paperwork, although the paperwork may have looked a little shady with some of them and certainly with one of them [Wallice]... It was a photocopy; I remember that." According to Markman, Beck had 50 guys booked for the shoot and was paying them $150. At those rates Beck was having problems filling the roster and Markman concedes that beck may have scraped the bottom of the barrel to find ralent. Markman also says that Beck was pretty much the "point man" who booked the talent, arranged for the stage and other technical details. Markman describes the shoot as "bizarre" and not the type of thing he had done before. It was Markman's opinion that the shoot which went on for two days was very visually boring, basically repetitive but at the same time a grueling shoot for Ashley. Markman said it had become such an ordeal for Ashley and degrading, that she broke down in tears. And according to Markman, there were several performers Ashley didn't want to work with because they looked dirty. Ashley wanted them wearing condoms. Markman says Ashley was fine working with Wallice, however. Markman also references a "contract" several pages long which, according to the AVN story, could play an important role in the proceedings. The contract also called for Ashley's participation in the subsequent promotion of the event. On the condom issue and because Ashley had been insistent on them in some cases, Markman quotes Beck as saying, he had a contract and wanted primarily non-condom. "I remember there was a clause in there about condoms," states Markman. "I just can't remember if it was none at all or it was a small percentage was allowed." Judge Sussman's final decision could force producers to treat talent as employees who needed to be accorded certain employee benefits, rather than independent contractors."

[nakanakaumai]

Wow, this has got to be the most extreme case fighting for workman's comp. Although, Brooke definitely contracted this disease on the job. I guess I will have to wait for Snowman's legal commentary on this case to get a better prospective. I still feel for this girl though...sad story.

[ginko23]

Originally Posted by Snowman From a legal perspective, if Ashley is found to be an employee, the case could potentially have a large impact on the adult industry.

If all talent is paid as "outside contractors" they are self employed. That means you have to file a Schedule C & SE. Part of the SE is for workman's comp is it not? So she should be eligible either way.

What happens if you cheat on your taxes and go south with your fees? That makes you a criminal but does it prevent you from filing workman's comp?

[Snowman]

Originally Posted by ginko23 If all talent is paid as "outside contractors" they are self employed. That means you have to file a Schedule C & SE. Part of the SE is for workman's comp is it not? So she should be eligible either way.

The worker's compensation scheme only covers situations where there is an employer / employee relationship. Independent contractors by definition are not employees, so they would not be covered.

Yes, it is true that self employed people do need to fill out a Schedule C and declare their income and pay Self Employment (SE) tax. However the self-employment tax is to contribute into the (Federal) Social Security and Medicare system, not worker's compensation.

As a preliminary matter, Brooke would have persuade the judge that she is an employee, not an independent contractor in order to receive any benefits under the worker's compensation system. Once that hurdle is jumped, the focus can shift to her injuries and benefits.

[Bigboi]

Sounds like she was not protected by others involved in the shoot, Marc's test paper obviously was bogus. "Everybody who came in was professional talent," Markman is quoted as saying. "They all had paperwork, although the paperwork may have looked a little shady with some of them and certainly with one of them [Wallice]... It was a photocopy; I remember that."
Another thing the performers should look into is private disability insurance like Afleck. They make good money shooting scenes and can afford the premiums. Disability insurance would provide income if they get sick, get into a car accident etc.

[enemabandit]

I don't know how a person can do an anal gangbang and not be insured. I don't know how someone could hire someone to do an anal gangbang and not make sure they are insured. Workers comp insurance is very expensive for high risk jobs but in a lot of states, you don't have to have it on yourself or family members. You don't have to have it on sub-contractors but if one gets hurt then your going to have trouble.... Insurance is the most important thing for a business and one of the most expensive.

[Deathsheep]

Luke Ford has posted an update on the outcome of the Brooke Ashley compo case....

http://lukeisback.com/bloglukeisback/?p=1571