updated 4/29/2004 11:42:52 PM ET 2004-04-30T03:42:52

A third adult movie performer tested positive Thursday for the virus that causes AIDS in the midst of an HIV outbreak that has halted most production, according to the director of an AIDS testing service.

“This is not over,” said Sharon Mitchell, executive director of the nonprofit Adult Industry Medical Healthcare Foundation, which screens performers for sexually transmitted diseases.

Mitchell declined to identify the woman diagnosed Thursday but said the performer had sex with five men before all were barred from adult movie sets under a voluntary quarantine in place since the first HIV case was announced April 12.

Fifty-three people are on the quarantine list and dozens of producers in the nation’s multibillion-dollar porn industry have shut down production until further HIV tests are conducted.

A performer with the stage name Darren James apparently contracted HIV while filming unprotected sex scenes in Brazil. He returned to the United States and apparently infected Lara Roxx during film shoots, Mitchell said.

Los Angeles County health officials and the state’s Division of Occupational Health and Safety are investigating.

Meanwhile, the American Civil Liberties Union of Southern California claimed Thursday the county Department of Health Services violated the law by obtaining private medical information on potentially HIV-infected performers without a subpoena.

“The government needs to make a showing that the breach of the confidentiality is warranted and the way to do that is by going through the court,” ACLU attorney Peter Eliasberg said. If people think the government can obtain their private records, it may deter them from getting HIV tests, he said.

County Health Officer Jonathan Fielding said he had not seen the letter and could not comment.

Mitchell said her attorney indicated she had no choice last week when she turned over the records. The records of the two performers who had tested positive at the time were not included because of state privacy requirements, she added.

Mitchell said the health department was to use the information to interview the performers and determine whether they may have passed on HIV to people outside the porn business.

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