California: Ruling -- L.A. County Needn't Mandate Condoms in Porn

Courts cannot compel Los Angeles County health officials to mandate condom use during the production of adult films, the Second District Court of Appeals in Los Angeles ruled on June 16. AIDS Healthcare Foundation (AHF) filed suit in 2009 to compel such action after reports that a female adult-film performer acquired HIV. The heart of the porn industry is located within the county.

"We cannot compel another branch of the government to exercise its discretion in a particular manner," the three-member panel wrote, upholding a lower court's dismissal on that basis.

"The department continues to support both state legislation to expand requirements of the adult-film industry to include mandatory condom use, and the use of [state workplace safety] regulations to regulate practices in the adult-film industry that expose performers to unnecessary and preventable occupational risks of acquiring and transmitting" STDs, said Sarah Kissel, a county health spokesperson.