Los Angeles appeals court: County doesn't have to require condom use in porn

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Robyn Beck/AFP/Getty Images

An empty condom package rests on a table during the shooting of a porn scene for the adult film production company Vivid, 18 May 2004, on the set in Canoga Park, California, about 40 miles west of Los Angeles.

An appeals court says the courts can't compel public health officials to require and enforce condom use in porn.

The June 16 ruling by the 2nd District Court of Appeals in Los Angeles upholds dismissal of a case brought against county health officials in 2009 by the AIDS Healthcare Foundation.

In its suit, AHF contended the officials should be compelled by the court to issue a regulatory order requiring adult film performers to wear condoms in sex scenes and get hepatitis B vaccinations.

The appeals court said the county health officer has discretion in his duty to prevent and control disease.

The advocacy group's lawyer Brian Chase says the case will be appealed to the state Supreme Court.

The Los Angeles County Department of Public Health did not immediately provide comment.

Copyright 2011 The Associated Press.

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