An appeals court has ruled that 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 to issue a regulatory order requiring adult film performers to wear condoms in sex scenes and get hepatitis B vaccinations

In upholding a lower court’s dismissal of the case, the appeals court said the county health officer has discretion in his duty to prevent and control disease

“We cannot compel another branch of government to exercise its discretion in a particular manner,” the court’s three-judge panel wrote in its decision

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

The lawsuit was initially filed after the group says it exhausted all other methods to compel the county to protect public health in response to an unidentified porn actress’ HIV positive diagnosis in June 2009

“The county of Los Angeles has the duty to protect public health, one the highest responsibilities of local government It simply cannot ignore this duty and blithely sit by while thousands of people, both inside and outside the industry, contract STDs,” said Tom Myers, chief of public affairs and general counsel for AHF

Since the suit was filed, another adult performer has tested HIV positive after performing in gay and straight porn films

AHF has publicly called on state and local officials to enforce the openly flouted state workplace safety statute that requires condom use State workplace safety officials are in an early phase of drafting rules that are more specific to the porn industry, in hopes of seeing improved compliance

Similar Posts:

• India Court Orders 2-Month Ban On Pesticide, Study
• Basketball stars and Boeheim to dedicate Syracuse basketball court
• Court: Irish Abortion Ban Violates Women’s Rights
• Women’s Tennis Association “Strong Is Beautiful” Ad Campaign… Strong or Too Sexy?
• Kenyan Court Sentences 2 TB Patients To 8 Months

Tags: Condoms Porn, Porn

This entry was posted on Thursday, June 23rd, 2011 at 4:57 am and is filed under Fitness Consultant. You can leave a response, or trackback from your own site.