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Porn Condoms: LA Porn Stars Not Required to Wear Condoms

By Cynthia Hsu, Esq. on July 21, 2011 | Last updated on March 21, 2019

In Los Angeles, porn and condoms traditionally don't seem to mix - at least according to a lawsuit filed by the AIDS Healthcare Foundation against the Los Angeles County Department of Public Health.

And, porn stars and condoms won't be legally required go hand-in-hand together, after an appeals court has ruled that the LA County Department of Public Health does not need to mandate adult film performers wear protection.

The case was filed in Los Angeles County, and the decision of the lower court was upheld by the Second District Court of Appeals.

The AIDS Healthcare Foundation filed the lawsuit after news that an adult film performer recently tested positive for HIV, reports KTLA-TV.

The lawsuit alleges that the LA County Department of Public Health had failed its department mission to stop sexually transmitted diseases from spreading. And, that it is not enforcing the regulations that employers are supposed to prevent employees from becoming in contact with bodily fluids, KTLA-TV reports.

However, the trial court ruled - and the appeals court affirmed - that the LA County of Department of Public Health has the discretion to determine what methods they should use to stop the spread of sexually transmitted diseases.

In the court's opinion, the panel noted that the Department of Public Health had acknowledged that condom use would be effective - but that it wasn't the only solution.

The appeals court also said that the Foundation was trying to compel the Department of Public Health to "implement the Foundation's agenda." And, that the "Foundation's public policy advocacy is better directed at lawmakers to change the laws and workplace regulations," according to the court's opinion.

The dismissal of the suit means that porn stars and condom-wearing will still not be mandatory in the adult film industry. In LA, porn and condoms may not be required, but one can only hope that more measures will be taken in some way to ensure health and safety.

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