Dr. Sharon Mitchell (R) speaks to Monica Bailey, an adult film actress who goes by the stage name 'Boo D. Licious' at the Adult Industry Medical Health Care Foundation (AIM) clinic, May 7, 2004, in Sherman Oaks, Calif. (Photo by J. Emilio Flores/Getty Images)
(AP)
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.