Condoms Ruling Gets Certified for Publication

LOS ANGELES — An appeals court on Friday certified for publication its June 16 ruling in AIDS Healthcare Foundation vs. Los Angeles County Department of Public Health.

“For good cause it now appears that the opinion should be published in the official reports and it is so ordered,” the court said in an order certifying opinion for publication. “There is no change in the judgment.”

The June 16 2nd Court of Appeal ruling affirmed a lower court decision that said public health officials don’t need to require porn industry performers to wear condoms to protect against the spread of AIDS and other sexually transmitted diseases.

A Los Angeles Superior Court judge dismissed the earlier ruling and the appeals court agreed, saying it could not compel the county health department to implement The state's highest court now will decide whether to take the case over the AHF's bid to make condoms mandatory for all porn productions in the county's "agenda" to combat sexually transmitted diseases.

“We cannot compel the department to implement the foundation's agenda,” the appellate court ruling said in the June 16 ruling. “The foundation’s public policy advocacy is better directed at lawmakers to change the laws and workplace regulations.”

After the June 16 appellate ruling, the AIDS Healthcare Foundation asked the California Supreme Court to take the case on. The group asks whether to make condoms mandatory for all porn productions in the county. The justices so far haven't decided to take on the case.

The certification order can be viewed on Page 15 of this document.