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Court Rules Porn Actors Not Required to Wear Condoms in LA County

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from www.ktla.com – A petition filed by AIDS activists mandating condom use during the filming of pornography was once again dismissed Friday.

A Second District Court of Appeals panel upheld a ruling Friday dismissing a petition filed by the AIDS Healthcare Foundation in 2009, affirming that porn industry performers working in Los Angeles County do not need to wear condoms to protect against sexually transmitted diseases.

The complaints are the latest effort by advocates to force the porn industry and government agencies to do more to safeguard the health of adult film performers.

The suit was filed after the disclosure that an adult-film performer had tested positive for HIV.

The foundation joined with other non-profits in alleging that public health officials failed to stop the spread of sexually transmitted diseases and that it is not enforcing laws requiring employers to protect workers against exposure to bodily fluids.

The petition was first dismissed in 2009 when a Superior Court judge decided that county health officials could use their own discretion over how they regulate the porn industry.

The three-judge panel agreed Friday, saying that the AIDS Foundation was trying to ask for too wide of a solution towards an “agenda” to combat sexually transmitted diseases.

The panel also said the foundation would be better suited directing their advocacy on a smaller scale at lawmakers to change laws and workplace regulations.

“The industry has done an admirable job of policing itself,” Steve Hirsch, founder of Vivid Entertainment, told The Times. “If Los Angeles County chooses to enforce mandatory condoms, what you’ll see is all adult production leave California. It will move to other places.”

But former adult film performer Shelly Lubben, who founded the Pink Cross Foundation, said she got herpes and became infected with the human papillomavirus, or HPV, while working in the industry, and had to have half of her cervix removed.

“We want the fans to know what they’re contributing to,” she told The Times. “They’re demanding harder and grosser porn. We want to educate them to exactly what they’re watching — diseased people … It’s illegal for bodily fluids to touch skin, and yet it happens every single day in the porn industry.”

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