AHF Asks Calif. Supreme Court to Review Condom Ruling

Jul 27, 2011 12:45 PM PST

LOS ANGELES — The AIDS Healthcare Foundation is taking its mandatory condom campaign to the California Supreme Court, asking for a review of a recent decision by a state appeals court panel that ruled Los Angeles County health officials can’t be forced to regulate the adult industry.

The AHF filed the petition today arguing that there are several reasons the court should review the case. One of those reasons is that the issue affects the health of all California residents.

“The statutes in question involve the duty of public health officers to protect the public from the spread of communicable diseases in general, and sexually transmitted diseases in particular,” the petition said.

The petition also said the Health Department has a responsibility to try and control the spread of STDs in L.A. County.

“The few steps that they have undertaken to address the issue of the spread of STDs in the adult film industry amounts to ‘just talk,’” said Michael Weinstein, president of AIDS Healthcare Foundation.

FSC’s Executive Director Diane Duke told XBIZ that the county itself said this was a non-issue in its response to the lawsuit.

“Courts have twice said that L.A. County cannot be required to regulate adult productions,” Duke said.

“Data shows that our performers' rates of STI’s are much lower than those of similar populations; FSC commissioned a report that was entered into record with Cal/OSHA disputing AHF's claims about STI rates. AHF continues to waste valuable resources supporting their self-aggrandizing efforts.”

Last month, appellate judges said the county's health department has discretion to determine what measures are necessary to prevent the transmission of communicable diseases and could not be forced by the courts to implement the specific means advocated by the AHF.

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