In 2003, the Supreme Court kicked government out of the bedroom in Lawrence v. Texas; now the California Court of Appeals has kicked itself off of the adult film set.
The court ruled last week in AIDS Healthcare Foundation v. Los Angeles County Dept. of Public Health that it would not compel a Los Angeles Department of Health officer to require adult film industry performers to wear condoms in the production of hardcore pornography and to obtain hepatitis B vaccinations.
The court sided with the county, stating that it would not compel another branch of government to exercise its discretion in a particular manner. In its opinion, the court noted that the problem was not necessarily that the department had failed to act, but that the foundation believed that the department’s actions were ineffective.
The department, however, could still promulgate rules to stem the spread of diseases in the industry. California courts will not regulate sex, but state and local governments can.
Related Resources:
- LA County Won’t Mandate Condoms In Porn (Huffington Post)
- The Demographics of Online Porn Access (FindLaw’s Legal Technology Center)
- AHF to Seek Review of Case over Condoms on Porn Sets (FindLaw’s California Case Law Blog)
- AIDS Healthcare Foundation Files Complaint With OSHA Against Vivid Over Condom Use (CBS)
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