A lawsuit that aimed in part to get the county of Los Angeles health department to force the local porn industry to require condom use on-set was rejected by a judge.

The AIDS Healthcare Foundation, the plaintiff in the case, stated it would appeal. The county Department of Health Services, AHF argues, has “passively observed an ever-growing epidemic'' in the industry but has done little about it.

“For over a decade, county health officials have talked, watched, written and analyzed. What county health officials have not done is act,'' the organization states in its petition.

The petition was filed in July, after a porn actress contracted HIV and health officials reported there had been as many as 25 HIV cases since 2004 in the industry. AHF is also lobbying for a state law that would ultimately require condoms for adult film shoots.

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