Vivid Asks Federal Judge to Invalidate Measure B

LOS ANGELES — Vivid Entertainment attorneys have filed a motion for judgment to invalidate Measure B, Los Angeles County's voter-approved law that mandates condoms on porn shoots.

Concurrently, Vivid's legal team also has asked a federal judge to grant a preliminary injunction over the enforcement of the countywide law.

Vivid and two adult performers, Kayden Kross and Logan Pierce, filed their suit in January at U.S. District Court in Los Angeles to seek injunctive relief over enforcement of Measure B, Los Angeles County's Safer Sex in the Adult Film Industry Act.

In the filings made Friday, Vivid attorneys are seeking a judgment on pleadings to invalidate the county ordinance because, among other things, Measure B imposes an "intolerable burden" on the exercise of rights under the 1st Amendment.

"The enforcement of Measure B ... presents serious due process problems," Vivid attorneys said in a motion for judgment. "Its permit suspension/revocation regime operates without prior hearing and lacks procedural safeguards.

"It also allows searches of any location 'suspected' of being subject to Measure B, and seizures of all manner of personal property, including 'samples.' without any warrant or probable cause requirement.

"Thus, if enforced, Measure B would violate plaintiffs' liberty and property interest in the expressive works they create through the exercise of First Amendment rights, in documents and other personal property used to create those works, and in the ongoing freedom to create such works."

In the motion for preliminary injunction, Vivid counsel said that the defendants, the county and the Public Health director, have repeatedly rejected requests to not enforce Measure B during the pendency of the case.

The defendants, Vivid attorneys noted, have asserted that the burden for defending the legality of Measure B falls to the proposed intervenors, the AIDS Healthcare Foundation, the sponsors of the county law as well as Los Angeles City law and the pending AB 332.

"[But] conspicuously absent from the defendants' statement [to the court]  has been any commitment to forgo enforcing Measure B pending resolution of the concededly 'important constitutional questions' or to adopt a narrowing construction," Vivid counsel said.

U.S. District Judge Dean Pregerson is expected to respond to Vivid's latest requests by May 6.

View Vivid's motion for judgment on pleadings

Copyright © 2024 Adnet Media. All Rights Reserved. XBIZ is a trademark of Adnet Media.
Reproduction in whole or in part in any form or medium without express written permission is prohibited.

More News

Dorcel Drops Ricky Greenwood Musical 'Alive' on DVD

Dorcel has released the Ricky Greenwood-directed musical feature "Alive" on DVD.

Emma Rose Stars in 3rd Installment of Transfixed/Femboyish Collab

Emma Rose stars with Foxy Alex in the third installment of Adult Time’s Transfixed/Femboyish collaboration “Discovering Myself,” titled “Dreams and Desires.”

Emiri Momota Stars in Latest From Hentaied

Hentaied exclusive Emiri Momota stars with Barbie Rous in the studio's latest release, titled "Unknown Disappeared."

Sasha Tatcha Makes Her Hookup Hotshot Debut

Sasha Tatcha has made her Hookup Hotshot debut alongside studio honcho Bryan Gozzling.

Bridgette B, Payton Preslee & Emma Magnolia Star in Latest Installment of 'HZTV'

Bridgette B, Payton Preslee and Emma Magnolia star with Scott Nails in the latest installment of Brazzers series “HZTV,” titled "This House Was Built For Fucking."

Lady Gang Stars in Latest From Immoral Productions

Lady Gang stars with Matt Bird and Charlie Dean in a new DP trilogy release from Immoral Productions.

French Court Orders Block of Adult Sites

The Paris Court of Appeal has ordered that four adult sites be blocked in France if they don't comply with age verification requirements within 15 days.

DoggVision Relaunches Through YourPaysitePartner

DoggVision.com has relaunched through YourPaysitePartner (YPP).

Baby Nicols Stars in Latest From Ricky's Room

Baby Nicols stars with Ricky Johnson in the latest release from Ricky's Room, titled "Let's Get It On."

Brazzers Partners With Richardson for 20th Anniversary Clothing Line

Brazzers has partnered with apparel company Richardson to release a clothing line to celebrate the studio's 20th anniversary.

Show More