Judgment Motion Vacated as AHF Enters Measure B Suit

LOS ANGELES — U.S. District Judge Dean Pregerson yesterday vacated Vivid Entertainment's motion for judgment to invalidate Measure B, Los Angeles County's voter-approved law that mandates condoms on porn shoots.

Pregerson, in a pretrial order, said he made the decision after considering a stipulation submitted by intervenors in the suit — members of the AIDS Healthcare Foundation who have wedged themselves as defendants in the suit.

Pregerson recently allowed the AHF to intervene in the suit because of their stake in the county law. The AHF sponsored Measure B as well as the similar Los Angeles City ordinance and the pending AB 332, a bill wrangling through the state Assembly that would make condoms mandatory statewide during performances.

The federal jurist noted, however, that Vivid attorneys' motion for judgment to invalidate Measure B can be "completely re-filed if needed."

Pregererson also ordered that the scheduled May 6 hearing on Vivid's motion for preliminary injunction be continued to June 24 and that the AHF intervenors file a response to the studio's request by May 13.

AHF intervenors, Pregerson said, have until May 10 to file a motion to dismiss Vivid's suit entirely.

Vivid attorneys in previous court filings said they were 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 the earlier 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 Vivid's earlier motion for preliminary injunction, its 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.

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.

View Pregerson's order on Vivid's Measure B suit

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

Kazumi Does 1st Anal, DP for Vixen Media Group

Kazumi has performed her first anal and her first DP alongside Isiah Maxwell and Hollywood Cash for Vixen Media Group (VMG) studio imprint Blacked Raw.

Lauren Walker Toplines 'Hard' From Dorcel

Lauren Walker headlines "Hard," the latest release from Dorcel.

Phoenix Marie Makes Her Vixen Media Group Debut

Phoenix Marie has made her Vixen Media Group (VMG) debut with exclusive Jason Luv for studio imprint Blacked.

Child Protection, Civil Liberties Groups File Amicus Briefs in Support of FSC Court Petition

Several child protection and civil liberties groups have filed amicus briefs in support of the Free Speech Coalition's (FSC) petition to the Supreme Court.

MixedX Releases 'Love's Enigmatic Dance'

MixedX has released "Love's Enigmatic Dance" from its new studio banner, GetWitched, starring Candee Licious, Nata Gold and Zazie.

Queenie Sateen Headlines Final Installment of Seth Gamble's 'Luminati'

LucidFlix has released the fourth and final installment of "Luminati," the new cinemacore directing collaboration between reigning XBIZ Performer of the Year Seth Gamble and Siren Obscura, starring XBIZ Best New Performer Queenie Sateen.

PASS to Hold Comedy Fundraiser Next Week

PASS will host a comedy festival fundraiser next Friday, May 24.

Jada Stevens, Hollywood Cash Star in Latest From Ricky's Room

Jada Stevens stars with Hollywood Cash in "A Legendary Ass," from Ricky's Room.

Woodhull Urges the Supreme Court to Find Texas AV Law Unconstitutional

The Woodhull Freedom Foundation and the Electronic Frontier Foundation submitted a brief to the United States Supreme Court on Thursday, urging the justices to rule against Texas’ age verification law.

AEBN Publishes Popular Searches for March and April

AEBN has released the top search terms for the months of  March and April from its straight and gay theaters in all 50 states and the District of Columbia.

Show More