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 © 2025 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

Savvy Suxx Is Hustler's 'Cover Honey' for August

Savvy Suxx is the Cover Honey for the August issue of Hustler Magazine and appears in a 14-page centerfold spread shot by ThisYearsModel.com.

Ofcom Releases Transparency Reporting Guidelines

Ofcom, the U.K. media regulator, has made public its official guidance detailing how online service providers — including adult sites — will be required to publish annual transparency reports on their efforts to protect children from online harms.

New AV Rules Take Effect for Ireland-Based Sites

Ireland’s Online Safety Code came into force Monday, including a provision requiring adult sites headquartered in Ireland to implement age assurance measures beyond self-declaration.

Payton Preslee Topline Latest From Hard X

Payton Preslee headlines "Sexual Icons 4," from XEmpire studio brand Hard X.

XBIZ Amsterdam Calls on New Startups for 'Spotlight' Program

XBIZ is pleased to announce that its new “Startup Spotlight” programming will make its European premiere at XBIZ Amsterdam 2025, set to take place Sept. 2-5 at the Jakarta Hotel Amsterdam.

Texas Resumes AV Lawsuit Against Aylo Following SCOTUS Decision

A district court judge in Texas has unfrozen the state’s $1.6 million lawsuit against Aylo for allegedly failing to comply with age verification requirements, Bloomberg Law is reporting.

Nadia Jay Stars in Latest From Brazzers

Nadia Jay stars with Mick Blue in the latest release from Brazzers, titled "Fucking the Bath Voyeur."

Tommy Gunn Reflects on His Legendary Past as He Looks to the Future

Tommy Gunn is wearing an eyepatch. It’s not an homage to the classic "Pirates" porn parody franchise, in which Gunn takes on the Johnny Depp role. The eyepatch is a temporary measure to help him deal with a nerve palsy that came out of nowhere several years ago and affects his vision from time to time. Gunn needs his vision. As one of the adult industry’s longest-serving male stars, he still has plenty to look forward to.

Rocco Siffredi Directs New Rebel Rhyder Showcase

Evil Angel has released Rocco Siffredi’s Rebel Rhyder showcase title, "Rebel Meets Rebel."

JuicyAds Wins Trademark Infringement Case Against Fraudulent Domain

JuicyAds has won its World Intellectual Property Organization (WIPO) case against a website using a similar domain to impersonate the company's site and defraud customers.

Show More