AHF Brings Up Mr. Marcus in Measure B Legal Brief

LOS ANGELES — The AIDS Healthcare Foundation, in its opposition to Vivid Entertainment's motion for preliminary injunction over Measure B enforcement, claims that the adult entertainment industry can't regulate itself and that voluntary compliance to protect against STI exposure has not been successful.

Granted intervenor status in Vivid's suit against Los Angeles County, the AHF in a court filing this week pointed to news involving Mr. Marcus as one example of why Measure B enforcement shouldn't be enjoined.

The AHF entered into evidence Exhibit I, which includes a CBS article on the sentencing of Mr. Marcus for knowingly exposing at least two adult performers to syphilis.

The longtime adult male performer, who must serve 15 days of community service and three years of probation as a result of the exposure, received a penicillin shot after testing positive for syphilis during screening before he was to make a film last July.

Following a second screening, the Los Angeles City Attorney's Office said Mr. Marcus continued to test positive for syphilis and altered a performer test-result form by obscuring the result on a photocopy. Mr. Marcus then returned to work, participating in two adult movie shoots.

In a concurrent motion to the opposition to Vivid's motion for preliminary injunction, the AHF asked the court to take judicial notice of the CBS article on Mr. Marcus, as well as other documents, including a letter from Cal/OSHA officials on the agency's position over film permits for adult producers, copies of various  state and county laws and ordinances and a letter from county Public Health Director Dr. Jonathan Fielding to each county supervisor regarding the adult film industry.

In its opposition to Vivid's motion for preliminary injunction over Measure B enforcement, the AHF said that the voter-approved county ordinance does not regulate the content of films that may be shown in Los Angeles County.

"Therefore, there is no expressive harm stemming from Measure B," the AHF said in the motion. "The only 'harms' from Measure B are the alleged monetary costs to a filmmaker in complying with Measure B and/or with moving his production outside of Los Angeles County. This 'harm' is far outweighed by the harms to the residents of Los Angeles County should Measure B be enjoined. Should Measure B be enjoined, an effective method of preventing STD infection also will be enjoined, which will have a deleterious impact on public health.  

"Despite plaintiffs’ cavalier attitude that the current rate of STD infection is somehow acceptable the general public has an interest in the health of [city and county] residents and workers," the AHF said. "A preliminary injunction of Measure B would absolutely have a negative impact on the public interest in its own health, and public health in general. Moreover, plaintiffs’ claimed attempts at 'self regulation' and 'voluntary compliance'  to protect against STI exposure have not been successful."

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.

U.S. District Judge Dean Pregerson plans to hear a motion to dismiss the case and motions for and against preliminary injunction on July 1 at federal court in Los Angeles.

View AHF's exhibits for judicial notice

Related:  

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

Cherry Kiss, Derek Kage Cap AEBN's Top Stars for 4th Quarter of 2024

AEBN has revealed its most popular performers in gay and straight theaters for the fourth quarter of 2024.

A Golden Night in Hollywood: 2025 XMAs Shine on Adult Entertainment's Best

To paraphrase the unofficial U.S. Postal Service motto: Neither rain nor cold nor the chaos of natural disasters can stop members of the adult entertainment community from the completion of their appointed duty every January: to honor the artistic and commercial achievements of their peers.

What Changes in DC Could Mean for the Adult Industry

On November 5, 2024, American voters were called to the polls. The results of that election revealed an unquestionably uncomfortable truth for everyone, regardless of party or ideology: the “united” part of United States does not appear to be holding strong.

Byborg Acquires Gamma Entertainment

Luxembourg-based Byborg Enterprises SA has acquired 100% of Canadian adult conglomerate Gamma Entertainment.

Adult Creative Debuts 'Pornful' Website Management Platform

Web design and marketing firm Adult Creative has launched its new Pornful website management platform.

Mia Mi, Megan Murkovski & Mr. Lucky Star in Latest From Immoral

Mia Mi, Megan Murkovski and Mr. Lucky make their Immoral Productions debuts in a new trilogy alongside studio honcho “Porno Dan” Leal.

2025 XMA Winners Announced

Winners of the 2025 XMAs were revealed Sunday night during a ceremony hosted by Vanna Bardot and Ryan Reid at the world-famous Hollywood Palladium.

X3 Expo Day 2 Looks at the Industry's Past, and Ahead to Its Future

A gorgeous day in LA saw a massive procession making its way along Sunset Blvd., as hundreds of excited fans headed to the historic Hollywood Palladium for a rendezvous with the galaxy of A-list adult stars awaiting them on Day 2 of the 2025 X3 Expo.

X3 Expo Pops Off With All-Star Lineup

A wave of excited fans cascaded down Sunset Blvd., cresting and breaking with anticipation as they flowed into the historic Hollywood Palladium, where the A-list echelon of the adult world stood ready to greet them, pose with them, chat them up, and showcase the latest in spicy entertainment, as the 2025 X3 Expo popped off.

XBIZ Honors Uplifts Spirits Amid Challenging Times for LA and the Adult Industry

"A bunch of misfit toys." That’s how MojoHost founder Brad Mitchell described himself and his industry peers at the 2025 XBIZ Honors ceremony at Hollywood’s Kimpton Everly Hotel. Everyone cheered in agreement. Frankly, they wouldn’t have it any other way.

Show More