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

New EU User Stats Could Reclassify Major Adult Sites Under DSA

Three high-traffic adult sites previously classified as “very large online platforms” under the European Union’s Digital Services Act are reporting user numbers below the threshold for that label, opening the way for possible downgrading of their obligations under that law.

Spicerack Launches 'SpicyFanz' Creator Monetization Platform

Adult product marketplace Spicerack Market has launched its SpicyFanz creator monetization platform.

Connie Perignon Headlines Latest From Brazzers

Connie Perignon stars with Nick Strokes in the latest release from Brazzers, titled “Wanting Your Stepmom's Bubble Bath Body.”

Adult Time Releases New Installment of 'MILF Overload'

Adult Time has released the latest installment of director Jim Powers' series "MILF Overload."

Krystal Sparks Fronts Latest From MYLF

Krystal Sparks stars with Juan Loco in the latest scene from MYLF, titled “Cultural Penetration.”

Willow Ryder Stars in Latest From New Sensations

Willow Ryder stars with Will Pounder in the latest release from New Sensations.

Dorothy Black, Jasmin Jayne & Lily Blossom Share the Spotlight in Latest From MixedX

Dorothy Black, Jasmin Jayne, and Lily Blossom star in the latest release from MixedX, titled "A Glimpse of Lost Youth."

Singapore Livestreamer Jailed for Performing 'Obscene Acts' in Public

A judge in Singapore on Thursday sentenced a Vietnamese woman to three weeks in jail for livestreaming “obscene acts” from a public area.

FSC Withdraws Support for North Dakota AV Bill

The Free Speech Coalition (FSC) has withdrawn its support for an age verification bill in North Dakota, following changes made by the state legislature.

Octavia Red Returns to Blacked Raw

Octavia Red has made her return to Vixen Media Group studio imprint Blacked Raw alongside Isiah Maxwell.

Show More