Vivid, AHF Reach Settlement in Measure B Legal Battle

Vivid, AHF Reach Settlement in Measure B Legal Battle

LOS ANGELES — A settlement has been reached in Vivid Entertainment’s federal lawsuit over Los Angeles County’s Measure B.

On Thursday, Vivid attorneys and counsel for intervenors in the suit, the AIDS Healthcare Foundation, told a magistrate judge that they have reached a deal to end their long-running legal battle over porn production requirements.

Details of the Measure B settlement have not been publicly revealed; however terms of the agreement will be subject to approval by the Los Angeles County Board of Supervisors. A hearing date for approval hasn’t yet been made.

The long-running case has its roots in a 2012 ballot measure, titled the County of Los Angeles Safer Sex in the Adult Film Industry Act and sponsored by the AHF, that received the green light from voters.

The measure requires porn performers to wear condoms in all vaginal and anal sex scenes shot in Los Angeles County and forces porn producers to pay an annual fee to the county's Department of Public Health. In addition, all performers and workers on the set also are required to undergo bloodborne pathogen training.

In January 2013,Vivid, one of porn’s most prolific studios, filed a lawsuit against the Los Angeles County and its Public Health department claiming that the measure violated performers’ rights to free speech and expression. The lawsuit included as co-plaintiffs porn performers Kayden Kross and Logan Pierce.

Seven months later, Pregerson struck down portions of the law, including a $2,000 to $2,500 permit fee, but upheld the constitutionality of requiring condoms in adult films and any fee that was “revenue neutral” to cover enforcement costs. Pregerson also denied Vivid’s motion for preliminary injunction.

Vivid appealed Pregerson’s ruling that upheld the measure, and in December 2014 the 9th U.S. Circuit Court of Appeals affirmed the federal jurist’s order denying a motion to overturn the ordinance.

The 9th Circuit, however, held that Pregerson did not abuse his discretion in declining to enjoin the enforcement of Measure B’s condom mandate.

The case was sent back to the lower court to adjudicate Vivid’s claim that its First and Fourth Amendment rights were violated with Measure B.

Vivid all along has claimed that Measure B inhibits the studio’s desire to freely express unprotected sex in the actual making of the film in order to realize its artistic vision; performers are consenting adults and may choose to have sex in the workplace in the manner in which they please; and that the adult film industry takes adequate steps to protect its performers from sexually transmitted infections so no one else should protect them.

But Vivid’s claim that the adult industry already takes adequate steps to protect its performers from STIs, making Measure B unnecessary, became ammunition for AHF President Michael Weinstein and the AHF.

Weinstein and the AHF, the intervenors in the suit, served a subpoena on the performer testing clinic Cutting Edge Testing, a clinic used mostly used by performers signed up in the Free Speech Coalition’s PASS system, for all documents relating to STI test results.

Weinstein sought two categories of documents in discovery: All information uploaded by CET to the PASS system and adult performers’ test results for the past five years.

However, the AHF, as intervenors in the suit, asked the court to impose sanctions against the FSC for not disclosing the information without the protective order.

Meanwhile, Vivid attorneys claimed a misuse of discovery, claiming that “Weinstein is harassing a non-party (e.g.: by seeking to publicly disclose membership lists) in order to support his ‘war of attrition’ against FSC and its members."

The parties were scheduled to meet in court today over the motions to compel depositions and further responses from the FSC, but the hearing was vacated on Thursday.

In a status hearing on Thursday before U.S. Magistrate Judge Alicia Rosenberg, the parties said they had settled the case. With that news in hand, Rosenberger gave them until March 31 to hammer out and finalize the agreement.

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

Tiffani Time Makes Her WIFEY Debut

Newly crowned XMA Creator Awards Rising Clip Creator Tiffani Time stars with her husband Benfit and Jax Slayher in the latest release from Vixen Media Group studio imprint WIFEY.

Karmen Karma Stars in Latest From Ricky's Room

Karmen Karma stars in the latest release from Ricky's Room, titled "A Long Time Cumming."

FSC Publishes Analysis of Federal Trade Commission Event Promoting AV

Free Speech Coalition (FSC) has published an analysis of a Federal Trade Commission (FTC) event held this week that promoted age verification among other forms of speech regulation.

Cubbi Thompson Makes Her Jules Jordan Debut

Cubbi Thompson has made her Jules Jordan debut alongside Lexington Steele in the studio's latest release.

Seth Gamble Drops Trailer for Upcoming Feature 'Once Upon a Time in the Valley'

Multi-XMAs winner Seth Gamble has released the trailer for his upcoming Wicked Pictures feature, "Once Upon a Time in the Valley."

Ryan Reid Stars in Latest From Brazzers

Ryan Reid stars with Damon Dice in “A Day in the Life,” from Brazzers.

Andylynn Payne Toplines Joey Silvera's 'Trans-Active 30'

Andylynn Payne headlines director Joey Silvera’s “Trans-Active 30” from Evil Angel.

Violet Myers, Megan Faith Star in Latest From Slayed

Reigning XMAs Premium Social Creator of the Year Violet Myers stars with Megan Faith in the latest release from Vixen Media Group studio imprint Slayed.

Coco Bae Returns to Brazzers

Coco Bae stars with Danny D. in the latest release from Brazzers, titled “The Cock Collector.”

GirlsDoPorn Owner Michael Pratt Pleads Guilty to Sex Trafficking

Michael Pratt, former owner of the rogue website GirlsDoPorn, pleaded guilty in the U.S. District Court for the Southern District of California on Thursday to sex trafficking and conspiracy to commit sex trafficking charges, according to a report by City News Service.

Show More