Adding AHF to Measure B Suit Would Prolong Case, Vivid Attorneys Say

LOS ANGELES — Vivid Entertainment attorneys filed court papers this week explaining why the AIDS Healthcare Foundation shouldn't be able to intervene in its lawsuit against Los Angeles County over implementation of Measure B.

AHF President Michael Weinstein earlier this month asked a federal judge to allow him and other proposed intervenors — AHF employees Marijane Jackson, Arlette De La Cruz, Mark McGrath and Whitney Engeran, as well as the AHF-funded Campaign Committee Yes on B — to intervene in Vivid's suit against the county.

The AHF group said in earlier court papers that it seeks to join the suit because of “significantly protectable interest.”

But on Monday, Vivid attorneys said in a court brief that by adding the AHF as an intervenor, "it would only prolong the case and raise unnecessary issues that are not essential to the merits" and that defendants in the case — Los Angeles County, county Public Health Director Jonathan Fielding and the district attorney — have consistently taken steps to implement, enforce and defend Measure B.

"Indeed, the defendants have chosen to defend Measure B in this action, and may be required to pay [Vivid's] attorneys fees if the challenge to Measure B succeeds," Vivid attorneys said. "Thus, there is no reason to believe that defendants will not mount a vigorous defense of Measure B."

The AHF, which spent $2 million to qualify Measure B on the Los Angeles County ballot, in earlier court papers said that they seek to join the suit because at least two Los Angeles County supervisors have been critical over Measure B and that two other county officials — the county counsel and the public health director — have voiced skepticism over whether the law passed by voters can be enforced.

Calling the AHF's proposed intervention both unnecessary and improper, Vivid attorneys also said that the group hasn't even established or addressed its standing in the case under Article III of the U.S. Constitution.

Under Article III, Rule 24, proposed intervenors must demonstrate an interest in this case that is “concrete and particularized” and “actual or imminent.”

"[The AHF argues] that because they put Measure B on the ballot and supported its passage by the voters, they have an interest in these proceedings," Vivid attorneys said. "[They] do not, however, point to any actual or imminent, concrete interest in Measure B, other than their desire to see it upheld and enforced.

"For example, there is no claim that any of the proposed intervenors are involved in the creation of adult films, or engage in intimate contact with individuals who work in the adult film industry, such that the work place safety or alleged public health concerns that Measure B purports to address directly affect them."

Vivid attorneys — Robert Corn-Revere, Paul Cambria and H. Louis Sirkin — pointed out that, as the U.S. Supreme Court held in an Arizona group's bid to make English the official language of the state, "a general interest in the proper application of the law 'will not do' for Article III standing."

Vivid is seeking injunctive relief over enforcement of Measure B, Los Angeles County's Safer Sex in the Adult Film Industry Act, which was approved by voters in November.

Vivid and two adult performers, Kayden Kross and Logan Pierce, filed their suit in January at U.S. District Court in Los Angeles.

U.S. District Judge Dean Pregerson will hear the AHF's motion to join the case on April 15.

View opposition to AHF's motion

Copyright © 2026 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

Playboy Partners With Creator Platform Tango

Playboy has partnered with creator platform Tango, introducing Playmates to the livestreaming service.

Anti-Porn Senator Introduces Federal Age Verification Bill

U.S. Senator Jim Banks of Indiana, who last month urged the Department of Justice to ramp up obscenity prosecutions, on Wednesday introduced a bill that would make age verification by adult websites federal law.

Alanna Pow Stars in Latest From Brazzers

Alanna Pow stars with Dwayne Foxxx in the latest release from Brazzers, titled "Skin Tight and Fucked Right!"

AEBN Publishes Popular Searches by Country for April, May

AEBN has released the list of popular searches from its straight and gay theaters, by country, for April and May.

Amalia Davis, Leya Desantis Star in Latest From SexArt

Amalia Davis and Leya Desantis star in the latest release from MetArt studio brand SexArt, titled "My Treasure."

Ondato Joins Pineapple Support as Sponsor

Age and identity verification company Ondato has joined the ranks of over 70 adult businesses and organizations committing funds and resources to Pineapple Support.

Jewelz Blu Stars in Latest Gangbang From Ricky's Room

Jewelz Blu stars in a new gangbang scene from Ricky's Room, titled “Every Hole Is The Goal.”

Alexis Fawx, Armani Black Make Their Bellesa Plus Debuts

Armani Black and multi-XMAs winner Alexis Fawx have made their Bellesa Plus debuts alongside John Legendary in the latest episode of the studio’s “Blind Date” series.

DomCon LA Cracks the Whip on Community and Kink Education

As DomCon attendees packed up their paddles and checked out of the LAX Hilton following a long weekend of play parties, classes, and high-impact reunions with old friends, it was easy to tell who was there for the 23rd year of LA’s premier BDSM gathering and who was a business traveler from Cleveland who happened to be in the weird place at the right time.

Reptyle to Debut MYLF's 1st Serialized Release 'Motherfucker'

Reptyle will premiere MYLF’s first serialized release, “Motherfucker,” starting Friday.

Show More