AHF Says It Has 'Protectable Interest' in Measure B Lawsuit

Rhett Pardon

LOS ANGELES — The AIDS Healthcare Foundation says it has a "significant, protectable interest" in the constitutionality of Measure B and that its stake in its porn-condom crusade could be impaired if it can't intervene in Vivid Entertainment's legal battle against Los Angeles County.

In a reply memorandum yesterday, the AHF again urged a federal judge to allow a group led by AHF President Michael Weinstein, four AHF employees and the AHF-funded Campaign Committee Yes on B to intervene in a case that seeks 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.

In the memorandum filed with the U.S. District Court in Los Angeles, the AHF said that counsel for Los Angeles County won't make any arguments made by the proposed intervenors because it won't defend the constitutionality of Measure B.

"Proposed intervenors are prepared to defend Measure B as constitutional and not preempted by state law," AHF counsel said. "For example, proposed intervenors submit that Measure B does not contain a content-based restriction of speech-related conduct. Further, proposed intervenors would argue that Measure B does not preempt state law because Measure B does not seek to enact an occupational health and safety standard but rather a public health standard applicable to film activity."

The AHF further maintains that the county concedes that the group is a necessary party to litigate the constitutionality of Measure B because "no other party to the case will."

"Quite simply, defendants and proposed intervenors are not 'on the same side' with the 'same ultimate goal' as plaintiffs contend," AHF counsel said. "The fact is, these same defendants had opportunities to adopt Measure B and chose to reject it; a majority of the county Board of Supervisors expressly voted against adopting Measure B, and as a consequence, it was submitted to the voters of Los Angeles County. Further, these same defendants openly denounced Measure B as a waste of government resources and a 'mockery' to try to enforce."

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

View AHF's memorandum to the court