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Vivid Asks Federal Judge to Invalidate Measure B

Vivid Asks Federal Judge to Invalidate Measure B
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Apr 9, 2013 1:30 PM PDT    Text size: 

LOS ANGELES — Vivid Entertainment attorneys have filed a motion for judgment to invalidate Measure B, Los Angeles County's voter-approved law that mandates condoms on porn shoots.

Concurrently, Vivid's legal team also has asked a federal judge to grant a preliminary injunction over the enforcement of the countywide law.

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.

In the filings made Friday, Vivid attorneys are seeking a judgment on pleadings to invalidate the county ordinance because, among other things, Measure B imposes an "intolerable burden" on the exercise of rights under the 1st Amendment.

"The enforcement of Measure B ... presents serious due process problems," Vivid attorneys said in a motion for judgment. "Its permit suspension/revocation regime operates without prior hearing and lacks procedural safeguards.

"It also allows searches of any location 'suspected' of being subject to Measure B, and seizures of all manner of personal property, including 'samples.' without any warrant or probable cause requirement.

"Thus, if enforced, Measure B would violate plaintiffs' liberty and property interest in the expressive works they create through the exercise of First Amendment rights, in documents and other personal property used to create those works, and in the ongoing freedom to create such works."

In the motion for preliminary injunction, Vivid counsel said that the defendants, the county and the Public Health director, have repeatedly rejected requests to not enforce Measure B during the pendency of the case.

The defendants, Vivid attorneys noted, have asserted that the burden for defending the legality of Measure B falls to the proposed intervenors, the AIDS Healthcare Foundation, the sponsors of the county law as well as Los Angeles City law and the pending AB 332.

"[But] conspicuously absent from the defendants' statement [to the court]  has been any commitment to forgo enforcing Measure B pending resolution of the concededly 'important constitutional questions' or to adopt a narrowing construction," Vivid counsel said.

U.S. District Judge Dean Pregerson is expected to respond to Vivid's latest requests by May 6.

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