Home > News > Vivid Asks Federal Judge to Invalidate Measure B • Bookmark   • Newsletters   • Register Search Options

NEWS STORY

Vivid Asks Federal Judge to Invalidate Measure B

Vivid Asks Federal Judge to Invalidate Measure B
Get XBIZ News
XBIZ Research
Will Porn Valley move across the state line to Las Vegas?
Yes
  48.17%
No
  51.83%
Out of 164 votes. Results based on votes submitted by members of XBIZ.net social network.
XBIZ 360 - Jan. 14-16, Los Angeles
Tuesday, Apr 9, 2013    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.

More ways to get XBIZ News:  RSS Feeds  |  E-Newsletters  |  Desktop Widget  |  Mobile
Looking for porn star news and behind-the-scene videos? Check out XFANZ.com !

BUSINESS ANALYSIS

Not Done Yet: Porn Execs Ponder DVD Market

Once the centerpiece of content-driven revenue streams, the market for adult DVDs has taken a figurative beating over recent years, driven by factors ranging from profligate digital piracy to the advent... More »

The Fabulous Mobile Market

The phrase “content is king” has often been used in connection with erotica that is created with desktop computers in mind, and the phrase is still applicable. But as the summer of 2014 heats... More »

A Man’s World: Male Sex Toy Sales Continue Upward Trajectory

For many years, the very idea of a “male sex toy” was regarded by most people as something of a joke. The term brought to mind images of cheap, rubberized blowup dolls and their ludicrous puckered... More »
XBIZ NEWSLETTERS
Stay informed of the latest industry developments. Get XBIZ newsletters delivered to your inbox. Subscribe today!
Enter email address:

* To manage existing subscriptions click here.






POPULAR PRODUCTS & SERVICES
Submit your press release to
multiple news outlets with 1 click.
Subscribe to RSS news feeds or
add free content to your website.
Access XBIZ news and articles
with your mobile device.
Subscribe to XBIZ Premiere magazine, the industry's leading adult retail trade publications, delivering the most timely and comprehensive business news and information to producers and retailers of adult products.

UPCOMING EVENTS

XBIZ EU 2014

Sep 25 - Sep 28
London, U.K.

Oktoberfest Gathering

Sep 28 - Sep 30
Munich, Germany

eroFame erotic trade fair

Oct 08 - Oct 10
Hannover, Germany

VENUS International Fair

Oct 16 - Oct 19
Berlin, Germany
Everyday thousands of business professionals browse XBIZ's industry directory for quality products and services. Not listed yet? Your company could be losing potential new business. Submit your company today!
Use XBIZ RSS feeds to stay informed of the latest industry developments or as a content syndication tool for your website!