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AHF Allowed to Intervene in Vivid's Measure B Suit

AHF Allowed to Intervene in Vivid's Measure B Suit
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Apr 16, 2013 2:00 PM PDT    Text size: 

LOS ANGELES — The AIDS Healthcare Foundation can intervene in Vivid Entertainment's legal challenge of Measure B, U.S. District Judge Dean Pregerson ruled this afternoon.

"It is uncontested that proposed intervenors were the official proponents of Measure B," Pregerson wrote in his ruling. "As such, the court finds that they have a significant protectable interest in the subject matter of the litigation, sufficient to support intervention.

"Proposed Intervenors have met all four factors under Rule 24(a)(2) and the court therefore grants intervention," he wrote, referring to the following factors: timeliness, significant protectable interest, impairment of interest and adequate representation of interests.

The AHF, in its arguments for intervenor status, contended 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 in previous briefs. "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 maintained 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."

Vivid, led by a trio of famed adult entertainment industry attorneys — Robert Corn-Revere, Paul Cambria and H. Louis Sirkin — are seeking injunctive relief over enforcement of 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.

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