U.S. High Court Decision May Impact Measure B Suit

SHERMAN OAKS, Calif. — This morning's Hollingsworth vs. Perry decision at the U.S. Supreme Court deprives the AIDS Healthcare Foundation standing to defend Measure B in federal court.

In April, U.S. District Judge Dean Pregerson ruled that the AHF could intervene in Vivid  Entertainment's suit 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.

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.

But today's U.S. Supreme Court ruling, Hollingsworth vs. Perry, which dismisses a case relative to California's Proposition 8 gay marriage ban, could be key in the possibility of tossing the AHF from the Measure B case.

The U.S. Supreme Court today held in Hollingsworth vs. Perry, 5-4, that opponents of gay marriage behind California's 2008 Proposition 8 effort did not have the constitutional authority, or standing, to defend the law in federal courts after the state refused to appeal its loss at trial years earlier.

"The court [in the Measure B case] granted AHF's intervention motion based on the Hollingsworth vs. Perry (Proposition 8) 9th U.S. Circuit Court of Appeals decision that as a proponent of an initiative, they had standing," industry attorney Allan Gelbard told XBIZ.

"The Supreme Court ruled this morning that was incorrect when it held that the proponents of Proposition 8 lacked Article III standing in federal court and vacated the 9th Circuit opinion," Gelbard said. 

Pregerson wrote in the April ruling that the AHF had significant protectable interest in the subject matter of the litigation that was sufficient to support intervention.

The AHF, in its arguments for intervenor status, maintained that the county concedes that the group was a necessary party to litigate the constitutionality of Measure B because "no other party to the case will."

Among its affirmative defenses, the AHF said that it had reserved "the right to have proponents of Measure B intervene and defend the constitutionality of Measure B in light of the Proposition 8 gay marriage ban decision."

The AHF did not immediately return calls to XBIZ for comment on today's ruling and possible effects on its intervenor status in the Measure B suit.

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 Measure B

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

Judge Pregerson's April ruling granting AHF intervenor status

Copyright © 2025 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

Pure Taboo Premieres Bree Mills Thriller 'The Secrets We Share'

Reigning XMAs winners Lilly Bell and Penny Barber star in the latest Bree Mills-directed thriller feature from Pure Taboo, "The Secrets We Share."

Pornhub to Shut Down Access in Arizona Over Age Verification

Aylo will geoblock Pornhub across Arizona starting Sept. 26, when the state’s age verification law, HB 2112, goes into effect.

Leana Lovings Returns to Brazzers

Leana Lovings stars with Kay Kay and reigning XMAs Male Performer of the Year Alex Jones in the latest release from Brazzers, titled “She's Mean & They Like It.”

Vanna Bardot Performs Her 1st Airtight for Deeper

Two-time XMAs Female Performer of the Year Vanna Bardot has performed her first airtight scene for Vixen Media Group (VMG) studio imprint Deeper, alongside Dan Damage, Parker Ambrose, and Dante Colle.

Flirtback Launches Zcash Crypto Payment Solution

Creator platform Flirtback has launched its Zcash (ZEC) crypto payment solution.

Ricky's Room Premieres Roxie Sinner Showcase

Ricky’s Room has released its Roxie Sinner showcase, titled "Girls Gone Sinner."

Eva Generosi Makes Her Tushy Debut

Eva Generosi has made her Tushy debut, starring for the Vixen Media Group studio imprint alongside Denis Marti.

Sophia Locke, River Lynn Topline 'Lesbian Stepmother 9' From Sweetheart Video

Sophia Locke and River Lynn headline the ninth volume of “Lesbian Stepmother” from Mile High Media studio imprint Sweetheart Video.

Juliana Marie Is Hustler's 'Cover Honey' for October

Juliana Marie is the Cover Honey for the October issue of Hustler Magazine and appears in a centerfold spread shot by Ellen Stagg.

Andi Avalon Leads 'The Gift' From Bellesa Films

Andi Avalon stars with Kate Dalia and Isiah Maxwell in the latest scene from Bellesa Films, titled “The Gift.”

Show More