Home > News > Judge Continues Measure B Case to July 11 • Bookmark   • Newsletters   • Register Search Options


Judge Continues Measure B Case to July 11

Judge Continues Measure B Case to July 11
Get XBIZ News
Jul 1, 2013 12:00 PM PDT    Text size: 

LOS ANGELES — U.S. District Judge Dean Pregerson informed plaintiffs and defendants in Vivid Entertainment vs. County of Los Angeles that a hearing to decide motions has been continued to Thursday, July 11.

The continuance was made by the court, which now must analyze and weigh new facts made by Vivid Entertainment's attorneys, A hearing had been scheduled for today.

Vivid Entertainment last week filed court papers seeking to have the AIDS Healthcare Foundation disqualified as intervenors in the studio's legal fight to stay enforcement of Measure B.

The studio and co-plaintiffs Kayden Kross and Logan Pierce told the court that they will seek the court's reconsideration of its earlier decision because of last week's U.S. Supreme Court ruling in Hollingsworth vs. Perry.

"In Hollingsworth, the court holds that the proponents of ballot initiatives, like intervenors here with Measure B, 'have no ‘personal stake’ in defending its enforcement … distinguishable from the general interest of every  citizen of California and thus lack Article III standing," Vivid attorneys said in yesterday's motion for reconsideration.

Article III of the Constitution allows only an individual who has suffered injury himself to bring a case or appeal in federal court. The harm must be direct and concrete; an ideological interest never has been sufficient to establish standing.

Pregerson ruled in April that the AHF could intervene in Vivid' 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 court granted AHF' s motion to intervene based on the Hollingsworth ruling, which was decided at the 9th U.S. Circuit Court of Appeals.

That ruling held that opponents of gay marriage behind California's 2008 Proposition 8 effort had the constitutional authority, or standing, to defend the law in federal courts after the state refused to appeal its loss at trial years earlier.

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."

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 Measure B.

Vivid, Kross and Pierce filed their suit in January at U.S. District Court in Los Angeles.

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 !


E-Stim Basics: Selling Customers on Powerboxes as Pleasure Tools

Electrosex is a commonly misunderstood pleasure practice for good reason: Most of us have negative associations with electricity; maybe we’ve been shocked after rubbing our feet across a carpeted... More »

Search Oftentimes Is Left to Chance

Adult content is frowned upon in search, whether in paid, organic or social. With the big algo updates from the past few years, Google has cleaned up search, trying to get rid of spammy and low-quality... More »

Five Tips to Generate Repeat Business

A $50 sale is great. But what if you could get that same $50 sale to come back four times in the next few months? Here are some ideas how to achieve that. 1) On your receipts, you should have an option... More »
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.

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.


XBIZ 2017

Jan 09 - Jan 13
Hollywood, CA

XBIZ Awards 2017

Jan 12 - Jan 12
Los Angeles, CA

ANME Founders Show

Jan 14 - Jan 15
Los Angeles Marriott Burbank Airport

Everything To Do With Sex Show

Jan 20 - Jan 22
Montréal, Québec
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!