Judge Continues Measure B Case to July 11

Rhett Pardon

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.