Vivid to Request Accelerated Docket on Measure B Appeal

Bob Johnson

LOS ANGELES — Vivid Entertainment and performers Kayden Kross and Logan Pierce said today they will request the 9th Circuit Court of Appeals to accelerate the hearing of their appeal of a recent U.S. District Court decision regarding Measure B, which requires the use of condoms in the production of adult movies in Los Angeles County.

Vivid and the two performers earlier this week filed a Notice of Appeal of several of U.S. District Judge Dean D. Pregerson's rulings regarding Measure B.

Among the items they plan to appeal are Pregerson's decision to allow AIDS Healthcare Foundation (AHF) to remain as an intervener in the case, and his ruling on August 16 that denied the plaintiffs' request for a preliminary restraining order to prevent Measure B's mandatory condom requirement from taking effect.

"Our Notice of Appeal will challenge the few remaining parts of the statute that the judge has not enjoined, and he has enjoined much of the provisions including the funding. Our appeal will also encompass the propriety of AHF as a party to the action," attorney Paul Cambria, who represents the plaintiffs, said.

Vivid co-founder and chairman Steven Hirsch vowed to continue the fight for as long as it takes.

"We look forward to presenting our case and strongly believe that we will ultimately prevail,” Hirsch said.

Vivid, Kross and Pierce are supported in their appeal by the Free Speech Coalition, according to CEO, Diane Duke.

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