Home > News > Vivid: AHF Shouldn't Be Able to Intervene in Measure B Appeal • Bookmark   • Newsletters   • Register Search Options


Vivid: AHF Shouldn't Be Able to Intervene in Measure B Appeal

Vivid: AHF Shouldn't Be Able to Intervene in Measure B Appeal
Get XBIZ News
Oct 16, 2013 2:45 PM PDT    Text size: 

LOS ANGELES — Vivid Entertainment attorneys filed court papers yesterday with the 9th U.S. Circuit Court of Appeals asking the court to dismiss the AIDS Healthcare Foundation as intervenors in the studio's appeal to effectively stop enforcement of Measure B.

Vivid, along with co-plaintiffs Kayden Kross and Logan Pierce, filed an appeal with the 9th Circuit last month after they were denied a preliminary injunction over Measure B by U.S. District Court Judge Dean Pregerson. The voter-approved measure requires the use of condoms in the production of adult movies in Los Angeles County.

Last week, Los Angeles County's appointed counsel told the clerk for the 9th Circuit that the county has chosen not to file an answering brief in the appeal over the preliminary injunction.

With the county not answering the appeal, AHF, the main supporter of the porn-condom measure and an intervenor in the lower court case, again seeks intervenor status — a status that Vivid is, again, battling against.

Vivid counsel argue in their reply brief to the 9th Circuit that the AHF must satisfy Article III of the U.S. Constitution, a statute that allows only an entity or individual who has suffered injury itself or himself to bring a case or appeal in federal court. They also argue that one party's satisfaction of Article III does not satisfy the requirement for all other participants and that the AHF lacks any protectable interest in the appeal.

Vivid attorneys said in their reply that the AHF can be only seen as a friend of the court, at best, in its appeal over the preliminary injunction.

At the lower court this past summer, Vivid was denied a motion to knock AHF off the case by Pregerson, who said that he disagreed with studio's claim that the U.S. Supreme Court in Hollingsworth vs. Perry requires intervenors to show they have standing independent of the actual defendants in case, Los Angeles County.

Pregerson earlier this year granted AHF's motion to intervene based on the 9th Circuit case Hollingsworth vs. Perry. 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.

But the U.S. Supreme Court in June overturned the 9th Circuit’s Hollingsworth decision, and Vivid asked Pregerson to disqualify the AHF as intervenors.

But Pregerson denied Vivid’s motion, ruling that the U.S. Supreme Court decision “implicitly approved of the framework currently at issue” because it left the district court’s decision intact in the Hollingsworth ruling.

“At the district court level, intervention by initiative proponents is proper when the government is enforcing the initiative but refuses to defend it, regardless of whether the intervenors have standing independent of the government defendants,” Pregerson wrote in his decision that favored the AHF.

But at the federal appellate level over the questions involving the preliminary injunction, Vivid attorneys wrote that the AHF must butt out. It their latest brief, Vivid counsel said that the only point at issue on its current motion with the 9th Circuit is the AHF’s claim to full party status on appeal.

"AHF’s insistence that they are 'needed' in this case is incorrect," Vivid attorneys wrote. "This court is more than capable of resolving the issues appellants raise notwithstanding the county’s election of the option to not file an answering brief.

"AHF has no interest in this litigation sufficient to satisfy either Article III standing or intervention ... ," Vivid attorneys wrote. "[The] intervenors accordingly should be dismissed as parties to this case."

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.
Access the latest issues of the industry's leading trade publications in digital form. View online or download for offline viewing.



Nov 04 - Nov 06
Edison, New Jersey

2016 Inked Awards

Nov 05 - Nov 05
Edison, New Jersey

XBIZ 2017

Jan 09 - Jan 13
Hollywood, CA

XBIZ Awards 2017

Jan 12 - Jan 12
Los Angeles, CA
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!