Judgment Motion Vacated as AHF Enters Measure B Suit

LOS ANGELES — U.S. District Judge Dean Pregerson yesterday vacated Vivid Entertainment's motion for judgment to invalidate Measure B, Los Angeles County's voter-approved law that mandates condoms on porn shoots.

Pregerson, in a pretrial order, said he made the decision after considering a stipulation submitted by intervenors in the suit — members of the AIDS Healthcare Foundation who have wedged themselves as defendants in the suit.

Pregerson recently allowed the AHF to intervene in the suit because of their stake in the county law. The AHF sponsored Measure B as well as the similar Los Angeles City ordinance and the pending AB 332, a bill wrangling through the state Assembly that would make condoms mandatory statewide during performances.

The federal jurist noted, however, that Vivid attorneys' motion for judgment to invalidate Measure B can be "completely re-filed if needed."

Pregererson also ordered that the scheduled May 6 hearing on Vivid's motion for preliminary injunction be continued to June 24 and that the AHF intervenors file a response to the studio's request by May 13.

AHF intervenors, Pregerson said, have until May 10 to file a motion to dismiss Vivid's suit entirely.

Vivid attorneys in previous court filings said they were seeking a judgment on pleadings to invalidate the county ordinance because, among other things, Measure B imposes an "intolerable burden" on the exercise of rights under the 1st Amendment.

"The enforcement of Measure B ... presents serious due process problems," Vivid attorneys said in the earlier motion for judgment. "Its permit suspension/revocation regime operates without prior hearing and lacks procedural safeguards.

"It also allows searches of any location 'suspected' of being subject to Measure B, and seizures of all manner of personal property, including 'samples.' without any warrant or probable cause requirement.

"Thus, if enforced, Measure B would violate plaintiffs' liberty and property interest in the expressive works they create through the exercise of First Amendment rights, in documents and other personal property used to create those works, and in the ongoing freedom to create such works."

In Vivid's earlier motion for preliminary injunction, its counsel said that the defendants, the county and the Public Health director, have repeatedly rejected requests to not enforce Measure B during the pendency of the case.

Vivid and two adult performers, Kayden Kross and Logan Pierce, filed their suit in January at U.S. District Court in Los Angeles to seek injunctive relief over enforcement of Measure B, Los Angeles County's Safer Sex in the Adult Film Industry Act.

View Pregerson's order on Vivid's Measure B suit

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

Melissa Stratton, Vanna Bardot Featured on Adult Time's 'After Sex Special' Podcast Series

Melissa Stratton and multi-XMAs winner Vanna Bardot guest on the second episode of the “Adult Time Podcast” series “After Sex Special,” hosted by studio CCO Bree Mills.

Cousin Stevie Passes Away at 82

Producer, director and reality TV personality Cousin Stevie has passed away at the age of 82.

Blake Lovely Leads New Scene From Grooby

Blake Lovely stars with Chris Epic in the latest release from Grooby Girls, titled “Banging Blake.”

Octavia Red Fronts Latest From Brazzers

Octavia Red stars with 2024 XMA Europas Male Performer of the Year Christian Clay in the latest Brazzers scene, “An Affair with My Piano Teacher.”

VPN Usage Surges in France After Aylo Restricts Access to Pornhub

France has experienced a surge in virtual private network (VPN) signups after Aylo, which operates Pornhub, Redtube and YouPorn, cut off access to those sites in the country in the wake of new age verification regulations, business news site MENAFN is reporting.

Leilani Li Stars in Latest 'TS Virtual Lovers' From Adult Time

Leilani Li stars in the latest episode of Adult Time series “TS Virtual Lovers.”

US Arcades Introduces Multi-Language Support

U.S. Arcades has introduced multi-language support to its arcade units.

Scarlett Venom Performs 1st B/B/G for Reality Kings

Scarlett Venom performs her first B/B/G with James Angel and Ace Bigs in the latest Reality Kings scene, “Sharpening Her Skills.”

New Creator Directory 'TrustyFans' Launches

TrustyFans, a newly launched directory designed to help fans discover their favorite creators, is now live.

Evil Angel Launches 'Iconic Angels' Retrospectives With Spotlight on Annette Schwarz

Evil Angel has launched its new Iconic Angels retrospective series, kicking off with Annette Schwarz as its inaugural spotlight.

Show More