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

AEBN Publishes Report on Fetish Trends

AEBN has published a report on fetish categories from its straight and gay theaters.

Online Child Protection Hearing to Include Federal AV Bill

A House subcommittee will hold a hearing next week on a slate of bills aimed at protecting minors online, including the SCREEN Act, which would make site-based age verification of users seeking to access adult content federal law.

Lana Wolf Returns to Immoral Productions

British star Lana Wolf stars in a new two-part scene from Immoral Productions alongside Dean Van Damme and studio honcho “Porno” Dan Leal.

Lulu Chu, Connie Perignon Star in 'Locked, Cocked & Loaded' From Brazzers

Lulu Chu and Connie Perignon star with Victor Ray in the latest release from Brazzers, titled "Locked, Cocked & Loaded."

Adriana Chechik Returns to Evil Angel With Blowbang From Jonni Darkko

Adriana Chechik has returned to Evil Angel with a blowbang from director Jonni Darkko.

Industry Photographer, 'Payout' Founder Mike B Passes Away

Longtime industry photographer and publisher Michael Bartholomey, known widely as Mike B, passed away Saturday.

FSC Announces 2025 Board of Directors Election Nominees

The Free Speech Coalition (FSC) has announced the nominees for its 2025 Board of Directors election.

AdultHTML Launches Black Friday Web Design, Development Promo

AdultHTML has launched its annual Black Friday/Cyber Monday promo for web design and development, running through Dec. 5.

Chanel Camryn Headlines 'Babysitters Wanted 4' From Reality Junkies

Chanel Camryn toplines the fourth volume of "Babysitters Wanted" from Mile High Media studio imprint Reality Junkies.

Romi Rain Featured on 'Adult Time Podcast'

Romi Rain is the latest guest on “The Adult Time Podcast,” hosted by studio CCO Bree Mills.

Show More