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

Anissa Kate, Katie Kush Topline Latest 'Lesbian Anal' From Sweetheart Video

Anissa Kate and Katie Kush headline "Lesbian Anal 8," from Mile High Media studio imprint Sweetheart Video.

Evil Angel Drops Angelo Godshack's 'Squirting Wars'

Evil Angel has released director Angelo Godshack’s “Squirting Wars.”

Red Rose Makes Her WIFEY Debut

Red Rose stars with her husband James and Hollywood Cash in the latest release from Vixen Media Group studio imprint WIFEY.

Better Life Science Joins PASS as New Testing Partner

Performer Availability Screening Services (PASS) has added Better Life Science as a new testing partner.

Sansyl Group Acquires Blue Donkey Media

Sansyl Group, parent company of AdultPrime Network, has acquired Blue Donkey Media B.V., owner of Dutch adult site Meiden van Holland, among several other erotic websites and television channels.

Yakira King, King Noire Star in Latest From TGirls.xxx

Yakira King and King Noire star in the latest release from Grooby paysite TGirls.xxx, titled "Pop the Balloon: Trans Edition."

Pineapple Support to Hold Mental Health Summit

The annual Pineapple Support Mental Health Summit is taking place Dec. 15-17.

Ofcom Fines AVS Group $1.3 Million for AV Noncompliance

U.K. media regulator Ofcom on Wednesday imposed a penalty of one million pounds, or approximately $1.3 million, on AVS Group Ltd. after an investigation concluded that the company had failed to implement robust age checks on 18 adult websites.

Updated: Aylo to Help Test EU Age Verification App

Pornhub parent company Aylo plans to participate in the European Commission’s pilot program for its “white label” age verification app, a spokesperson for the company has confirmed.

Missouri Lawmaker Attempts to Revive 'Health Warnings' for Adult Sites

A Missouri state representative has introduced a bill that would require adult sites to post notices warning users of alleged physical, mental, and social harms associated with pornography, despite a previous federal court ruling against such requirements.

Show More