AHF Brings Up Mr. Marcus in Measure B Legal Brief

LOS ANGELES — The AIDS Healthcare Foundation, in its opposition to Vivid Entertainment's motion for preliminary injunction over Measure B enforcement, claims that the adult entertainment industry can't regulate itself and that voluntary compliance to protect against STI exposure has not been successful.

Granted intervenor status in Vivid's suit against Los Angeles County, the AHF in a court filing this week pointed to news involving Mr. Marcus as one example of why Measure B enforcement shouldn't be enjoined.

The AHF entered into evidence Exhibit I, which includes a CBS article on the sentencing of Mr. Marcus for knowingly exposing at least two adult performers to syphilis.

The longtime adult male performer, who must serve 15 days of community service and three years of probation as a result of the exposure, received a penicillin shot after testing positive for syphilis during screening before he was to make a film last July.

Following a second screening, the Los Angeles City Attorney's Office said Mr. Marcus continued to test positive for syphilis and altered a performer test-result form by obscuring the result on a photocopy. Mr. Marcus then returned to work, participating in two adult movie shoots.

In a concurrent motion to the opposition to Vivid's motion for preliminary injunction, the AHF asked the court to take judicial notice of the CBS article on Mr. Marcus, as well as other documents, including a letter from Cal/OSHA officials on the agency's position over film permits for adult producers, copies of various  state and county laws and ordinances and a letter from county Public Health Director Dr. Jonathan Fielding to each county supervisor regarding the adult film industry.

In its opposition to Vivid's motion for preliminary injunction over Measure B enforcement, the AHF said that the voter-approved county ordinance does not regulate the content of films that may be shown in Los Angeles County.

"Therefore, there is no expressive harm stemming from Measure B," the AHF said in the motion. "The only 'harms' from Measure B are the alleged monetary costs to a filmmaker in complying with Measure B and/or with moving his production outside of Los Angeles County. This 'harm' is far outweighed by the harms to the residents of Los Angeles County should Measure B be enjoined. Should Measure B be enjoined, an effective method of preventing STD infection also will be enjoined, which will have a deleterious impact on public health.  

"Despite plaintiffs’ cavalier attitude that the current rate of STD infection is somehow acceptable the general public has an interest in the health of [city and county] residents and workers," the AHF said. "A preliminary injunction of Measure B would absolutely have a negative impact on the public interest in its own health, and public health in general. Moreover, plaintiffs’ claimed attempts at 'self regulation' and 'voluntary compliance'  to protect against STI exposure have not been successful."

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.

U.S. District Judge Dean Pregerson plans to hear a motion to dismiss the case and motions for and against preliminary injunction on July 1 at federal court in Los Angeles.

View AHF's exhibits for judicial notice

Related:  

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

Chloe Amour Toplines Latest 'Hardcore Anal Superstars' From Hard X

Chloe Amour headlines the fourth volume of "Hardcore Anal Superstars" from XEmpire studio brand Hard X.

Honey's Place Launches Revamped B2B Website

Pleasure product retailer Honey's Place has launched an updated website for wholesalers at HoneysPlace.com.

Creator of Hentaied, Parasited Launches New Site 'Vampired'

Romero Mr. Alien, the creator of Parasited and Hentaied, has launched Vampired.com as both a stand-alone paysite and part of the Hentaied.Pro streaming platform.

Australian eSafety Commissioner Demands Stricter Child Protection Codes

Australia’s online safety regulator, eSafety, is once again reviewing a “final” draft of industry codes to protect children from pornography and other age-inappropriate content, after eSafety Commissioner Julie Inman Grant rejected the previously announced “final” codes as insufficiently stringent.

Liz Flynt Debuts 'Hustler: 50 Years of Freedom' Book

Liz Flynt has released her new retrospective book, “Hustler: 50 Years of Freedom.”

Cubbi Thompson: On a Wild Ride All Her Own

How do you relax after a hard day’s work? A) Sprawl on the couch, B) Soak in the tub, or C) Head straight for the nearest theme park and jump on the roller coaster.

Nerdgasm: A Look at the Naughty Side of Pop Culture Geekdom

From “Call of Duty” to cosplay, from tabletop dice rolls to dungeon-inspired dirty talk, the worlds of geek fandom and fantasy are no longer confined to the basement. They’ve kicked down the door, shed the “Firefly” tee and gone full frontal.

Kyrgyzstan Parliament Moves to Outlaw Internet Pornography

A parliamentary committee of the Supreme Council of Kyrgyzstan on Tuesday approved a measure to outlaw online adult content in the country.

Elizabeth Skylar, Selena Ivy Topline 'My Friend's Lesbian Daughter 4'

Elizabeth Skylar and Selena Ivy headline the latest release from Girlfriends Films, titled “My Friend's Lesbian Daughter 4.”

Sweden Bans Purchase of 'Remote' Sexual Services

The Riksdag, Sweden’s parliament, has approved a proposal to criminalize purchasing sexual services performed remotely by streamers and custom content creators.

Show More