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 © 2026 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

Playhaus Network Launches Podcast Platform Through PAYSITE

Entertainment website The Playhaus Network is launching its new podcast platform through PAYSITE.

Jesse Pony, Alexa Chains Headline Latest 'Hookup Hotshot: Internet Sex Addicts'

Jesse Pony and Alexa Chains topline the 13th volume of director Ryan Gozzling's "Hookup Hotshot: Internet Sex Addicts" for Evil Angel.

Codi Vore, Lani Rivers Star in Latest From Brazzers

Codi Vore and Lani Rivers star with Van Wylde in the latest release from Brazzers, titled "The Bar With the Best Rep."

Sportsheets Wins Trademark Infringement Case Against Copycat Website

The World Intellectual Property Organization (WIPO) has ruled in favor of adult brand Sportsheets in a case against a copycat website using an infringing domain.

Ravyn Alexa, Lexi Lore Star in Latest 'Lez Be Bad'

Ravyn Alexa and Lexi Lore star in the latest installment of the Adult Time series "Lez Be Bad," titled "After Hours Mess."

Director/Performer Mark Anthony Passes Away at 56

Veteran performer and director Mark Anthony has reportedly passed away at the age of 56.

Kylie Rocket, Derek Kage Cap AEBN's Top Stars for 3rd Quarter of 2026

AEBN has revealed its most popular performers in straight and gay theaters for the third quarter of 2026.

Lola Morango Makes Her Immoral Debut

Lola Morango has made her debut for Immoral Productions alongside Terry Banks, Matt Bird, and studio honcho "Porno Dan" Leal.

Leilani Li. Cali Sweets Star in Latest From TransAngels

Leilani Li and Cali Sweets star in the latest release from TransAngels, titled "Sorry I Fucked Your Sister."

Bellesa Plus Reveals Upcoming Reality Series Is Titled 'King or Cuck'

Bellesa Plus has revealed the title of its upcoming fan-competition reality series, "King or Cuck."

Show More