Judge Rules AHF Can Continue as Intervenor in Measure B Suit

LOS ANGELES — The AIDS Healthcare Foundation can continue as intervenors in Vivid Entertainment’s legal fight to stay enforcement of Measure B, a federal judge ruled on Friday.

U.S. District Judge Dean Pregerson, in his order denying Vivid’s motion for reconsideration to knock AHF off the case, said that he disagreed with Vivid’s claim that the U.S. Supreme Court in Hollingsworth vs. Perry requires intervenors to show they have standing independent of the actual defendants in case, Los Angeles County.

Vivid and co-plaintiffs Kayden Kross and Logan Pierce filed their suit in January at U.S. District Court in Los Angeles, seeking to topple Los Angeles County's Safer Sex in the Adult Film Industry Act, which was approved by voters in November. The AHF was the sole sponsor of Measure B.      

Pregerson earlier this year granted AHF's motion to intervene based on the 9th U.S. Circuit Court of Appeals case Hollingsworth.

That ruling held that opponents of gay marriage behind California's 2008 Proposition 8 effort had the constitutional authority, or standing, to defend the law in federal courts after the state refused to appeal its loss at trial years earlier.

But the U.S. Supreme Court in June overturned the 9th Circuit’s Hollingsworth decision, and Vivid asked Pregerson to disqualify the AHF as intervenors.

On Friday, Pregerson denied Vivid’s motion, ruling that the U.S. Supreme Court decision “implicitly approved of the framework currently at issue” because it left the district court’s decision intact in the Hollingsworth ruling.

“At the district court level, intervention by initiative proponents is proper when the government is enforcing the initiative but refuses to defend it, regardless of whether the intervenors have standing independent of the government defendants,” Pregerson wrote.

“Additionally, as the [U.S. Supreme Court] order recognized, 9th Circuit precedent, though somewhat ambiguous, generally indicates that intervenors are not required to demonstrate Article III standing independent of the defendants,” he wrote.

(Article III allows only an entity or individual who has suffered injury itself or himself to bring a case or appeal in federal court.)

“Thus, unless [the Hollingsworth decision] undercut the theory or reasoning underlying the prior circuit precedent in such a way that the cases are clearly irreconcilable, the court must follow the 9th Circuit precedent,” he ruled.

Pregerson in his decision also said that denying intervention in this case would upend one of the key purposes of standing doctrine.

“One reason standing is required is to ‘sharpen the presentation of issues upon which the court so largely depends for illumination of difficult ... questions,’” he wrote.

“Even without intervenors, there would still be standing to resolve this case because the county is enforcing Measure B," he wrote. "Because the defendants refuse to defend Measure B’s constitutionality, Interveners are needed to sharpen the issues this court will be required to answer.”

Separately, Pregerson said that the court will take up Vivid’s motion for judgment on pleadings on Sept. 9

View ruling on motion

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

Lyric Sky Returns to Brazzers

Lyric Sky stars with Lawson Jones in the latest release from Brazzers.

OurDream.ai Debuts New Porn Generator

OurDream.ai, an AI porn-generating platform, has launched an upgraded version of its AI engine.

Andie Anderson Makes Her MILFY Debut

Andie Anderson has made her debut for Vixen Media Group studio imprint MILFY, alongside Isiah Maxwell and Hollywood Cash.

AEBN Publishes Popular Searches by Country for February, March

AEBN has released the list of popular searches from its straight and gay theaters by country in February and March.

Peachy Alice Fronts Latest From Immoral Productions

Peachy Alice stars in a new trilogy from Immoral Productions, alongside Charlie Dean, Matt Bird, and studio honcho “Porno Dan” Leal.

Jessi Rae Signs Exclusive Contract With Vixen Media Group

Vixen Media Group (VMG) has signed Jessi Rae to an exclusive contract.

BranditScan Launches 'Referral Rush' Promo

BranditScan has launched its Referral Rush promotion for creators.

Pure Taboo Debuts Bree Mills Thriller 'The Party's Over'

Hazel Moore stars with Liz Jordan and Hailey Rose in the latest thriller from Pure Taboo, titled “The Party’s Over.”

Athena Heart Stars in Latest From TeamSkeet

Athena Heart stars with Jason Sarcinelli, Axel Haze, and Nick Strokes in the latest release from TeamSkeet.

Violet Myers, Valentina Nappi Star in Latest From Brazzers

2025 XMAs Premium Social Creator of the Year Violet Myers stars with Valentina Nappi and Ricky Johnson in the latest release from Brazzers, titled “V and V Share a Big D.”

Show More