Vivid Files Measure B Reply Brief to 9th Circuit

LOS ANGELES — Vivid Entertainment attorneys once again filed court papers with the 9th U.S. Circuit Court of Appeals seeking for the court to dump the district court's earlier finding over its request for a preliminary injunction and toss the AIDS Healthcare Foundation as intervenors in the appeal.

Vivid's 26-page reply brief, filed Friday in response to a previous AHF brief, put an emphasis on the porn studio's contention that the AHF shouldn't be allowed as intervenors in an action where there already is a defendant.

Measure B was passed almost one year ago — Nov. 6, 2012 — by voters, who green lighted the “Safer Sex in the Adult Film Industry Act” that requires the use of condoms in the production of adult movies in Los Angeles County.

"It is not as though there is no defendant or appellee in this case —  [Los Angeles] County, et al., are proper party defendants/appellees," Vivid attorneys argued. "That the county has opted not to raise arguments, [the AHF wishes] to see put forward is not sufficient to grant party status to those who lack an interest undifferentiated from any other member of the general public.

"Indeed, the county filed an answer and issued a letter saying it was authorized to 'take appropriate measures to enforce' Measure B," Vivid attorneys said.

Vivid also pointed to the assertion by the AHF that that portions of Measure B are “severable," contrary to what AHF claims. The district court held that the licensing requirements of Measure B operates as a prior restraint that generally lacks procedural safeguards is in most respects not narrowly tailored and gives the county unbridled discretion, Vivid attorneys said.

"[The district court] upheld certain portions of Measure B only after revising its definitions and substantive reach," Vivid attorneys said. "This plainly violates the rule that courts cannot  rewrite a … law conform it to constitutional requirements.”

"This court recently recognized that the doctrine of severability is 'inapplicable' where a 'provision encompasses both valid and invalid restrictions of free speech and its language is such that a court cannot reasonably undertake to eliminate its invalid operation by severance or construction," said Vivid attorneys, citing a 1968 9th Circuit ruling, Acosta vs. City of Costa Mesa. "[T]he remnants of Measure B that the district court preserved do  not satisfy the test for severability, which under California law requires the text severed to be “volitionally, grammatically and functionally severable.”

It is unclear any time frame the 9th Circuit will render a decision on Vivid's appeal.

Vivid, along with co-plaintiffs Kayden Kross and Logan Pierce, filed an appeal with the 9th Circuit in September after they were denied a preliminary injunction over Measure B  by U.S. District Court Judge Dean Pregerson in Los Angeles. 

View brief

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

Lumi Ray Performs 1st DP in Latest From Bellesa Plus

Lumi Ray has performed her first DP alongside Dante Colle and Small Hands in the new release from Bellesa Plus, titled “The Game.”

Vixen, Julmodels to Celebrate Vixen's 10th Anniversary With 'Club Vixen' Party at XBIZ Amsterdam

LOS ANGELES – Vixen Media Group (VMG) and premier European talent agency Julmodels will once again join forces to host Club Vixen at XBIZ Amsterdam on the evening of Sept. 10. This year, the party marks a milestone occasion: the 10th anniversary of VMG’s flagship brand Vixen.

Anissa Kate Fronts Latest From Pervz

Anissa Kate stars with Arin Jones in the latest release from Pervz series “PervTherapy.”

Violet Myers, Rissa May Lead 3rd Installment of 'Equilibrium' From Deeper

Multi-XMAs winner Violet Myers and Rissa May star with Jason Luv in the third installment of Vixen Media Group studio imprint Deeper’s fantasy feature “Equilibrium.”

Elegant Angel Showcase 'Tanya Tate Is MILFWoman' Premieres

Tanya Tate takes on the role of "MILFwoman" in the latest Elegant Angel showcase series.

Richard Mann Drops New Evil Angel Scene With Alexandra Quintezz

Alexandra Quintezz stars in an Evil Angel scene alongside Sir Goldey and director/performer Richard Mann.

Vixen Media Group Debuts 3rd Season of Cross-Site Series 'Hotel Vixen'

Vixen Media Group (VMG) has launched the third season of its cross-site, Caribbean-set series "Hotel Vixen," with scenes presented by its studio websites Vixen, Blacked, and Tushy.

Blake Blossom, Kate Dalia Topline 'Lesbian Trainer 4' From Sweetheart Video

Blake Blossom and Kate Dalia headline the fourth volume of “Lesbian Trainer” from Mile High Media studio imprint Sweetheart Video.

Jonni Darkko Directs New Kianna Dior Showcase

Evil Angel has released Jonni Darkko’s latest showcase, "Kianna Dior Busty Cum Slut 12."

Martina Smeraldi Makes Her Bellesa Plus Debut

Martina Smeraldi has made her Bellesa Plus debut alongside Christian Clay and reigning three-time XMAs Male Performer of the Year Vince Karter in the studio’s latest release, “The Pilots.”

Show More