Oral Arguments Slated for Measure B, Ira Isaacs Appeals

Rhett Pardon

SAN FRANCISCO — The 9th U.S. Circuit Court of Appeals today gave notice to parties involved in appeals over condom ordinance Measure B and the obscenity convictions of fetish film distributor Ira Isaacs that it has calendared oral arguments in March for each of the cases.

Vivid Entertainment's appeal will be heard on Monday, March 3, at 9:30 a.m.; Isaacs' appeal will be heard Wednesday, March 5, at 9 a.m. Both cases will be heard at the 9th Circuit's courthouse in Pasadena, Calif.

In both cases, each side will be allowed 15 minutes of argument time.

Vivid Entertainment attorneys are seeking for the 9th Circuit to dump the district court's earlier finding over its request for a preliminary injunction over Measure B and toss the AIDS Healthcare Foundation as intervenors in the appeal.

Measure B was passed more than one year ago 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.

Isaacs is appealing obscenity convictions, asking the court to decide whether the district court erred in ruling that he could not testify that his movies had serious artistic merit, as well as errors by restricting his attorney’s closing argument, among other challenges.

Isaacs was found guilty in a third trial in April 2012 on five counts of violating federal obscenity laws over the mail distribution of "Mako’s First Time Scat, " "Hollywood Scat Amateurs #7," "Hollywood Scat Amateurs #10" and "Japanese Doggie 3 Way." Two earlier trials were declared mistrials.

Since the convictions, Isaacs has spent no time behind bars.

The 9th Circuit hears most cases in San Francisco, but travels to remote courthouses in Honolulu; Portland, Ore.; and Seattle, as well as Pasadena.

Video and audio recordings of both Isaacs' and Vivid's cases will be available one day after each of the oral arguments.