Vivid, AHF Reach Settlement in Measure B Legal Battle

Vivid, AHF Reach Settlement in Measure B Legal Battle

LOS ANGELES — A settlement has been reached in Vivid Entertainment’s federal lawsuit over Los Angeles County’s Measure B.

On Thursday, Vivid attorneys and counsel for intervenors in the suit, the AIDS Healthcare Foundation, told a magistrate judge that they have reached a deal to end their long-running legal battle over porn production requirements.

Details of the Measure B settlement have not been publicly revealed; however terms of the agreement will be subject to approval by the Los Angeles County Board of Supervisors. A hearing date for approval hasn’t yet been made.

The long-running case has its roots in a 2012 ballot measure, titled the County of Los Angeles Safer Sex in the Adult Film Industry Act and sponsored by the AHF, that received the green light from voters.

The measure requires porn performers to wear condoms in all vaginal and anal sex scenes shot in Los Angeles County and forces porn producers to pay an annual fee to the county's Department of Public Health. In addition, all performers and workers on the set also are required to undergo bloodborne pathogen training.

In January 2013,Vivid, one of porn’s most prolific studios, filed a lawsuit against the Los Angeles County and its Public Health department claiming that the measure violated performers’ rights to free speech and expression. The lawsuit included as co-plaintiffs porn performers Kayden Kross and Logan Pierce.

Seven months later, Pregerson struck down portions of the law, including a $2,000 to $2,500 permit fee, but upheld the constitutionality of requiring condoms in adult films and any fee that was “revenue neutral” to cover enforcement costs. Pregerson also denied Vivid’s motion for preliminary injunction.

Vivid appealed Pregerson’s ruling that upheld the measure, and in December 2014 the 9th U.S. Circuit Court of Appeals affirmed the federal jurist’s order denying a motion to overturn the ordinance.

The 9th Circuit, however, held that Pregerson did not abuse his discretion in declining to enjoin the enforcement of Measure B’s condom mandate.

The case was sent back to the lower court to adjudicate Vivid’s claim that its First and Fourth Amendment rights were violated with Measure B.

Vivid all along has claimed that Measure B inhibits the studio’s desire to freely express unprotected sex in the actual making of the film in order to realize its artistic vision; performers are consenting adults and may choose to have sex in the workplace in the manner in which they please; and that the adult film industry takes adequate steps to protect its performers from sexually transmitted infections so no one else should protect them.

But Vivid’s claim that the adult industry already takes adequate steps to protect its performers from STIs, making Measure B unnecessary, became ammunition for AHF President Michael Weinstein and the AHF.

Weinstein and the AHF, the intervenors in the suit, served a subpoena on the performer testing clinic Cutting Edge Testing, a clinic used mostly used by performers signed up in the Free Speech Coalition’s PASS system, for all documents relating to STI test results.

Weinstein sought two categories of documents in discovery: All information uploaded by CET to the PASS system and adult performers’ test results for the past five years.

However, the AHF, as intervenors in the suit, asked the court to impose sanctions against the FSC for not disclosing the information without the protective order.

Meanwhile, Vivid attorneys claimed a misuse of discovery, claiming that “Weinstein is harassing a non-party (e.g.: by seeking to publicly disclose membership lists) in order to support his ‘war of attrition’ against FSC and its members."

The parties were scheduled to meet in court today over the motions to compel depositions and further responses from the FSC, but the hearing was vacated on Thursday.

In a status hearing on Thursday before U.S. Magistrate Judge Alicia Rosenberg, the parties said they had settled the case. With that news in hand, Rosenberger gave them until March 31 to hammer out and finalize the agreement.

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

Former IEAU Officer Sentenced to 4 Months

Amanda Gullesserian, who performed in the industry under the name Phyllisha Anne and founded the now-defunct International Entertainment Adult Union (IEAU), has been sentenced to four months’ imprisonment for making a false statement in an IEAU federal financial report.

Sky Wonderland, Melody Marks Front Latest From Blacked Raw

Sky Wonderland and Melody Marks star with Sheem in the latest release from Vixen Media Group (VMG) studio imprint Blacked Raw.

2026 XBIZ LA Conference Schedule Announced

XBIZ is pleased to announce the release of the full show schedule for the XBIZ 2026 conference, set to take place Jan. 12-15 at the Kimpton Everly Hotel in Hollywood.

Needemand Joins ASACP as Corporate Sponsor

French startup company Needemand has signed on as the latest corporate sponsor for Association of Sites Advocating Child Protection (ASACP).

Grooby Kicks Off 30th Anniversary With Aubrey Kate Return

Two-time XMAs Trans Performer of the Year Aubrey Kate returns to Grooby for the first time since 2017, starring alongside Chris Epic to mark the commencement of the studio’s 30th anniversary year.

Octavia Red Stars in 'No Need for Men' From Futanari XXX

Octavia Red stars with Ava Amira in “No Need for Men Pt. 1,” from Futanari XXX, directed by studio honcho Romero.

Sofie Marie Fronts Latest From MYLF

Sofie Marie stars with Gunnar Bishop in the latest release from MYLF.

Penny Barber Stars in Latest Episode of 'Mommy's Boy'

Reigning XMAs MILF Performer of the Year Penny Barber stars with Emma Rosie and Axel Haze in the latest episode of Adult Time series “Mommy’s Boy,” titled “A Family That Nudes Together, Stays Together.”

Utah State Legislator Proposes New 'Porn Tax'

A Utah state senator introduced a bill on Monday that would impose a 7% tax on the gross receipts of adult websites doing business in that state, plus require adult sites to pay an annual $500 fee.

'Fan Fav' XMA Award Categories to Be Presented at X3 Expo

In a move sure to electrify fans and creators alike, fan passion will take center stage Saturday, Jan. 17, when the winners of the 2026 XMA Fan Favorite categories are revealed, transforming the closing night of X3 Expo into the event’s most buzzworthy moment.

Show More