Adding AHF to Measure B Suit Would Prolong Case, Vivid Attorneys Say

LOS ANGELES — Vivid Entertainment attorneys filed court papers this week explaining why the AIDS Healthcare Foundation shouldn't be able to intervene in its lawsuit against Los Angeles County over implementation of Measure B.

AHF President Michael Weinstein earlier this month asked a federal judge to allow him and other proposed intervenors — AHF employees Marijane Jackson, Arlette De La Cruz, Mark McGrath and Whitney Engeran, as well as the AHF-funded Campaign Committee Yes on B — to intervene in Vivid's suit against the county.

The AHF group said in earlier court papers that it seeks to join the suit because of “significantly protectable interest.”

But on Monday, Vivid attorneys said in a court brief that by adding the AHF as an intervenor, "it would only prolong the case and raise unnecessary issues that are not essential to the merits" and that defendants in the case — Los Angeles County, county Public Health Director Jonathan Fielding and the district attorney — have consistently taken steps to implement, enforce and defend Measure B.

"Indeed, the defendants have chosen to defend Measure B in this action, and may be required to pay [Vivid's] attorneys fees if the challenge to Measure B succeeds," Vivid attorneys said. "Thus, there is no reason to believe that defendants will not mount a vigorous defense of Measure B."

The AHF, which spent $2 million to qualify Measure B on the Los Angeles County ballot, in earlier court papers said that they seek to join the suit because at least two Los Angeles County supervisors have been critical over Measure B and that two other county officials — the county counsel and the public health director — have voiced skepticism over whether the law passed by voters can be enforced.

Calling the AHF's proposed intervention both unnecessary and improper, Vivid attorneys also said that the group hasn't even established or addressed its standing in the case under Article III of the U.S. Constitution.

Under Article III, Rule 24, proposed intervenors must demonstrate an interest in this case that is “concrete and particularized” and “actual or imminent.”

"[The AHF argues] that because they put Measure B on the ballot and supported its passage by the voters, they have an interest in these proceedings," Vivid attorneys said. "[They] do not, however, point to any actual or imminent, concrete interest in Measure B, other than their desire to see it upheld and enforced.

"For example, there is no claim that any of the proposed intervenors are involved in the creation of adult films, or engage in intimate contact with individuals who work in the adult film industry, such that the work place safety or alleged public health concerns that Measure B purports to address directly affect them."

Vivid attorneys — Robert Corn-Revere, Paul Cambria and H. Louis Sirkin — pointed out that, as the U.S. Supreme Court held in an Arizona group's bid to make English the official language of the state, "a general interest in the proper application of the law 'will not do' for Article III standing."

Vivid is seeking injunctive relief over enforcement of Measure B, Los Angeles County's Safer Sex in the Adult Film Industry Act, which was approved by voters in November.

Vivid and two adult performers, Kayden Kross and Logan Pierce, filed their suit in January at U.S. District Court in Los Angeles.

U.S. District Judge Dean Pregerson will hear the AHF's motion to join the case on April 15.

View opposition to AHF's motion

Copyright © 2024 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

Connie Perignon Stars in Latest From Brazzers

Connie Perignon stars with Jordi El Nino Polla in the latest release from Brazzers, titled "The Sneaky Masseur."

Sinatra Monroe Has 'A Classy Affair' in Ricky's Room

Sinatra Monroe stars in the latest release from Ricky's Room, titled "A Classy Affair."

MojoHost Reaffirms Commitment to Adult Industry Amid Project 2025 Implications

In the wake of Tuesday's election and amid concerns about the possible ramifications for the adult industry, MojoHost President Brad Mitchell has releases a statement addressing Project 2025 and the future of the industy.

TeamSkeet Debuts New Series 'PervMassage'

Fanta Sie stars with Erick Everhard in the first episode of the new TeamSkeet series, “PervMassage."

Adult Web Hosting Service 'Midnight-Host' Launches

Midnight-Host, a new web hosting service designed specifically for adult websites, has launched.

ASN Lifestyle Magazine Joins Pineapple Support as Media Sponsor

ASN Lifestyle Magazine has joined the ranks of over 60 adult businesses and organizations committing funds and resources to Pineapple Support, partnering with the organization as a media sponsor.

Adult Industry Reacts to Trump Victory

On Tuesday, former President Donald Trump was reelected, defeating Vice President Kamala Harris to reclaim the office he lost four years ago.

Angel Windell, Katie Davis Headline Latest 'Lesbian Seductions'

Angel Windell and Katie Davis topline the 80th edition of “Lesbian Seductions,” from Girlfriends.

ERIKALUST Releases 'Texas Ride 'Em'

ERIKALUST has released its latest scene, “Texas Ride ‘Em.”

Ema Karter Makes Her Blacked Debut

Ema Karter has made her debut for Vixen Media Group (VMG) studio imprint Blacked, alongside Jax Slayher.

Show More