AHF Brings Up Mr. Marcus in Measure B Legal Brief

LOS ANGELES — The AIDS Healthcare Foundation, in its opposition to Vivid Entertainment's motion for preliminary injunction over Measure B enforcement, claims that the adult entertainment industry can't regulate itself and that voluntary compliance to protect against STI exposure has not been successful.

Granted intervenor status in Vivid's suit against Los Angeles County, the AHF in a court filing this week pointed to news involving Mr. Marcus as one example of why Measure B enforcement shouldn't be enjoined.

The AHF entered into evidence Exhibit I, which includes a CBS article on the sentencing of Mr. Marcus for knowingly exposing at least two adult performers to syphilis.

The longtime adult male performer, who must serve 15 days of community service and three years of probation as a result of the exposure, received a penicillin shot after testing positive for syphilis during screening before he was to make a film last July.

Following a second screening, the Los Angeles City Attorney's Office said Mr. Marcus continued to test positive for syphilis and altered a performer test-result form by obscuring the result on a photocopy. Mr. Marcus then returned to work, participating in two adult movie shoots.

In a concurrent motion to the opposition to Vivid's motion for preliminary injunction, the AHF asked the court to take judicial notice of the CBS article on Mr. Marcus, as well as other documents, including a letter from Cal/OSHA officials on the agency's position over film permits for adult producers, copies of various  state and county laws and ordinances and a letter from county Public Health Director Dr. Jonathan Fielding to each county supervisor regarding the adult film industry.

In its opposition to Vivid's motion for preliminary injunction over Measure B enforcement, the AHF said that the voter-approved county ordinance does not regulate the content of films that may be shown in Los Angeles County.

"Therefore, there is no expressive harm stemming from Measure B," the AHF said in the motion. "The only 'harms' from Measure B are the alleged monetary costs to a filmmaker in complying with Measure B and/or with moving his production outside of Los Angeles County. This 'harm' is far outweighed by the harms to the residents of Los Angeles County should Measure B be enjoined. Should Measure B be enjoined, an effective method of preventing STD infection also will be enjoined, which will have a deleterious impact on public health.  

"Despite plaintiffs’ cavalier attitude that the current rate of STD infection is somehow acceptable the general public has an interest in the health of [city and county] residents and workers," the AHF said. "A preliminary injunction of Measure B would absolutely have a negative impact on the public interest in its own health, and public health in general. Moreover, plaintiffs’ claimed attempts at 'self regulation' and 'voluntary compliance'  to protect against STI exposure have not been successful."

Vivid and two adult performers, Kayden Kross and Logan Pierce, filed their suit in January at U.S. District Court in Los Angeles to seek injunctive relief over enforcement of Measure B, Los Angeles County's Safer Sex in the Adult Film Industry Act.

U.S. District Judge Dean Pregerson plans to hear a motion to dismiss the case and motions for and against preliminary injunction on July 1 at federal court in Los Angeles.

View AHF's exhibits for judicial notice

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

Kylie LeBeau Stars in Latest From Hookup Hotshot

Kylie LeBeau stars with Bryan Gozzling in the latest release from Hookup Hotshot.

Avery Lust, Nina White Star in Latest From GenderX

Avery Lust and Nina White star with Sage Roux in the latest release from GenderX, titled "E-Games."

FSC Announces Support for North Dakota Age Verification Bill

The Free Speech Coalition (FSC) has announced its support for SB 2380, North Dakota's new age verification bill.

Blake Blossom Toplines 'Instant Chemistry' From Sex on Sight

Blake Blossom headlines “Instant Chemistry,” the latest release from Mile High Media studio imprint Sex on Sight.

Oklahoma State Senator Introduces Bill to Criminalize All Porn, Jail Creators

Oklahoma Senator Dusty Deevers has introduced a bill that would criminalize all adult content and authorize the state to imprison those who create or view it.

Kendra Sunderland Makes Her Anal Debut for Tushy

Kendra Sunderland has performed her first anal scene alongside Hollywood Cash for Vixen Media Group (VMG) studio imprint TUSHY, in a scene directed by Derek Dozer.

Polly Yangs Stars in Latest From Immoral Productions

Polly Yangs performs her first B/B/B/G in a new trilogy alongside Matt Bird, Dean Van Damme, and studio honcho “Porno Dan” Leal.

Hailey Rose Stars in Latest From New Sensations

Hailey Rose stars with Max Fills in the latest release from New Sensations.

2025 TEAs Nominees Announced

Nominees for the 2025 Trans Erotica Awards (TEAs), presented by Pornhub, have been announced. The ceremony will take place at the Avalon in Hollywood on Sunday, March 9.

Anna Claire Clouds Stars in Latest From Erotica X

Newly crowned XMAs Female Performer of the Year Anna Claire Clouds stars with Vince Karter in the latest release from XEmpire studio brand Erotica X, titled “Made For Each Other.”

Show More