Judge Rules AHF Can Continue as Intervenor in Measure B Suit

LOS ANGELES — The AIDS Healthcare Foundation can continue as intervenors in Vivid Entertainment’s legal fight to stay enforcement of Measure B, a federal judge ruled on Friday.

U.S. District Judge Dean Pregerson, in his order denying Vivid’s motion for reconsideration to knock AHF off the case, said that he disagreed with Vivid’s claim that the U.S. Supreme Court in Hollingsworth vs. Perry requires intervenors to show they have standing independent of the actual defendants in case, Los Angeles County.

Vivid and co-plaintiffs Kayden Kross and Logan Pierce filed their suit in January at U.S. District Court in Los Angeles, seeking to topple Los Angeles County's Safer Sex in the Adult Film Industry Act, which was approved by voters in November. The AHF was the sole sponsor of Measure B.      

Pregerson earlier this year granted AHF's motion to intervene based on the 9th U.S. Circuit Court of Appeals case Hollingsworth.

That ruling held that opponents of gay marriage behind California's 2008 Proposition 8 effort had the constitutional authority, or standing, to defend the law in federal courts after the state refused to appeal its loss at trial years earlier.

But the U.S. Supreme Court in June overturned the 9th Circuit’s Hollingsworth decision, and Vivid asked Pregerson to disqualify the AHF as intervenors.

On Friday, Pregerson denied Vivid’s motion, ruling that the U.S. Supreme Court decision “implicitly approved of the framework currently at issue” because it left the district court’s decision intact in the Hollingsworth ruling.

“At the district court level, intervention by initiative proponents is proper when the government is enforcing the initiative but refuses to defend it, regardless of whether the intervenors have standing independent of the government defendants,” Pregerson wrote.

“Additionally, as the [U.S. Supreme Court] order recognized, 9th Circuit precedent, though somewhat ambiguous, generally indicates that intervenors are not required to demonstrate Article III standing independent of the defendants,” he wrote.

(Article III allows only an entity or individual who has suffered injury itself or himself to bring a case or appeal in federal court.)

“Thus, unless [the Hollingsworth decision] undercut the theory or reasoning underlying the prior circuit precedent in such a way that the cases are clearly irreconcilable, the court must follow the 9th Circuit precedent,” he ruled.

Pregerson in his decision also said that denying intervention in this case would upend one of the key purposes of standing doctrine.

“One reason standing is required is to ‘sharpen the presentation of issues upon which the court so largely depends for illumination of difficult ... questions,’” he wrote.

“Even without intervenors, there would still be standing to resolve this case because the county is enforcing Measure B," he wrote. "Because the defendants refuse to defend Measure B’s constitutionality, Interveners are needed to sharpen the issues this court will be required to answer.”

Separately, Pregerson said that the court will take up Vivid’s motion for judgment on pleadings on Sept. 9

View ruling on motion

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

VMG's WIFEY Imprint Name-Dropped on 'The View'

New Vixen Media Group (VMG) studio imprint WIFEY was recently brought up on the long-running ABC daytime talk show "The View."

Shay Sights, Reagan Foxx Reunite in Latest Installment of 'Mommy's Girl'

Shay Sights reunites with 2023 XMAs MILF Performer of the Year Reagan Foxx in the installment of the Girlsway series “Mommy’s Girl,” titled “Discipline Dilemma,” alongside Demi Hawks.

Pineapple Support Marks 7th Anniversary

Pineapple Support is marking its seventh anniversary by citing its accomplishments and noting its challenges.

'Over the Top' North Carolina Bill Could Play Havoc With Adult Sites

A bill filed in the North Carolina state Assembly on Monday would impose new rules that industry observers warn could push adult websites and platforms to ban most adult creators and content.

Ike Diezel on His Directing Style, Making Performers Feel Safe and Finding Community in Jiu-Jitsu

As a director, you can count on Ike Diezel to be prepared. The night before a shoot, Diezel makes sure his lenses are clean, his batteries are charged, his memory cards are formatted — and that he has enough douches for his performers, having already touched base with their agents the day before.

Swedish Government Proposes Ban on Purchasing 'Remote' Sexual Services

The Swedish government has asked the country’s Parliament to amend Swedish law so that current laws against purchasing sexual services would also apply to acts performed remotely by cammers, streamers and custom content creators.

Adult Time Drops 1st 'Mommy's Boy' Feature 'The Fucket List'

Adult Time has premiered the first feature from its "Mommy's Boy" channel, titled "The Fucket List."

PASS Announces New Membership Program for All Adult Industry Workers

Performer Availability Screening Services (PASS) has announced a new membership program for all sectors of the adult industry.

Scarlett Venom Stars in Latest From MYLF

Scarlett Venom stars with Will Pounder in the latest installment of MYLF series "MomDrips," titled “Her Husband Likes to Watch.”

Jewelz Blu, Stripchat to Host XSIV Magazine Launch Party

2025 XMAs winner Jewelz Blu will host an invite-only launch party for the Music issue of XSIV Magazine at Stripchat XSIV House on April 19.

Show More