Vivid Appeals Measure B Order to 9th Circuit

Aug 20, 2013 10:00 AM PST

SAN FRANCISCO — Vivid Entertainment and adult performers Kayden Kross and Logan Pierce on Monday appealed last week's order that left intact the guts of Measure B, the Safer Sex in Adult Industry Act.

The appeal was filed with the 9th U.S. Circuit Court of Appeals on Monday.

On Friday, U.S. District Judge Dean Pregerson denied Vivid's motion for preliminary injunction in part and denied the AIDS Healthcare Foundation’s motion in part to dismiss the case.

Pregerson's 34-page ruling on Friday vacated Vivid’s motion for judgment on the pleadings and denied a preliminary injunction over Measure B, but he gave the studio some other wins that likely would make it hard for Los Angeles County to enforce the ordinance.

Measure B requires adult entertainment performers in Los Angeles County to take bloodborne pathogen training to reduce the spread of sexually transmitted diseases, and pay a fee to the county's Public Health department for a film permit.

Permits may be revoked if performers or producers violate the law.

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