Judge Grants AHF Motion to Intervene in ‘Vivid v Fielding’

LOS ANGELES—As anticipated, United States District Court Judge Dean D. Pregerson has granted a motion by the AIDS Healthcare Foundation to intervene in Vivid v Fielding, the case brought by Vivid Entertainment and other plaintiffs against Dr. Jonathan Fielding, the Director of the Los Angeles County Department of Public Health, and other defendants challenging the constitutionality of Measure B, the law that would prohibit skin-to-skin contact between adult performers having sex.

The ruling comes one day after a hearing called by Judge Pregerson to discuss the issues pertaining to AHF’s motion to intervene, which were covered by AVN Legal Editor Mark Kernes.

In the end, Judge Pregerson was swayed by the argument that minus AHF’s participation in the case, a sufficient defense protecting its interests will be lacking. It was the only criteria of four required of the intervening party that was challenged by the plaintiffs, whose arguments did not convince the judge.

“The court finds that Defendants’ clear statement that it does not intend to defend Measure B in this litigation is sufficient to indicate that they are not adequately representing Proposed Intervenors’ interests,” he wrote. “Insofar as Defendants have indicated that they do not intend to make arguments in support of the constitutionality and other validity of the Measure, there is a clear indication of their inadequate representation of the interests of Proposed Intervenors. Because Defendants decline to defend the Measure substantively, Proposed Intervenors will offer an element to the proceedings that would otherwise be neglected, namely, a full defense of the constitutionality and validity of the Measure.”

Judge Pregerson’s Order can be read here.