Vivid Files Notice of Appeal in Measure B Case

LOS ANGELES—Shortly after 6 p.m. today, counsel for Vivid Entertainment, LLC; Califa Productions, Inc.; Kayden Kross and Logan Pierce filed a Notice of Appeal with the U.S. District Court that the plaintiffs will be appealing several of Judge Dean D. Pregerson's rulings of the past two months, including but not limited to his decision to allow AIDS Healthcare Foundation (AHF) and some of its employees to remain as interveners in the case despite the U.S. Supreme Court's clear ruling on standing in Hollingsworth v. Perry, as well as his Order issued on July 16 which denied plaintiffs a temporary restraining order to prevent Measure B's mandatory condom requirement from taking effect.

"Our Notice of Appeal will challenge the few remaining parts of the statute that the judge has not enjoined, and he has enjoined much of the provisions including the funding," said First Amendment attorney Paul Cambria, who represents the plaintiffs. "Our appeal will also encompass the propriety of AHF as a party to the action."

Specifically, the Notice of Appeal states, "Notice is hereby given that Plaintiffs-Appellants Vivid Entertainment Group, Califa Productions, Inc., and Jane Doe and John Doe, also known professionally as, respectively, Kayden Kross and Logan Pierce, hereby appeal to the United States Court of Appeals for the Ninth Circuit from the Order Denying in Part and Granting in Part Interveners' Motion to Dismiss; Denying in Part and Granting in Part Plaintiffs' Motion for a Preliminary Injunction; and Vacating Plaintiffs' Motion for Preliminary Judgment On The Pleadings, entered in this case on August 16, 2013, and all interlocutory orders that gave rise to that Order."

While the actual lawsuit that was filed several months ago remains under Judge Pregerson's purview, the challenged rulings represent some crucial issues in the case; should the Ninth Circuit find, for example, that Judge Pregerson improperly allowed AHF and its employees to continue as interveners, the entire complexity of the case would change, and could lead to an early victory for plaintiffs.

The Notice of Appeal can be viewed here.

Check back with for further developments in this vitally important case.