Alleging “extensive” risks to “Public Health,” AHF brings its fear mongering circus to the 9th Circuit Court of Appeals. Naturally, AHF neglects to mention that the STD cases it cites in its answering brief, those of Mr. Marcus and Cameron Bay, did not result in any known on-set transmissions. — [ED]
LOS ANGELES — The AIDS Healthcare Foundation on Friday filed an answering brief with the 9th U.S. Circuit Court of Appeals seeking to affirm a lower court’s denial of a preliminary injunction over Measure B.
The AHF, currently acting as intervenor defendants-appellees, argued in its 48-page brief that the Los Angeles County voter-approved “Safer Sex in the Adult Film Industry Act” is appropriate because the “rate of infection is abnormally and extraordinarily high” in the adult entertainment industry, among other claims.
The group also contends in the brief that Measure B is no more onerous than other permitting processes that regulate the production of commercial films in the county, including conditions required when filmmakers use pyrotechnics for special effects.
To drive its point home over rates of infections in the adult film production business as well as industry reaction to infection scares, the AHF submitted a supplemental brief asking for the court to consider.
In the brief, which seeks judicial notice, the AHF points to three articles on “pertinent events” in the porn biz during the pendency of the appeal: A Los Angeles Times piece on Cameron Bay‘s HIV result and adult industry action; a KPCC-FM article on the Free Speech Coalition lifting the second production moratorium in September; and a CBS/Associated Press news story on Mr. Marcus sentenced to jail for knowingly exposing fellow performers to syphilis.
Last week, Vivid Entertainment attorneys filed court papers with appeals court asking the court to dismiss the AHF as intervenors in the studio’s appeal to effectively stop enforcement of Measure B.
Vivid, along with co-plaintiffs Kayden Kross and Logan Pierce, filed an appeal with the 9th Circuit last month after they were denied a preliminary injunction over Measure B by U.S. District Court Judge Dean Pregerson.
Mark Kernes’ coverage at AVN nails the point alluded to in the opening paragraph, above.
“[AHF’s] skewed perspective on performers’ exposure to HIV and STDs while filming adult movies [is] clearly intended to prejudice the Ninth Circuit panel into allowing AHF to remain in the case by suggesting that if it isn’t allowed to stay, STDs will run rampant in Los Angeles County.”
http://business.avn.com/articles/legal/AHF-Seeking-to-Remain-in-Vivid-Lawsuit-Files-Answer-Brief-533903.html