LOS ANGELES—Vivid Entertainment and performers Kayden Kross and Logan Pierce issued a statement Thursday announcing that they will request the 9th Circuit Court of Appeals to accelerate the hearing of their appeal of recent U.S. District Court decisions regarding Measure B, which requires the use of condoms in the production of adult movies in Los Angeles County.
Vivid Entertainment and the two performers have filed a Notice of Appeal of several of U.S. District Judge Dean D. Pregerson's rulings regarding Measure B. Among the items they plan to appeal are Pregerson's decision to allow AIDS Healthcare Foundation (AHF) to remain as an intervener in the case, and his ruling on August 16 that denied the plaintiffs' request for a preliminary 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."
Steven Hirsch, co-founder and chairman of Vivid Entertainment, commented, "We will continue our first amendment fight for as long as it takes. We look forward to presenting our case and strongly believe that we will ultimately prevail.”
Vivid, Kross and Pierce are supported in their appeal by the Free Speech Coalition, said its chief executive officer, Diane Duke.