Wednesday, November 6, 2013

Why We Shouldn't Shoot All Of The Lawyers: VIVID's Counterbrief Response To AHF's Defense Of Measure B

To set this up right: VIVID, along with co-plantiffs Derrick Pierce and Kayden Kross, is attempting to appeal the preliminary ruling in the still ongoing Measure B appeal, in which Judge Dean Pregerson set aside certain portions of the law while upholding the main parts requiring condoms for porn shoots. They are also attempting to disqualify the AIDS Healthcare Foundation as a "putative intervenor" on behalf of the law. AHF had earlier filed their own brief defending the law; linkage to that brief can be found here. (Mark Kernes' excellent breakdown of AHF's brief is here.) This brief is the plantiffs' response to AHF's brief....and as you will see, it stands on its own for its full fledged takedown of AHF's arguments and of Measure B in general.

1 comment:

  1. That's some nice lawyering to be sure, but there's an element of shooting fish in a barrel to the whole case at this point. Now we're in federal appellate court where judges must rule on the basis of precedents set in federal law. As the folks from Utah found out in their attempt to enlist The Supreme Court in their campaign against the dread peril of same-sex marriage, unless you're personally and directly impacted by a matter of law, you have zero standing to challenge it.

    And what standing does AHF have in this case? Are they porn performers? Do they have sex with porn performers? Does the current set of industry standards in porn constitute a direct hazard to the general public and specifically to AHF?

    The answers to those questions would be "no." Clearly, AHF has recognized this in their attempt to redefine themselves as "interested parties" rather than "interveners" in this litigation, which is pretty much running up the white flag.

    In fact, the usually voluble Mr. Weinstein seems to have fallen pretty silent on the whole issue of porn of late. Haven't seen him in a public appearance related to Measure B in weeks. Might this have something to do with the strange run of bad luck AHF has experienced since going out of its way to piss off the county board of supervisors, easily the most powerful political entity in these parts? Might the sudden investigation into multi-million-dollar Medicaid fraud and the staff upheaval in AHF's own ranks be somehow related to Weinstein's attempts to bully the entire county into doing his bidding?

    Bet on it.

    When the feds kick Measure B down the courthouse steps, watch Weinstein make a bold declaration of AHF's total commitment to fighting on to the last breath on this issue and then making a quick exit to try and get his own house back in order.

    This little drama is about over and those who bet the wrong side are going to look pretty foolish when things return to business as usual, which I figured they would all along.