Case 2:13-cv-00190-DDP-AGR Document 21 Filed 02/27/13 Page 1 of 17 Page ID #:77

i PATRICIA L. GLASER -State Bar No. 55668 pglaser(a~glaserweil.com a JOEL N:KLEVENS -State Bar No. 45446 Jklevens(c~glaserweil.com 3 70HN LY -State Bar No. 247477 ~l~y laserweil.com 4 GL ~ER WEIL FINK JACOBS HOWARD AVCHEN & SHAPIRO LLP s 10250 Constellation Boulevard, 19th Floor Los Angeles, California 90067 6 Telephone: (310)553-3000 Facsimile: (310) 556-2920 Attorneysfor Defendants s UNITED STATES DISTRICT COURT
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CENTRAL DISTRICT OF CALIFORNIA io VIVID ENTERTAINMENT,LLC; CALIFA PRODUCTIONS,INC.; JANE is DOE a/k/a Kayden Kross; and JOHN DOE a/k/a Logan Pierce, Plaintiffs, v. >> CASE NO. CV 13-00190 DDP(AGI) Hon. Dean Pregerson DEFENDANTS' ANSWER TO PLAINTIFFS' COMPLAINT

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JONATHAN FIELDING, Director of Los Angeles County Department of Public Health, JACKIE LACEY,Los 1~ Ange~le~s Coun District Attorney, and COUNTY OF~OS ANGELES, is Defendants.
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DEFENDANTS' ANSWER TO COMPLAINT

Case 2:13-cv-00190-DDP-AGR Document 21 Filed 02/27/13 Page 2 of 17 Page ID #:78

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Defendants' Jonathan Fielding, Jackie Lacey, and County of Los Angeles, by

a and through counsel, answer Plaintiffs' Complaint for Declaratory and Injunctive
3 4 5 6

Relief as follows: Plaintiffs' Complaint presents important constitutional questions that require and warrant judicial determination. In a constitutional democracy, it is the role of the courts to determine and resolve such questions. To the extent that Plaintiffs have stated a justiciable controversy, setting forth federal constitutional challenges to the

s County of Los Angeles Safer Sex in the Adult Film Industry Act("Measure B"), it is 9 appropriate for the federal courts to determine and resolve those challenges. ~o Defendants encourage the Court to resolve the merits of this action expeditiously. ~i
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In response to each of the specific allegations in Plaintiffs' Complaint, Defendants respond as follows: INTRODUCTION 1. Answering paragraph 1 of the Complaint, Defendants admit that

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Plaintiffs have alleged that they seek to protect the First Amendment rights of

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i6 producers of sexually oriented films, to uphold the supremacy of the law of the State
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of California, and to protect the livelihoods ofthose who work in and around the adult

is film industry. As to all other allegations contained therein, Defendants contend that i9 said paragraph contains conclusions of law and not averments of fact to which an Zo answer may be required.
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2.

Answering paragraph 2 ofthe Complaint, Defendants admit that

Plaintiffs have filed a civil rights action for declaratory and injunctive relief that seeks to enjoin the enforcement of Measure B. As to all other allegations contained therein, Defendants contend that said paragraph contains conclusions of law and not

Zs averments of fact to which an answer may be required.

3.

Answering paragraph 3 of the Complaint, Defendants admit that

~ Measure B requires producers of adult films to pay a fee and obtain a permit that

Zs requires the completion of bloodborne pathogen training. Defendants further admit i

Case 2:13-cv-00190-DDP-AGR Document 21 Filed 02/27/13 Page 3 of 17 Page ID #:79

that Measure B allows for the revocation of the required permit. Defendants further admit that Measure B requires the use of condoms during the production of adult
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films. As to all other allegations contained therein, Defendants lack sufficient information or knowledge to enable them to answer the allegations contained in said

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each and every allegation contained in said paragraph. 4. Answering paragraph 4 ofthe Complaint, Defendants contend that said

s paragraph contains conclusions of law and not averments of fact to which an answer
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may be required. As to all other allegations contained therein, Defendants lack

to sufficient information or knowledge to enable them to answer the allegations

contained in said paragraph, and basing their denial on that ground, generally and specifically deny each and every allegation contained in said paragraph. 5. Answering paragraph 5 ofthe Complaint, Defendants contend that said

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paragraph contains conclusions of law and not averments of fact to which an answer may be required. As to all other allegations contained therein, Defendants lack sufficient information or knowledge to enable them to answer the allegations

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i~ contained in said paragraph, and basing their denial on that ground, generally and i8 specifically deny each and every allegation contained in said paragraph.
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6.

Answering paragraph 6 of the Complaint, Defendants lack sufficient

ao information or knowledge to enable them to answer the allegations contained in said

paragraph, and basing their denial on that ground, generally and specifically deny each and every allegation contained in said paragraph. 7. Answering paragraph 7 ofthe Complaint, Defendants lack sufficient

information or knowledge to enable them to answer the allegations contained in said paragraph, and basing their denial on that ground, generally and specifically deny each and every allegation contained in said paragraph. PARTIES 8. Answering paragraph 8 of the Complaint, Defendants lack sufficient
2 DEFENDANTS' ANSWER TO COMPLAINT

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Case 2:13-cv-00190-DDP-AGR Document 21 Filed 02/27/13 Page 4 of 17 Page ID #:80

information or knowledge to enable them to answer the allegations contained in said a paragraph, and basing their denial on that ground, generally and specifically deny
3 4 5 6

each and every allegation contained in said paragraph. 9. Answering paragraph 9 ofthe Complaint, Defendants lack sufficient

information or knowledge to enable them to answer the allegations contained in said paragraph, and basing their denial on that ground, generally and specifically deny each and every allegation contained in said paragraph.

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10.

Answering paragraph 10 ofthe Complaint, Defendants lack sufficient

information or knowledge to enable them to answer the allegations contained in said

io paragraph, and basing their denial on that ground, generally and specifically deny 11 each and every allegation contained in said paragraph.
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11.

Answering paragraph 11 of the Complaint, Defendants lack sufficient

information or knowledge to enable them to answer the allegations contained in said paragraph, and basing their denial on that ground, generally and specifically deny

is each and every allegation contained in said paragraph. 12. Answering paragraph 12 of the Complaint, Defendants admit that

~ Plaintiffs have alleged that they are suing Defendants in their official capacities only. 13. Answering paragraph 13 of the Complaint, Defendants admit the

~ allegations in the said paragraph. 14.

Answering paragraph 14 ofthe Complaint, Defendants admit that Dr.

Jonathan E. Fielding, MD,MPH,is the Director of the Los Angeles County

Za Department of Public Health ("Department of Public Health"). As to all other

allegations contained therein, Defendants lack sufficient information or knowledge to enable them to answer the allegations contained in said paragraph, and basing their denial on that ground, generally and specifically deny each and every allegation contained in said paragraph. 15. Answering paragraph 15 of the Complaint, Defendants admit that Jackie

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as Lacey is the Los Angeles County District Attorney, a public official of the County of
3 DEFENDANTS' ANSWER TO COMPLAINT 792787

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i Los Angeles. As to all other allegations contained therein, Defendants lack sufficient a information or knowledge to enable them to answer the allegations contained in said
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paragraph, and basing their denial on that ground, generally and specifically deny each and every allegation contained in said paragraph. In addition, Defendants

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responsibilities of District Attorney Lacey and no averments of fact to which an answer may be required.

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JURISDICTION AND VENUE 16. Answering paragraph 16 of the Complaint, Defendants contend that said

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17.

Answering paragraph 17 of the Complaint, Defendants contend that said

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paragraph contains conclusions of law and not averments of fact.to which an answer may be required. FACTUAL ALLEGATIONS 18. Answering paragraph 18 ofthe Complaint, Defendants contend that said

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19.

Answering paragraph 19 of the Complaint, Defendants lack sufficient

information or knowledge to enable them to answer the allegations contained in said

ai paragraph, and basing their denial on that ground, generally and specifically deny
22 23 24

each and every allegation contained in said paragraph. 20. Answering paragraph 20 of the Complaint, Defendants lack sufficient

information or knowledge to enable them to answer the allegations contained in said

Zs paragraph, and basing their denial on that ground, generally and specifically deny
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~ each and every allegation contained in said paragraph. 21. Answering paragraph 21 ofthe Complaint, Defendants lack sufficient

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Case 2:13-cv-00190-DDP-AGR Document 21 Filed 02/27/13 Page 6 of 17 Page ID #:82

paragraph, and basing their denial on that ground, generally and specifically deny each and every allegation contained in said paragraph. 22. Answering paragraph 22 ofthe Complaint, Defendants lack sufficient

information or knowledge to enable them to answer the allegations contained in said paragraph, and basing their denial on that ground, generally and specifically deny each and every allegation contained in said paragraph. 23. Answering paragraph 23 ofthe Complaint, Defendants lack sufficient

information or knowledge to enable them to answer the allegations contained in said paragraph, and basing their denial on that ground, generally and specifically deny
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each and every allegation contained in said paragraph. 24. Answering paragraph 24 ofthe Complaint, Defendants lack sufficient

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each and every allegation contained in said paragraph. 25. Answering paragraph 25 ofthe Complaint, Defendants lack sufficient

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information or knowledge to enable them to answer the allegations contained in said

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i ~ paragraph, and basing their denial on that ground, generally and specifically deny is each and every allegation contained in said paragraph.
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26.

Answering paragraph 26 of the Complaint, Defendants lack sufficient

Zo information or knowledge to enable them to answer the allegations contained in said ai paragraph, and basing their denial on that ground, generally and specifically deny as each and every allegation contained in said paragraph.
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27.

Answering paragraph 27 ofthe Complaint, Defendants lack sufficient

information or knowledge to enable them to answer the allegations contained in said

as paragraph, and basing their denial on that ground, generally and specifically deny
26

each and every allegation contained in said paragraph. 28. Answering paragraph 28 of the Complaint, Defendants lack sufficient

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Case 2:13-cv-00190-DDP-AGR Document 21 Filed 02/27/13 Page 7 of 17 Page ID #:83

paragraph, and basing their denial on that ground, generally and specifically deny each and every allegation contained in said paragraph. 29. Answering paragraph 29 of the Complaint, Defendants lack sufficient

information or knowledge to enable them to answer the allegations contained in said paragraph, and basing their denial on that ground, generally and specifically deny each and every allegation contained in said paragraph. 30. Answering paragraph 30 ofthe Complaint, Defendants lack sufficient

information or knowledge to enable them to answer the allegations contained in said paragraph, and basing their denial on that ground, generally and specifically deny ~o each and every allegation contained in said paragraph. ii
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31.

Answering paragraph 31 ofthe Complaint, Defendants lack sufficient

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information or knowledge to enable them to answer the allegations contained in said

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i3 paragraph, and basing their denial on that ground, generally and specifically deny is each and every allegation contained in said paragraph.

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32.

Answering paragraph 32 ofthe Complaint, Defendants contend that said

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contained in said paragraph, and basing their denial on that ground, generally and

Zo specifically deny each and every allegation contained in said paragraph. ai

33.

Answering paragraph 33 ofthe Complaint, Defendants contend that said

paragraph contains conclusions of law and not averments of fact to which an answer may be required. As to all other allegations contained therein, Defendants lack sufficient information or knowledge to enable them to answer the allegations

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specifically deny each and every allegation contained in said paragraph. 34. Answering Paragraph 34 of the Complaint, Defendants admit that

as California Labor Board Code section 142.3, subsection (a)(1), states that "The board
6 DEFENDANTS' ANSWER TO COMPLAINT
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shall be the only agency in the state authorized to adopt occupational safety and
2 3 4 5 6

health standards." Defendants further admit that Labor Code section 144.7 allows the "Standards Board" to adopt blood borne pathogen standards. Defendants further admit that Labor Code 142.3(a)(1), Labor Code 144.7, and Title 8, section 5193 of the California Code of Regulations are in writing and speak for themselves. As to all other allegations contained therein, Defendants lack sufficient information or knowledge to enable them to answer the allegations contained in said paragraph, and

s basing their denial on that ground, generally and specifically deny each and every
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allegation contained in said paragraph. 35. Answering paragraph 35 ofthe Complaint, Defendants contend that said

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contained in said paragraph, and basing their denial on that ground, generally and

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36.

Answering paragraph 36 of the Complaint, Defendants admit that

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Measure B was placed on the ballot in Los Angeles County in November 2012.

is Defendants further admit that Measure B was approved by a margin of 57% to 43% i9 by voters in the County of Los Angeles. Defendants also contend that said paragraph zo contains conclusions of law and not averments of fact to which an answer may be
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required. As to all other allegations contained therein, Defendants lack sufficient

Za information or knowledge to enable them to answer the allegations contained in said

paragraph, and basing their denial on that ground, generally and specifically deny each and every allegation contained in said paragraph. 37. Answering paragraph 37 of the Complaint, Defendants admit that

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Measure B states that "the production of sexually explicit adult films is legal in the State of California." Defendants further admit that Labor Code 142.3(a)(1), Labor

as Code 144.7, and Regulation 5193 are in writing and speak for themselves.
DEFENDANTS' ANSWER TO COMPLAINT
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i Defendants further admit that Measure B is in writing and speaks for itself. As to all
2 3 4

other allegations contained therein, Defendants lack sufficient information or knowledge to enable them to answer the allegations contained in said paragraph, and basing their denial on that ground, generally and specifically deny each and every

s allegation contained in said paragraph.

38.

Answering paragraph 38 ofthe Complaint, Defendants further admit that

Measure B is in writing and speaks for itself. As to all other allegations contained s therein, Defendants lack sufficient information or knowledge to enable them to
9

answer the allegations contained in said paragraph, and basing their denial on that

io ground, generally and specifically deny each and every allegation contained in said it paragraph. ~, ~, r --,~ ~a 39. Answering paragraph 39 of the Complaint, Defendants further admit that

i3 Measure B is in writing and speaks for itself. As to all other allegations contained i4 therein, Defendants lack sufficient information or knowledge to enable them to

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answer the allegations contained in said paragraph, and basing their denial on that

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40.

Answering paragraph 40 of the Complaint, Defendants admit that

Measure B implements restrictions and requirements for the adult film industry.

ao Defendants further admit that Measure B is in writing and speaks for itself. As to all
21

other allegations contained therein, Defendants lack sufficient information or

a2 knowledge to enable them to answer the allegations contained in said paragraph, and
23 24 '

basing their denial on that ground, generally and specifically deny each and every allegation contained in said paragraph. 41. Answering paragraph 41 of the Complaint, Defendants admit that

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Measure B requires adult film producers to obtain a permit from the Department of Public Health before production of an adult film can take place. Defendants further

zs admit that adult film producers must pay a fee and complete an application form s
DEFENDANTS' ANSWER TO COMPLAINT
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evidencing the successful completion of a blood borne pathogen training course

approved by the Department of Public Health. Defendants further admit that if an adult film producer is a business entity, then the "principals and management-level employees" must complete the required training course. Defendants further admit

s that the required permit must be displayed where any adult film is being filmed.
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Defendants further admit that the required permit is valid for two years. Defendants further admit that Measure B is in writing and speaks for itself. As to all other

g allegations contained therein, Defendants lack sufficient information or knowledge to

enable them to answer the allegations contained in said paragraph, and basing their

io denial on that ground, generally and specifically deny each and every allegation ii contained in said paragraph. ..,
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42.

Answering paragraph 42 ofthe Complaint, Defendants admit that

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i3 Measure B requires the use of condoms by performers during the production of adult ~4 films. Defendants further admit that Measure B is in writing and speaks for itself. As

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to all other allegations contained therein, Defendants contend that said paragraph

i6 contains conclusions of law and not averments of fact to which an answer may be 1 ~ required. ~8
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43.

Answering paragraph 43 ofthe Complaint, Defendants contend that said

~ paragraph contains conclusions of law and not averments of fact to which an answer

ao may be required. z~ 44. Answering paragraph 44 ofthe Complaint, Defendants admit that, under

az Measure B,inspectors for the Department of Public Health are granted access to "any
23 24 25 26 2~

location suspected of conducting any activity regulated by" Measure B. Defendants further admit that inspectors for the Department of Public Health may take possession of any "sample ,photograph, record or other evidence, including any documents bearing on" compliance with Measure B. Defendants further admit that Measure B is in writing and speaks for itself. As to all other allegations contained therein,

2s Defendants lack sufficient information or knowledge to enable them to answer the

Case 2:13-cv-00190-DDP-AGR Document 21 Filed 02/27/13 Page 11 of 17 Page ID #:87

allegations contained in said paragraph, and basing their denial on that ground, a generally and specifically deny each and every allegation contained in said paragraph.
3 4

45.

Answering paragraph 45 of the Complaint, Defendants admit that the

Department of Public Health may suspend or revoke the permit for a violation ofthe

s Measure B's provisions or any other violation of law creating a risk of exposing
6

performers to sexually transmitted infections. Defendants further admit that no i producer of adult films may engage in the making of adult films in Los Angeles

s County for commercial purposes without a permit. Defendants further admit that
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Measure B is in writing and speaks for itself. As to all other allegations contained

io therein, Defendants lack sufficient information or knowledge to enable them to ~~ y ~` ~_ ~ ~`~a.. G ii answer the allegations contained in said paragraph, and basing their denial on that
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ground, generally and specifically deny each and every allegation contained in said paragraph. 46. Answering paragraph 46 of the Complaint, Defendants admit that the

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Department of Public Health can reinstate or reissue a required permit. Defendants

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i6 further admit that Measure B is in writing and speaks for itself. As to all other 1~ allegations contained therein, Defendants lack sufficient information or knowledge to is enable them to answer the allegations contained in said paragraph, and basing their 19 denial on that ground, generally and specifically deny each and every allegation 20 contained in said paragraph. ai 47. Answering paragraph 47 of the Complaint, Defendants admit that

a2 violations of Measure B can result in the imposition of fines, civil penalties, and
23 24

imprisonment. Defendants further admit that Measure B is in writing and speaks for itself. As to all other allegations contained therein, Defendants lack sufficient

as information or knowledge to enable them to answer the allegations contained in said

paragraph, and basing their denial on that ground, generally and specifically deny

a~ each and every allegation contained in said paragraph. 2g 48. Answering paragraph 48 of the Complaint, Defendants admit that io
DEFENDANTS' ANSWER TO COMPLAINT
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i Measure B states that the fee for the permit "shall be set by the Department in the
2 3 4

amount sufficient to provide for the cost of any necessary enforcement." Defendants further admit that Measure B is in writing and speaks for itself. As to all other allegations contained therein, Defendants lack sufficient information or knowledge to

s enable them to answer the allegations contained in said paragraph, and basing their
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denial on that ground, generally and specifically deny each and every allegation contained in said paragraph.

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49.

Answering paragraph 49 ofthe Complaint, Defendants lack sufficient

information or knowledge to enable them to answer the allegations contained in said

io paragraph, and basing their denial on that ground, generally and specifically deny ii each and every allegation contained in said paragraph.
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50.

Answering paragraph 50 of the Complaint, Defendants lack sufficient

l3 information or knowledge to enable them to answer the allegations contained in said

paragraph, and basing their denial on that ground, generally and specifically deny each and every allegation contained in said paragraph. COUNTI SECTION 1983 CLAIM FOR VIOLATION OF THE FIRST AMENDMENT BY SUBJECTING FREEDOM OF EXPRESSION TO A REFERENDUM 51. Answering paragraph 51 ofthe Complaint, Defendants incorporate by

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ao preference their responses to paragraphs 1-50 as though fully restated herein. 21

52.

Answering paragraphs 52-56 of the Complaint, Defendants contend that

~ said paragraphs contains conclusions of law and not averments of fact to which an ~ answer may be required.

Case 2:13-cv-00190-DDP-AGR Document 21 Filed 02/27/13 Page 13 of 17 Page ID #:89

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COUNT II SECTION 1983 CLAIM FOR VIOLATION OF THE FIRST AMENDMENT THROUGH PRIOR RESTRAINT (42 U.S.C. ~ 1983) 53. Answering paragraph 57 of the Complaint, Defendants incorporate by

reference their responses to paragraphs 1-52 as though fully restated herein. s 54.
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Answering paragraphs 58-62 of the Complaint, Defendants contend that

said paragraphs contain conclusions of law and not averments of fact to which answers may be required. COUNT III SECTION 1983 CLAIM FOR VIOLATION OF THE FIRST AMENDMENT 9 THROUGH FEES THAT IMPOSE A PRIOR RESTRAINT AND THAT io ARE NOT LIMITED TO THE EXPENSE INCIDENT TO ADMINISTRATION OF PERITTING AND ENFORCING (42 U.S.C. ~ 1983) i~ .~ ~ ~a u ~.. ~ c~ ~ is
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55.

Answering paragraph 63 ofthe Complaint, Defendants incorporate by

reference their responses to paragraphs 1-54 as though fully restated herein. 56. Answering paragraphs 64-70 of the Complaint, Defendants contend that

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said paragraphs contain conclusions of law and not averments of fact to which ~ answers may be required. COUNT IV SECTION 1983 CLAIM FOR VIOLATION OF THE FIRST AMENDMENT THROUGH FEES THAT IMPOSE A PRIOR RESTRAINT AND THAT ARE NOT LIMITED TO THE EXPENSE INCIDENT TO ADMINISTRATION OF PERMITTING AND ENFORCEMENT(42 U.S.C. & 1983) 57. Answering paragraph 71 ofthe Complaint, Defendants incorporate by

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as reference their responses to paragraphs 1-56 as though fully restated herein.

58.

Answering paragraphs 72-77 of the Complaint, Defendants contend that

said paragraphs contain conclusions of law and not averments of fact to which answers may be required.

Case 2:13-cv-00190-DDP-AGR Document 21 Filed 02/27/13 Page 14 of 17 Page ID #:90

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COUNT V SECTION 1983 CLAIM BASED ON UNCONSTITUTIONAL OVER-AND-UNDER-INCLUSIVENESS 59. Answering paragraph 78 of the Complaint, Defendants.incorporate by

reference their responses to paragraphs 1-58 as though fully restated herein. 60. Answering paragraphs 79-90 of the Complaint, Defendants contend that

said paragraphs contain conclusions of law and not averments of fact to which answers may be required. COUNT VI SECTION 1983 CLAIM BASED ON VIOLATIONS OF DUE PROCESS 61. Answering paragraph 91 of the Complaint, Defendants incorporate by

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ii reference their responses to paragraphs 1-60 as though fully restated herein. is

62.

Answering paragraphs 92-98 of the Complaint, Defendants contend that

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said paragraphs contain conclusions of law and not averments of fact to which COUNT VII PREEMPTION BY STATE LAW 63. Answering paragraph 99 ofthe Complaint, Defendants incorporate by

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reference their responses to paragraphs 1-62 as though fully restated herein. 64. Answering paragraphs 100-106 of the Complaint, Defendants contend

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that said paragraphs contain conclusions of law and not averments of fact to which

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AFFIRMATIVE DEFENSES FIRST AFFIRMATIVE DEFENSE Defendants reserve the right to have proponents of Measure B intervene and defend the constitutionality of Measure B in light ofPerry v. Brown, 52 Ca1.4th 1116 (2011). SECOND AFFIRMATIVE DEFENSE Plaintiffs have failed to join a party or parties necessary for a just resolution of
13 DEFENDANTS' ANSWER TO COMPLAINT

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this matter and has further omitted to state any reasons for such failure.
2 3 4

THIRD AFFIRMATIVE DEFENSE The Complaint fails to state facts sufficient to constitute claims upon which relief can be granted against Defendants in that they have no discretion other than to

s comply with Measure B, unless Measure B is held to be unconstitutional or otherwise

unenforceable. FOURTH AFFIRMATIVE DEFENSE

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The Complaint fails to state facts sufficient to constitute claims upon which relief can be granted against Defendants in that they would be acting in good faith in

to I performing their duties in complying with Measure B, unless Measure B is held to be ii unconstitutional or otherwise unenforceable. 1, o ~~, ~~
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FIFTH AFFIRMATIVE DEFENSE The injuries and damages Plaintiffs complain of, if any, resulted from the acts

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i4 and/or omissions of others, and without additional conduct on the part of Defendants.

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SIXTH AFFIRMATIVE DEFENSE Plaintiffs have failed to allege and/or have not stated facts sufficient to show an

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i~ ~ affirmative link between Defendants and the acts which allegedly could violate is Plaintiffs' rights.
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SEVENTH AFFIRMATIVE DEFENSE Defendants' acts were privileged under applicable statutes and case law,

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ai including immunity under federal law for official acts because Defendants' conduct
22 23 24

under Measure B does not violate clearly established statutory or constitutional rights of which a reasonable person would have known. EIGHTH AFFIRMATIVE DEFENSE To the extent Plaintiffs seek to recover attorneys' fees, such fees should not be ~ assessed against Defendants because of special circumstances mandating Defendants' ministerial duties and in light ofPerry v. Brown, 52 Cal.4th 1116 (2011).

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14 DEFENDANTS' ANSWER TO COMPLAINT

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NINTH AFFIRMATIVE DEFENSE

Any acts or omissions of the Defendants were superseded by the act or omission of other named or unnamed entities that were independent, intervening, and the proximate cause ofthe damages alleged, if any. TENTH AFFIRMATIVE DEFENSE Defendants did not take any affirmative acts to deprive Plaintiffs of any right or privilege guaranteed by the Constitution of the United States.

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ELEVENTH AFFIRMATIVE DEFENSE To the extent that additional affirmative defenses have not been alleged herein,

io including without limitation due to sufficient facts being unavailable despite i~ reasonable inquiry, Defendants reserve the right to amend their Answer to allege ~~..
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additional affirmative defenses.

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WI-~REFORE, Defendants respectfully request that the Court deny any request for the recovery of reasonable costs and attorneys' fees from Defendants. Defendants acknowledge that the Complaint presents important legal issues that require and warrant a judicial determination. As such, Defendants respectfully

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is request that this Court grant any and all relief the Court determines to be just and i9 ~ proper. Zo
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DATED: February 27, 2013

GLASER WEIL FINK JACOBS HOWARD AVCHEN & SHAPIRO Lr.P

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By: /s/ Joel N. Klevens PATRICIA L. GLASER JOEL N. KLEVENS JOHN LY Attorneys for Defendants

15 DEFENDANTS' ANSWER TO COMPLAINT

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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

CERTIFICATE OF SERIVCE The undersigned hereby certifies that all counsel who have consented to electronic service are being served with a copy of the foregoing document via the Central District of California CM/ECF system on February 27, 2013

/s/ John Ly __ John Ly

CERTIFICATE OF SERVICE