AdultBizLaw.com - Fattorosi & Chisvin

As published on XBiz.com on Wednesday, March 18, 2009
by:Nikki Tang

LOS ANGELES — The suit against Adultcon by a quartet of BBW performers is attracting mainstream attention, notably becoming the subject of a Kelly’s Court segment of “America’s Newsroom” on Fox News.

Adultcon also issued a press release on Tuesday discussing the suit and its circumstances, a gesture that Michael Fattorosi of Fattorosi & Associates, attorney for BBW performers Desiree Devine, Subrina Love, Chocolate Nights and Farrah Foxx, finds unusual.

“It struck me as odd that Adultcon would put out a press release about them being defendants in a lawsuit for discriminating against my clients,” he told XBIZ. “Most of the time, the companies that are defendants don’t draw attention to the suit. The individuals filing the lawsuits are the ones issuing press releases. But I and my clients thank Adultcon for the publicity on this case.”

Renaud West, Adultcon operator, declined to comment on the latest media attention surrounding the case, but reiterated a statement from the company press release that said, “Our company policy has always been to vigorously defend against any and all lawsuits. We would look forward to litigating the case and appreciate the publicity.”

In the Kelly’s Court segment, host Megyn Kelly, along with Fox News legal analyst Arthur Aidala and defense attorney Mark Eiglarsh, relayed the basic circumstances surrounding the suit and named and briefly discussed the BBW performers, but did not mention Adultcon by name.

“I noticed that nowhere in the Fox News story did they mention the name of Adultcon,” Fattorosi said. “But I believe Kelly’s Court is very entertaining. I always like the spin they put on it — they make something as mundane as a lawsuit interesting.”

The suit, filed by the performers last month, alleges that they were denied exhibitor access to the Adultcon show in December after West and others at Adultcon viewed their photos and intentionally discriminated against them on the basis of their “weight, obesity and physical appearance.”

In the press release, Adultcon said the women were offered booths at the show following the legal threat, and that the offer was denied, which “leads us to believe that they were looking for a quick pay day and not really interested in exhibiting.”

The performers were not available for comment at time of post.

The next Adultcon show takes place this weekend at the Los Angeles Convention Center.

As posted on XBiz.com on Friday, March 13, 2009
By: Rhett Pardon

LOS ANGELES — Lexington Steele and Vanessa Blue have settled a pair of suits against each other after meeting with an alternative dispute resolution jurist. Terms of the settlement weren’t disclosed, but the accord was reached in late January at an arbitration hearing before retired Los Angeles Superior Court Judge Lawrence Crispo.

At the hearing, both parties agreed on a settlement, and last Friday both cases were dismissed at U.S. District Court in Los Angeles.

Adult industry attorney Michael Fattorosi, who represents Blue, told XBIZ that the settlement was amicable.

“The matter was resolved to the mutual satisfaction of the parties,” he said.

News of the settlement coincided with the release Friday of Mercenary Pictures’ “Lexington Loves Vanessa Blue,” a collection of the performers’ “best scenes.” In addition to Blue, the title also stars Cynthia Pendragon, Mya Lovely, Candace Von, Trina Michaels and Mika Tan.

Steele and Blue filed federal suits last year against each other over the ownership of numerous videos that first appeared under the Mercenary Pictures banner, where Steele acts as the company’s president and also is a performer.

Steele’s complaint alleged that Blue, whose real name is Tanya Faulkner, appropriated copyrights illegally for various volumes of such Mercenary titles as “Black Reign,” “Superwhores,” “Ebony” and “Climax TV.”

Steele, whose real name is Clifton Britt Jr., claimed that Blue was a salaried performer and, at time of employment, “never objected or asserted rights to the copyrighted registrations solely owned by Mercenary Pictures.”

Blue also goes by the name of Domina X.

Steele alleged that Blue, along with her production company VBX, provided scenes from the videos he owns on VanessaBlue.com and earned membership fees over the video-on-demand clips.

Blue’s separate complaint alleged copyright infringement and breach of an implied contract, among other charges, against Steele, Mercenary and Canada-based HVL Cyberweb Solutions Inc., which allegedly entered into a web distribution deal with Mercenary through its Braincash division.

Blue, in the complaint, said that it was Steele who fraudulently filed for certificates of registration over the titles and that Steele’s company agreed to pay her 75 percent of the gross revenue generated from LexSteele.com.

That promise, Blue contended at the time, was made if she relocated her residence from Las Vegas to Los Angeles, which she eventually did.

In her suit, Steele and his company made at least one payment but breached its contract starting in June 2006, Blue claimed.

Attorney Robert Esensten, who represents Steele, was unavailable for comment at post time.

As published on XBiz.com on Thursday, March 5, 2009
by: Rhett Pardon

LOS ANGELES — Adultcon has been sued by a quartet of BBW adult performers who allege they signed on as exhibitors and then were bounced from the December show after the operator viewed their photos.
The suit filed last week at Los Angeles Superior Court involves BBW porn stars Desiree Devine, Subrina Love, Chocolate Nights and Farrah Foxx, who each claim they were unable to market their personas, as well as sell their DVDs, at the show held at the Los Angeles Convention Center.

The suit alleges that Adultcon and its operator, Renaud West, as well as unnamed parties, intentionally discriminated against the four women because of their “weight, obesity and physical appearance.”

Adultcon, which hosts two porn star conventions in spring and fall at the Los Angeles Convention Center, is planning its next show later this month.

The show is billed as “where fans go to buy autographs, photos, DVDs and products and meet the porn stars of tomorrow as well as the mega stars of today.”

It attracts thousands of porn fans — mostly male — who pay $35 admission and are offered the opportunity to meet talent up-close and personal in a 60,000-square-feet hall. The show does not allow nudity, but porn stars usually expose copious amounts of skin and use pasties to cover areolas.

Devine, whose real name is Rustie Jouni, told XBIZ last December that she and the other women were “heartbroken” and “embarrassed” that they were not allowed in to the show.

She said that despite the fact that the BBW porn stars completed forms and paid admissions to enroll as exhibitors, they received a letter “that was full of shock.”

According to the suit, Adultcon sent correspondence to the women just days before the December show indicating that the denial of their booth space was based on its contractual policies, as well as a policy on its website that states, “We reserve the right to deny booth space to any person, who in our opinion, is disproportionate in weight in relation to their height.”

“I was very excited about exhibiting at Adultcon, and I spent a lot of money out of pocket getting ready for the event, including the $200 booth fee,” said Devine, who noted that she also planned on DVDs, T-shirts, posters and photographs specially manufactured for the show.

Devine, who is six-foot and measures 54-44-62, has filmed a half-dozen DVDs, including “Waist Watchers 4,” “Big Lovin 6” and “Whale Watching 3.” She also operates the paysite DesireeDivine.com and a fan club.

The suit said that as a result of Adultcon’s discriminatory practices, the plaintiffs were unable to attend Adultcon as exhibors and were unable to sell any merchandise at Adultcon.

“The conduct of defendants was outrageous and beyond the bounds of decency such that no reasonable person could be expected to endure it,” the suit said. “Plaintiffs were forced to endure ongoing mental anguish, shock, humiliation, feelings of hopelessness and desperation.”

Adult industry attorney Michael Fattorosi is the lawyer who represents the women.

His filing at Los Angeles Superior Court focuses on violations of California’s Unruh Civil Rights Act, which reads: “All persons within the jurisdiction of this state are free and equal, and no matter what their sex, race, color, religion, ancestry, national origin, disability, medical condition, marital status or sexual orientation are entitled to the full and equal accommodations, advantages, facilities, privileges, or services in all business establishments of every kind whatsoever.”

Fattorosi contends that the Unruh Act has been applied numerous times based upon physical characteristics.

“The law is very broad and includes cases like these,” Fattorosi told XBIZ. “For example, there have been cases based on the length of hair that have been upheld by the Unruh Act.”

West, who operates Adultcon and parent company Live Entertainment, first heard of the suit when XBIZ called for comment, although rumors of the possible legal action have been swirling throughout the industry since December.

Later, he told XBIZ, “Our company policy has always been to vigorously defend against any and all lawsuits.”

“We would look forward to litigating the case in court and not on websites or in the adult industry publications,” West said. “On the other hand, we appreciate the publicity, especially this far in advance of Adultcon.”

Fattorosi said that much will be learned through discovery about Adultcon’s arrangement with the Los Angeles Convention Center, which possibly could be named to the suit.

“I don’t know what their contractual obligation is; I don’t even know if they have proper insurance,” he said.

Los Angeles Convention Center chief spokesman Felix Hernandez did not respond to several inquires regarding the complex’s discrimination policies.

Adultcon’s next show — its 16th — is slated for March 20-22 at the Los Angeles Convention Center.

The suit seeks general and special damages, as well as attorneys fees.