U.S. Judge Tosses Challenge to Calif. Anti-Prostitution Law

U.S. Judge Tosses Challenge to Calif. Anti-Prostitution Law

SAN FRANCISCO — The ESPLER Project may appeal an order issued yesterday that dismissed its legal challenge to California’s anti-prostitution law, Penal Code 647(b).

The ESPLER Project’s lawsuit, which seeks to overturn California’s 54-year-old prostitution statute, contended that the law breaks both the federal and state constitutions. The state’s attorney general, Kamala Harris, and district attorneys of four counties last year were sued over the statute in a case asking for declaratory and injunctive relief.

Yesterday, U.S. District Judge Jeffrey White granted Harris and the district attorney’s motion to dismiss with leave to amend the complaint.

In his ruling, Harris dismissed the ESPLER Project’S claim to a right to sexual privacy to engage in private, consensual intimate conduct without governmental intrusion. He noted that the “case challenges particular intimate conduct within a specific context in that courts have deigned not to afford constitutional protection.”

The ESPLER Project — formally known as the Erotic Service Provider Legal, Education and Research Project — said the ruling made yesterday is “a deeply flawed decision.”

The group noted that U.S. District Judge Jeffrey White’s order was the result of “a judge’s bias against sex worker rights in search of a legal justification” and that the decision flies against all legal precedent, especially Lawrence v. Texas, the 2003 Supreme Court landmark decision that held that intimate consensual sexual conduct was protected by the 14th Amendment.

“This decision is horribly mistaken,” said Claire Alwyne, a board member of ESPLER. “The judge completely misinterprets Lawrence v. Texas. He claims that [it] only protects sexual conduct in the context of a meaningful relationship, while in fact it protects even the most brief, casual, and impersonal sexual interactions. While he might not like it, Lawrence v. Texas clearly protects sex workers and their clients.”

The ESPLER Project said that it would be consulting with its legal advisers on its next step. The group said it has until May 6 to file an amended complaint, “but seriously doubt that we will have a fair hearing in Judge Jeffrey S. White’s court.”

“Given that, we may have no option but to appeal to the 9th U.S. Circuit Court of Appeals, where we are confident that the merits of our case will finally be recognized and we will be granted relief,” the San Francisco group said in a statement.

Attorney D. Gill Sperlein, who lead litigation efforts for ESPLER Project, told XBIZ, "Naturally we are disappointed, but not defeated."

"After we have time to study the order further and meet with our clients, we will decide if we will file an amended complaint or appeal to the 9thCircuit," Sperlein said.

 

View yesterday's order

Related:  

Copyright © 2025 Adnet Media. All Rights Reserved. XBIZ is a trademark of Adnet Media.
Reproduction in whole or in part in any form or medium without express written permission is prohibited.

More News

Octavia Red Stars in Latest From Deeper

Octavia Red stars with Manuel Ferrera in the latest release from Vixen Media Group studio imprint Deeper, titled “She Done Him Wrong.”

Canadian Senator Revives Push for National AV Law

Sen. Julie Miville-Dechêne, whose previous multiple attempts to legislate national age verification requirements all failed, has introduced a new bill that would impose fines of up to $500,000 on adult sites that do not implement age verification for Canadian viewers.

Sarah Arabic, Vicki Chase Topline Dorcel's 'The Next Step'

Sarah Arabic and Vicki Chase star with multi-XMAs winner Seth Gamble in the latest feature from Dorcel, titled “The Next Step.”

FSC Submits Statement to House Committee in Support of FIRM Act

Free Speech Coalition has announced that it submitted a statement to the House Financial Services Committee in support of the Financial Integrity and Regulation Management (FIRM) Act.The announcement follows:

Plaiir Joins Pineapple Support as Supporter-Level Sponsor

Plaiir has joined the ranks of over 70 adult businesses and organizations committing funds and resources to Pineapple Support.

Sabien DeMonia to Drop 'Sabien Ass Fuck'

Evil Angel has announced “Sabien Ass Fuck,” the first title from director/performer Sabien DeMonia.

Trump Tariffs Remain in Effect Pending Appeal of Trade Court Ruling

The U.S. Court of Appeals for the Federal Circuit on Thursday stayed an injunction by the U.S. Court of International Trade, delaying the trade court’s order blocking the Trump administration’s sweeping tariffs, which have significantly impacted the pleasure industry.

FSC Issues Guidance on Kansas Age Verification Suits

The Free Speech Coalition (FSC) has published an advisory article for adult websites operating in Kansas, following several private lawsuits filed under the state's age verification law.

Bree Mills on Directing 'Escape From Camp Conversion' for Adult Time's Girlcore Banner

Bree Mills was out running one day when the title of her next movie came to her: "Escape From Camp Conversion." The chief creative officer of Adult Time had been thinking about how to combine her love for queer cinema and lesbian pulp fiction with the distinct aesthetic of the 1980s.

Ricky's Room Signs Willow Ryder to 1-Year Deal

Ricky’s Room has signed Willow Ryder to a non-exclusive, multi-scene contract for one year.

Show More