Federal Suit Targets Calif. Prostitution Law

SAN FRANCISCO — The Erotic Service Providers Legal, Education and Research Project (ESPLER) plans to file a federal lawsuit today at 11 a.m. seeking to overturn Section 647(b) of the California Penal Code, the state’s prostitution statute.

The complaint brought on by the California-based advocacy and legal group for sexual privacy rights contends that state’s current anti-prostitution law “unfairly deprives individuals the right to private consensual activity, criminalizes the discussion of this activity between consenting adults, and unconstitutionally places restrictions on individuals’ right to freely associate.”

The suit to be filed at U.S. District Court in San Francisco names as defendants state Attorney General Kamala Harris, a leading U.S. Senate candidate, and four Northern Californian district attorneys, alleging the current anti-prostitution law violates fundamental constitutional rights, including those of free speech, due process and freedom of association rights.

Adult industry attorney Gill Sperlein, who represents ESPLER in the case, said, “We believe it is time to revisit the criminalization of prostitution and put the state to the test.  In the light Lawrence vs. Texas and Reliable Consultants vs. Abbott, the state can no longer simply say that morality is a sufficient reason for regulating private sexual relationships even when it involves the exchange of money.”

“Social science clearly demonstrates that the criminalization of prostitution puts sex workers at risk of abuse because it discourages them from reaching out to law enforcement,” he said.

Maxine Doogan, ESPLER’s president added, “Just as the Lawrence vs. Texas decision made same-sex sexual activity legal, and the Loving vs. Virginia decision struck down laws prohibiting interracial marriage, this complaint seeks to remove the government from restricting basic fundamental and widely recognized civil and human rights.”

Sperlein and Doogan will hold a press conference regarding the suit at noon today at the Phillip Burton Federal Building and U.S. Courthouse in San Francisco.

Related:  

Copyright © 2026 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

CalExotics Expands 'Cheap Thrills' Line of Male Masturbators

CalExotics has added four new pleasure products to its Cheap Thrills line of male masturbators.

California Governor Signs Bill Limiting CIPA Claims

Governor Gavin Newsom has signed into law a bill to narrow the scope of the California Invasion of Privacy Act (CIPA), to prevent abusive lawsuits targeting online businesses, including adult websites.

XBIZ Retreat Canada to Debut in Toronto Aug. 16-20

XBIZ Retreat is heading north for the debut of its Canadian edition, bringing its signature hosted-buyer experience to Toronto Aug. 16-20.

SWPA to Host Webinar on Landing Media Coverage for Sexual Wellness Brands

The Sexual Wellness Professional Alliance (SWPA), a division of the Free Speech Coalition, will host a webinar on Wednesday, Oct. 7, offering strategies for sexual wellness brands to attract media coverage.

California Enacts Stricter UGC Rules for Adult Sites

Governor Gavin Newsom has signed into law a bill to impose tighter compliance standards for user-generated content (UGC) on adult websites accessible in California.

UK Aims to Begin Enforcing 'Choking' Ban Before Year's End

The U.K. will soon begin enforcement of a new law criminalizing depictions of “non-fatal strangulation” in adult content, according to a Ministry of Justice official.

XBIZ LA Conference Website Now Live, Registration Open

The event website for the XBIZ LA conference is now live, offering comprehensive information about the upcoming event, taking place Jan. 7-10 at the JW Marriott L.A. LIVE.

CrakRevenue Launches Mobile App for Real-Time Affiliate Alerts

CrakRevenue has launched Aff Companion, a mobile app that sends affiliates real-time notifications about clicks, conversions, and revenue.

Full Circle Expands 'My Buddy' Anal Plug Collection

Full Circle Brands has added three new vibrating anal plugs to its My Buddy line.

BMS Factory, Calvista Sign Distro Deal for Australia, New Zealand

Canadian pleasure brand BMS Factory has signed an exclusive deal with Calvista for distribution in Australia and New Zealand.

Show More