ESPLER Project Files Brief to Have Calif. Sex Worker Statute Tossed

ESPLER Project Files Brief to Have Calif. Sex Worker Statute Tossed

SAN FRANCISCO — The ESPLER Project on Friday filed a brief with the 9th U.S. Circuit Court of Appeals in its case challenging California’s anti-prostitution law on the grounds that it is unconstitutional.

A judge earlier this year dismissed the group’s suit against California’s attorney general and four district attorneys across the state that sought to have Penal Code 647(b) tossed.

The state successfully argued that the state’s 55-year-old prostitution statute is a valid regulation of commerce that does not infringe upon any liberty interest of its citizens, and ESPLER Project immediately filed an appeal.

“[U.S. District Judge Jeffrey White’s] decision was deeply flawed,” said Maxine Doogan, president of ESPLER Project, formally known as the Erotic Service Providers Legal, Education and Research Project. “He acknowledged that Lawrence v. Texas defined a constitutional right to privacy in individuals’ sexual conduct and also acknowledged that morality was not a basis to deny that right, but then found flimsy legal arguments to deny that right.

In the U.S. Supreme Court case Lawrence v. Texas, justices made clear that governments may not intrude into the private lives of consenting adults by criminalizing their sexual behavior.

“He also ignored the recommendations of international organizations like Amnesty International, theWorld Health Organization, the Lancet, Human Rights Watch, and the UN Global Commission on HIV and the Law, all of which call for the decriminalization of sex work.”

Today’s filing by industry attorneys D. Gill Sperlein and H. Louis Sirkin asks the court to review a lower court’s dismissal that determined that the “the intimate association between a prostitute and client, while it may be consensual and cordial, has not merited the protection of the Due Process Clause of the 14th Amendment.”

“The resolution of this question hinges on two bedrock principles of our constitutional jurisprudence,” ESPLER Project counsel said. “First, all Americans have a fundamental liberty interest protecting them from unwarranted government intrusion in their intimate lives. Second, the state cannot wholly outlaw a commercial exchange that is related to the exercise of a fundamental right.

“Our jurisprudence leaves little doubt that private sexual activity is a fundamental liberty interest protected by the Due Process Clause of the 14th Amendment to the U.S. Constitution. Yet, when that intimate activity occurs as part of a voluntary, commercial exchange between consenting adults, the state criminalizes the intimate association and thereby prohibits individuals from exercising their constitutional rights.

“Appellants wish to engage in sexual relationships and they are willing to pay or to be paid in connection with those intimate relationships. Thus, they filed suit to enjoin and invalidate California’s state law on constitutional grounds.”

Contributions to support ESPLER Project's court case can be submitted through its crowd fundraising site, LitigateToEmancipate.com.

 

View ESPLER Project brief filed today

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

PASS to Host Online 'Office Hours' Town Hall on Mgen Testing

PASS will host a monthly Office Hours virtual town hall meeting for all adult industry members, focusing on concerns over rectal Mgen testing.

Texas Court Orders Adult Site Domain Locked for AV Violations

A district court in Texas has issued a writ requiring domain registry Verisign to “lock” an adult website’s domain over noncompliance with the state’s age verification law.

Alina Lopez Leads Latest From Bellesa Plus

Alina Lopez stars with Danny Mountain in a release from Bellesa Plus, titled “In The Coach.”

Hazel Moore, Melanie Marie & Della Cate Star in Latest From Blacked

Hazel Moore, Melanie Marie, and Della Cate star in the latest scene from Vixen Media Group studio imprint Blacked.

Adult Web Hosting Service 'QloudHost' Launches

QloudHost, a new web hosting service for adult websites, has launched.

Anissa Kate Fronts Latest From Brazzers VR

Anissa Kate stars with Isiah Maxwell in the latest release from Brazzers VR, titled "She Wants You, Daddy!"

Adult Time Drops Latest Installment of Jim Powers' 'MILF Overload'

Adult Time has released the latest installment of director Jim Powers' series "MILF Overload," titled "Carpool Overload."

Lilly Bell Leads Latest From Brazzers

Multi-XMAs winner Lilly Bell stars with Christian Clay and Mick Blue in the latest Brazzers release, "Hoeing up the Bromance."

Penthouse Names Ccinnamon as July's 'Pet of the Month'

Penthouse Magazine has named Ccinnamon as Pet of the Month for July.

Peter Hooke Launches New Paysite

Peter Hooke has launched an official website through PAYSITE.

Show More