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

Alana Rose Makes Her Brazzers Debut

Alana Rose has made her Brazzers debut alongside Juniper Ren, Ana Khalifa, and JMac, in “Sluts Up!”

UPDATED: European Commission Unveils AV App, Addresses Hacks

The European Commission’s age verification app is now technically ready and will soon be available for EU citizens to use in order to prove their age when accessing online platforms, European Commission President Ursula von der Leyen announced Tuesday.

Kiki Mink Makes Her WIFEY Debut

Kiki Mink has made her debut for Vixen Media Group studio imprint WIFEY alongside her partner, Cindy, and multi-XMAs winner Isiah Maxwell.

Pixie Kinzi Performs 1st Anal, Headlines LeWood's 6th 'Anal Behavior'

Pixie Kinzi performs her first anal scene and toplines director/performer duo LeWood’s (Francesca Le and Mark Wood) sixth volume of “Anal Behavior,” from Evil Angel.

C. Stylex Makes Her Evil Angel Debut

C. Stylex has made her debut for Evil Angel alongside director Richard Mann.

Nina Nova Makes Her Adult Time Debut

Nina Nova makes her Adult Time debut alongside 2025 XMAs MILF Performer of the Year Penny Barber in the latest installment of the Girlsway series “Mommy’s Girl,” titled “A Bit of a Stretch.”

Naomi Noel Performs Her 1st Anal for Elegant Angel

Naomi Noel performs her first anal alongside Derek Savage in the latest release from Elegant Angel, directed by Jonathan Jordan.

Syren De Mer, Eddie Patrick Cap AEBN's Top Stars for 1st Quarter of 2026

AEBN has revealed its most popular performers in straight and gay theaters for the first quarter of 2026.

Skylar Snow, Angel Youngs Front Latest From Bellesa Plus

Skylar Snow and Angel Youngs star with Charles Dera in the latest release from Bellesa Plus.

Cherie DeVille, Millie Morgan Star in Latest From Brazzers

Multi-XMAs winner Cherie DeVille stars with Millie Morgan in the latest release from Brazzers, titled "A Submissive Reflection."

Show More