Oral Arguments Set for ESPLER Project's Appeal Over Calif. Prostitution Law

Oral Arguments Set for ESPLER Project's Appeal Over Calif. Prostitution Law

SAN FRANCISCO — The 9th U.S. Circuit Court of Appeals has slated oral arguments for mid-October in ESPLER Project’s challenge to California’s prostitution law.

In 2015, ESPLER Project — known formally as the Erotic Service Providers Legal, Education and Research Project — filed a complaint at U.S. federal court claiming that California’s anti-prostitution statute known as 647(b) of the California Penal Code, unfairly deprives adults the right to private consensual activity, criminalizes the discussion of such activity and unconstitutionally places prohibitions on individuals’ right to freely associate.

Earlier this year, industry attorneys D. Gill Sperlein and H. Louis Sirkin asked the appeals panel to toss a lower court's judgment, remand the case to the lower court and declare the anti-prostitution law unconstitutionality. In the appeal, ESPLER Project also is seeking a permanent injunction.

Last year, an Oakland, Calif., federal judge dismissed the group's suit against California's attorney general and four district attorneys across the state.

The state successfully argued that California’s 55-year-old prostitution statute is a valid regulation of commerce that does not infringe upon any liberty interest of its citizens.

The federal judge determined that the "the intimate association between a prostitute and client, while it may be consensual and cordial, does not merit protection through the Due Process Clause of the 14th Amendment."

In a brief to the 9th Circuit, ESPLER Project attorneys said that the government should have no interests in prohibiting prostitution. At oral arguments, each side will be allotted 20 minutes before the jurists to make their cases.

The case is supported by amicus briefs from more than 30 civil rights and LGBTQ organizations, including the ACLU, the First Amendment Lawyers Association, the Free Speech Coalition, Transgender Law Center and the Woodhull Freedom Foundation.

ESPLER Project v. Gascon has been primarily funded by small individual donations from supporters and allies through crowdfunding sites such as Crowdrise

ESPLER Project's appeal will be heard before 9th Circuit judges on Thursday, Oct. 19, at 9 a.m. Oral arguments will take place in Room 307 at the James R. Browning Courthouse, 95 7th St., San Francisco, CA 94103.

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

MAD Creativity on Direction, Teamwork, and Life Behind the Lens

Longtime industry photographer and rising director Mad Creativity came up with his moniker early in his career, while searching for something that would capture both sides of his creative life as a photographer and a freelance graphic designer.

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.

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