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

Gender X Debuts Latest Volume of Jim Powers' 'Trans Honey Trap'

Gender X Films has debuted the fifth volume of director Jim Powers' "Trans Honey Trap" series.

Krystal Sparks, Sugar Milf Front Latest From Pervz

Krystal Sparks and Sugar Milf star with Arin Jones in the latest release from Pervz series PervTherapy.

Melissa Stratton, Indica Flower Front Latest From Reality Kings

Melissa Stratton and Indica Flower star with JMac in the latest release from Reality Kings, titled “Dirty Dish.”

Brazil Sets Enforcement Timeline for New AV Rules

Brazil’s National Data Protection Authority (ANPD) on Friday published a timeline outlining planned steps for monitoring and enforcing age verification under the country’s Digital Statute for Children and Adolescents (Digital ECA), which took effect Tuesday.

Kitty Quinn, Nata Gold Star in Latest From MixedX

Kitty Quinn and Nata Gold star in the latest release from MixedX, titled “The Interview.”

Utah Governor Signs 'Porn Tax' and VPN Rule Into Law

Governor Spencer Cox on Friday signed into law a bill to tax adult websites and make them liable if minors circumvent geolocation.

WIFEY Celebrates 1st Anniversary With Return of Tiffani Time

Vixen Media Group studio imprint WIFEY is marking its first anniversary with the return of Tiffani Time in a new scene alongside her husband Ben, Isiah Maxwell, and Hollywood Cash.

Cherry Candle, Scarlet Skies Headline Latest 'Lesbian Seductions'

Cherry Candle and Scarlet Skies topline the 82nd volume of “Lesbian Seductions” from Girlfriends Films.

Alanna Pow Stars in Latest From Brazzers

Alanna Pow stars with reigning and three-time XMAs Male Performer of the Year Vince Karter in the latest release from Brazzers, titled "Alanna's Bitty Bikini Comes Right Off."

German Court: Regulator Can't Block Creator's IG Account, Only Posts

A German court has ruled that while a regional media regulatory agency may block specific Instagram posts that include material deemed harmful to minors, it cannot ban an entire Instagram account due to such a post.

Show More