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

Lexi Luna on Bigger Roles, Higher Standards and Giving Back

Ten years into her adult career, Lexi Luna is landing the kind of roles she once only dreamed of. Now, as she enjoys more opportunities to explore her acting ambitions, the former teacher is thinking about who she can help along the way.

Vixi Rafi Makes Her Blacked Debut

Vixi Rafi has made her debut for Vixen Media Group studio imprint Blacked, alongside Jason Luv.

Flirt4Free Wins Trademark Infringement Case Against Copycat Website

The World Intellectual Property Organization (WIPO) has ruled in favor of Flirt4Free in a case against a copycat website using an infringing domain.

Holly Berrys Returns to WIFEY

Holly Berrys stars in the latest release from Vixen Media Group studio imprint WIFEY, making her second appearance with her husband Scott in a gangbang alongside Chocolate Rod, Hollywood Cash, Richard Mann, Don Sudan, and Slim Poke.

Irish PM Affirms Plan for UK-Style Ban on 'Extreme' Content

Ireland’s prime minister on Wednesday confirmed that his government is moving ahead with plans to introduce legislation criminalizing possession and distribution of “extreme” pornography, which he hopes to see passed by early 2027.

Evil Angel Drops Vince Karter's 'Miami Vixens'

Evil Angel has released director Vince Karter's latest title, "Miami Vixens."

Angellica Good Stars in Latest From TransAngels

Angellica Good stars with Cole Black in the latest release from TransAngels, titled "Hungry For Her Junk Food."

Penny Barber Stars in Latest From MILFY

Penny Barber stars with Filou Fitt in the latest release from Vixen Media Group studio imprint MILFY.

UK Parliamentary Group Calls for Outlawing Cam Platforms

The U.K. Parliament’s All-Party Parliamentary Group (APPG) on Commercial Sexual Exploitation has published a report in which it calls for banning adult livestreaming platforms.

Rissa May Toplines 'My Son's Fiancee' From Sweet Sinner

Rissa May headlines "My Son's Fiancee," the latest release from Mile High Media studio imprint Sweet Sinner.

Show More