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

Asteria Jade Performs 1st Anal for Private

Asteria Jade performs her first anal scene alongside Dorian Del Isla in Private’s latest release.

Leilani Li, Blake Lovely Star in Latest From TGirls.Porn

Leilani Li and Blake Lovely star in the latest release from Grooby paysite TGirls.Porn, titled "The Cat Women."

Emma Rose, Chris Epic Front New Release from Grooby

Multi-XMAs winner Emma Rose and Chris Epic star in the latest release from Grooby Girls, titled “I Need to Check Your Plumbing.”

Nata Gold Toplines Latest Volume of David Perry's 'Sexual Desires'

Nata Gold headlines the third volume of director David Perry's “Sexual Desires” from Evil Angel.

Raissa Bellini, Koda Monroe Lead Latest From Brazzers

Raissa Bellini and Koda Monroe star with JMac in the latest release from Brazzers, titled "Pussies in Paradise."

Federal AV Proposal Scores Minor Win in House but Remains in Doubt

A newly announced bipartisan agreement in the U.S. House of Representatives Committee on Energy and Commerce may soon bring a proposed federal age verification law before the full House, but the measure continues to face an uphill battle.

Khloe Kingsley, Derek Kage Lead Latest From Family Strokes

Khloe Kingsley and Derek Kage star in a Father's Day-themed release from Family Strokes.

Kylie Rocket Toplines Latest 'Luxure' From Dorcel

Kylie Rocket headlines "My Wife, Her Lovers, and I," the latest installment of Dorcel's "Luxure" series.

Swamp Barbee Makes Her WIFEY Debut

Swamp Barbee stars with her husband Bruce and Jason Luv in the latest release from Vixen Media Group studio imprint WIFEY.

Arizona Governor Vetoes 'Protect Act' With New Consent Provisions

Arizona Governor Kate Hobbs on Friday vetoed HB 2133, the “Protect Act,” which would have imposed new requirements for adult content uploaded online.

Show More