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

Rachael Cavalli, Manuel Ferrara Lead Latest From Jules Jordan

Rachael Cavalli stars with multi-XMAs winner Manuel Ferrara in the latest release from Jules Jordan.

Penny Barber Stars in Latest From Kink.com

2025 XMAs MILF Performer of the Year Penny Barber stars with Scarlette Moon in the latest installment of Kink.com's "Whipped Ass" series, titled "Deep Inside the Splash Zone."

Lauren Phillips Fronts Latest From MYLF

2024 XMAs MILF Performer of the Year Lauren Phillips stars with Nick Strokes in the latest release from MYLF, titled “Sweat, Cum, and Glory: Lauren’s Sexy Aerobics Routine.”

Nikita Bellucci Stars in Dorcel's 'M.I.L.F.S. Vol. 4'

Nikita Bellucci headlines the latest feature from Dorcel, titled “M.I.L.F.S. Vol. 4.”

Ashley Makes Her WIFEY Debut

Creator Ashley stars with her husband Kyle and Lil D in the latest release from Vixen Media Group studio imprint WIFEY.

Jennifer White, Vanna Bardot Headline Jonni Darkko's 3rd 'POV Anal Sluts'

Vanna Bardot and newly crowned XMAs Female Performer of the Year Jennifer White topline director Jonni Darkko’s third volume of “POV Anal Sluts,” from Evil Angel.

Leana Lovings Stars in Latest From Elegant Angel

Leana Lovings stars with Alex Legend in the debut episode of Elegant Angel’s new series “Demure Girls,” titled “Pillow Talk with Leana Lovings.”

Angela White, Madison Ivy Lead New Threesome From Brazzers

Multi-XMAs winner Angela White and Madison Ivy star with Ricky Johnson in the latest release from Brazzers, titled "Couple or Throuple?”

FTC Invites Public Comment on 'Click to Cancel' Rulemaking

The Federal Trade Commission (FTC) announced this week that it is seeking public comment on whether it should amend its Negative Option Rule to better address deceptive or unfair practices.

Taylor Wild Performs 1st DVP in Latest From New Sensations

Taylor Wild performs her first DVP with Damon Dice and Alex Legend in the latest release from New Sensations.

Show More