Court to Hear Oral Arguments in ESPLER Project's Appeal on Oct. 19

Court to Hear Oral Arguments in ESPLER Project's Appeal on Oct. 19

SAN FRANCISCO — The 9th U.S. Circuit Court of Appeals has slated oral arguments for Thursday, Oct. 19, in ESPLER Project’s challenge to California’s prostitution law.

Oral arguments will be heard at the 9th Circuit's courthouse in San Francisco.

Two years ago, ESPLER Project — known formally as the Erotic Service Providers Legal, Education and Research Project — filed a complaint at U.S. federal court claiming that the state’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.

The case is supported by amicus briefs from over 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. 

The appeal is based on a decision last year by a federal judge dismissed the group's suit against California's attorney general and four district attorneys across the state.

Each side will be allotted 20 minutes to make its case. 

Defendants successfully argued that its 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 in the case 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.

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

ESPLER Project officials are planning a press conference after oral arguments.

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

Sage Pillar Makes Her WIFEY Debut

Sage Pillar has made her debut for Vixen Media Group studio imprint WIFEY alongside her husband Pierre and Chocolate Rod.

On-Chain JAV Distribution Platform 'HandSome' Goes Live With Open Beta

Fukuoka tech firm Fidem has officially rolled out an open beta version of HandSome, a new Japanese Adult Video (JAV) content distribution platform built on blockchain technology.

Sarah Arabic Leads Latest From Pure Taboo

Sarah Arabic stars with Joey Avalon in the latest release from Pure Taboo, titled "Every Two Hours."

Arcom Investigates Mym Over SREN Compliance

French media regulator Arcom is investigating creator platform Mym to determine whether the site may have violated age assurance rules and/or other requirements of France’s Security and Regulation of the Digital Space (SREN) law.

Hope Heaven Crowned Newest 'Vixen Angel'

Vixen Media Group (VMG) has named Hope Heaven as its newest Vixen Angel.

England, Wales to Enforce 'Extreme' Content Laws Starting Nov. 6

England and Wales will begin enforcing new laws criminalizing depictions of “non-fatal strangulation,” as well as sexual content in which adults portray underage characters, starting Nov. 6, the U.K. Ministry of Justice announced Friday.

Sabien DeMonia Makes Her Hentaied Debut

Euro XMAs winner Sabien DeMonia has made her debut for Hentaied alongside Dimitry Simonit in the latest installment of the series "Futanari-Dom," titled "Secret Side of Me."

Reborn Cinema Sets Sex and Storytelling to a Tropical Soundtrack

In Karim Z's imagination, it all started in Rio de Janeiro. There was sun, sand and plenty of skin. Beautiful people cavorted along the beach while the sounds of bossa nova, rock and electronic music washed over scenes of sex and excess. The performers would be Brazilian, the dialogue would be in Portuguese and music would drive the action as much as anything happening on screen.

Report: UK Film Classification Board to Monitor 'Extreme' Content Online

The U.K. government has tapped the British Board of Film Classification (BBFC) for a pilot program to monitor online pornography for illegal and “extreme” content, as it prepares to enforce new content restrictions, British media outlet Sky News is reporting.

New Federal Report Slams Debanking but Ignores Adult Industry

The Office of the Comptroller of the Currency (OCC) on Wednesday released a report on debanking activities at nine large national banks, but omitted any mention of the adult industry, despite previously identifying it as a sector facing banking discrimination.

Show More