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

Kyaa Chimera, Pixie Smalls Star in Latest Installment of 'Mommy's Girl'

Kyaa Chimera and Pixie Smalls star in the latest installment of the Girlsway series “Mommy’s Girl,” titled “Strap In For A Surprise.”

Dorcel Releases Shalina Devine Showcase 'Shalina's Secrets'

Recently crowned XMA Europe MILF Performer of the Year Shalina Devine stars in a new showcase from Dorcel, "Shalina's Secrets."Directed by Franck Vicomte, the title features Angelika Grays, Liz Ocean, Kristof Cale, Francis X, Alex Romero, and Alex Charger.

Penthouse Names Lilah Anne as November's 'Pet of the Month'

Penthouse Magazine has named Minneapolis content creator and professional modeling newcomer Lilah Anne as Pet of the Month for November.

Amirah Adara Suits Up for the November Cover of X3 Magazine

Hungarian superstar Amirah Adara brings her signature style and spirit to the November issue of X3 Magazine, the publication that takes readers behind the scenes of the lives and passions of top stars.

HotWife XO Makes Her WIFEY Debut

HotWife Xo has made her debut for Vixen Media Group studio imprint WIFEY, alongside her husband Jack Spade and Troy Francisco.

Octavia Red Stars in Latest From Deeper

Octavia Red stars with Alex Jones and Parker Ambrose in the latest release from Vixen Media Group studio imprint Deeper, titled "Memento Mori."

Connie Perignon Stars in Latest From Brazzers

Connie Perignon stars with Peter Fox in the latest release from Brazzers, titled "Hot Hiker Humps Park Perv."

McKenzie Mae Makes Her Blacked Raw Debut

McKenzie Mae has made her debut for Vixen Media Group studio imprint Blacked Raw alongside Sly Diggler.

Evil Angel Releases Latest Volume of JD's 'Transgressive'

Evil Angel has debuted the 30th volume of director JD’s “Transgressive.”

FSC Publishes Guidance on New UK Pornography Laws

The Free Speech Coalition (FSC) has published information for its members on the United Kingdom's recently passed pornography laws, which take effect next week.

Show More