SAN FRANCISCO — ESPLER Project today filed a petition with the 9th U.S. Circuit Court of Appeals to rehear the dismissal of its case challenging California’s anti-prostitution laws.
ESPLER Project, formally known as the Erotic Service Providers Legal Education Research Project, is challenging Penal Code 647(b) on the grounds that it is unconstitutional. It has asked the full 9th Circuit court, en banc, to rehear its case.
“We simply have to ask for a rehearing,” said Maxine Doogan, president of ESPLER Project. “This is a groundbreaking case that seeks to protect sexual privacy for everyone, and we are going to leave no stone unturned in seeking justice and our constitutional rights.”
Adult industry attorney Louis Sirkin, one of the lawyers representing ESPLER Project, said: “We’re disappointed that the 9th Circuit missed the opportunity to declare, with certainty, that the Constitution protects the right of consenting adults to engage in private sexual activity, even if they are paying for it or getting paid.”
“We’re mindful that, in our nation’s history, other constitutional issues have taken a persistent and continuing effort until the courts get it right,” Sirkin said. “This is an important issue that affects all Americans, and it deserves further consideration by the courts.”
Contributions to support the court case can be submitted through ESPLER Project’s crowd fundraiser site.
