ESPLER Project Changes Strategy Over Challenge to Calif. Prostitution Statute

ESPLER Project Changes Strategy Over Challenge to Calif. Prostitution Statute

SAN FRANCISCO — ESPLER Project tonight said that it has changed its legal strategy and will no longer pursue an appeal to the U.S. Supreme Court of a recent appellate decision over California’s anti-prostitution law.

ESPLER Project, known to many also as the Erotic Service Providers Legal, Education and Research Project, challenged the legality of California Penal Code 647(b), claiming it is unconstitutional. It sued the state of the California, seeking an injunction over its enforcement.

With that announcement today, the group also revealed a revamped legal strategy to challenge the constitutionality of the same law, but this time in the California state court system, “starting in Superior Court.”

Industry attorney Louis Sirkin said that a major reason to drop the challenge before U.S. Supreme Court was that Justice Anthony Kennedy was retiring.

“We were disappointed that the 9th U.S. Circuit Court of Appeals missed an opportunity to declare that the Constitution protects the right of consenting adults to engage in private sexual activity,” Sirkin said in a statement. “We were also disappointed that their decision relied on a 1998 case (IDK Inc. v. Clark County), which has since been clearly superseded by Lawrence v. Texas, the 2003 Supreme Court case which struck down sodomy laws nationwide and established a constitutional right to sexual privacy.”

Phil Thomas, an ESPLER Project board member, said: “With Justice Kennedy now retiring and no longer available to review his majority opinion in Lawrence v. Texas — an opinion that affirmed sexual privacy and being the key cases underpinning our case — there are too many unknowns in the federal court system. With him gone, and whoever is appointed, we are assuming that the Supreme Court will swing significantly against civil rights in general. So, we do not see the sense of filing an appeal to a hostile Supreme Court. Better to seek protection in the California state court system.”

Contributions to support ESPLER Project can be submitted through its crowd fundraiser, LitigateToEmancipate.com.

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

Megan Mistakes, Scarlett Alexis Topline Latest 'My Lesbian Masseuse'

Megan Mistakes and Scarlett Alexis headline the second volume of “My Lesbian Masseuse,” the latest release from Girlfriends Films.

Lucy Mochi Makes Her Kink.com Debut

Lucy Mochi has made her Kink.com debut alongside John Paul the Pope in "Newbie Gets the Full Treatment."

Erotica Divine, Derek Kage Lead Latest From TransAngels

Erotica Divine and Derek Kage star in the latest release from TransAngels, titled "Steamy Soak."

AV Bulletin: Midyear Roundup

Since the U.S. Supreme Court’s decision in Free Speech Coalition v. Paxton, more state age verification laws have been enacted around the United States, as well as proposed at the federal level and in other countries. Meanwhile, lawsuits resulting from AV laws have begun to play out in the courts. This roundup provides an update on the latest news and developments on the age verification front as it impacts the adult industry.

Savvy Suxx Performs 1st Gangbang for WIFEY

Savvy Suxx performs her first gangbang in the latest release from Vixen Media Group studio imprint WIFEY.

Princess Emily Makes Her Evil Angel Debut

Princess Emily has made her debut for Evil Angel alongside director Richard Mann.

Alina Lopez Performs 1st Anal in Her Tushy Debut

Alina Lopez has performed her first anal scene in her debut for Vixen Media Group studio imprint Tushy, alongside Milan Ponjevic.

Lilith Grace Makes Her Blacked Raw Debut

Lilith Grace has made her debut for Vixen Media Group studio imprint Blacked Raw, alongside Ashley Lane and Jason Luv.

Jennifer White, Octavia Red & Jewelz Blu Star in 'Red, White & Blu' Sequel From Elegant Angel

Reigning XMAs Female Performer of the Year Jennifer White stars with Octavia Red and Jewelz Blu in the sequel to Elegant Angel’s Fourth of July-themed featurette "Red, White & Blu."

Desiree Dulce Is Hustler's 'Cover Honey' for July

Desiree Dulce is the Cover Honey for the July issue of Hustler Magazine and appears in a 14-page centerfold spread shot by ThisYearsModel.com.

Show More