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also disappointed that their decision relied on a 1998 case (IDK Inc. v. Clark County), which has since been clearly superseded by Lawrence v. Texas, the 2003 Supreme Court case which struck down sodomy laws nationwide and established a constitutional right to sexual privacy.”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

PASS to Host Online 'Office Hours' Town Hall on Mgen Testing

PASS will host a monthly Office Hours virtual town hall meeting for all adult industry members, focusing on concerns over rectal Mgen testing.

Texas Court Orders Adult Site Domain Locked for AV Violations

A district court in Texas has issued a writ requiring domain registry Verisign to “lock” an adult website’s domain over noncompliance with the state’s age verification law.

Alina Lopez Leads Latest From Bellesa Plus

Alina Lopez stars with Danny Mountain in a release from Bellesa Plus, titled “In The Coach.”

Hazel Moore, Melanie Marie & Della Cate Star in Latest From Blacked

Hazel Moore, Melanie Marie, and Della Cate star in the latest scene from Vixen Media Group studio imprint Blacked.

Adult Web Hosting Service 'QloudHost' Launches

QloudHost, a new web hosting service for adult websites, has launched.

Anissa Kate Fronts Latest From Brazzers VR

Anissa Kate stars with Isiah Maxwell in the latest release from Brazzers VR, titled "She Wants You, Daddy!"

Adult Time Drops Latest Installment of Jim Powers' 'MILF Overload'

Adult Time has released the latest installment of director Jim Powers' series "MILF Overload," titled "Carpool Overload."

Lilly Bell Leads Latest From Brazzers

Multi-XMAs winner Lilly Bell stars with Christian Clay and Mick Blue in the latest Brazzers release, "Hoeing up the Bromance."

Penthouse Names Ccinnamon as July's 'Pet of the Month'

Penthouse Magazine has named Ccinnamon as Pet of the Month for July.

Peter Hooke Launches New Paysite

Peter Hooke has launched an official website through PAYSITE.

Show More