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also disappointed that their decision relied on a 1998 case (IDK Inc. v. Clark County), which has since been clearly superseded by Lawrence v. Texas, the 2003 Supreme Court case which struck down sodomy laws nationwide and established a constitutional right to sexual privacy.”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

Polish Government Proposes AV Mandate for Adult Sites

Poland’s Council of Ministers on Tuesday endorsed a proposed national law that would require sites and platforms to age-verify users to prevent minors from accessing adult content online.

Charlotte Sins, Aiden Ashley Front Latest Installment of 'The Yes List'

Charlotte Sins and Aiden Ashley star with Oliver Flynn in the latest installment of Adult Time series "The Yes List," titled "The Origin of the Throuple."

Brazil Launches Complaints Page for AV Violations, Other Issues

Brazil’s National Data Protection Authority (ANPD) on Monday debuted a portal where citizens can report possible violations of the country’s Digital Statute for Children and Adolescents (Digital ECA), which requires adult websites to age-verify users located in Brazil.

FSC Launches 'Speak Out' Media Campaign for Creators

The Free Speech Coalition (FSC) has announced the launch of FSC Speak Out, a media campaign for content creators to tell their stories.

Pineapple Support, Stripchat to Host LGBTQ Support Group

Pineapple Support and Stripchat are hosting a free online support group for LGBTQ+ individuals within the adult industry, titled "LGBTQ and Proud."

Texas Patti Leads Latest From Evil Angel

Texas Patti stars with multi-XMAs winner Mick Blue in the latest release from Evil Angel, directed by Blue and Maestro Claudio.

Lilly Bell, Lily Labeau Front Latest Release From TeamSkeet

XMAs winner Lilly Bell stars with Lily Labeau and Donnie Rock in the latest scene from TeamSkeet’s “Brat Tamer” series, titled “Band Brat Gets a Spanking.”

Raissa Bellini Makes Her MILFY Debut

Raissa Bellini has made her debut for Vixen Media Group studio imprint MILFY, alongside 2025 XMAs Male Performer of the Year Alex Jones.

Octavia Red Stars in Hentaied Pro's Latest Interactive Release

Reigning XMAs Girl/Girl Performer of the Year Octavia Red stars in Hentaied Pro’s latest all-girl interactive release, titled "Lady Seraphine."

Penthouse Names Coco Star June's 'Pet of the Month'

Penthouse Magazine has named creator Coco Star as Pet of the Month for June.

Show More