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also disappointed that their decision relied on a 1998 case (IDK Inc. v. Clark County), which has since been clearly superseded by Lawrence v. Texas, the 2003 Supreme Court case which struck down sodomy laws nationwide and established a constitutional right to sexual privacy.”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 © 2024 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

Missouri Republican Behind FOSTA-SESTA Renews Attack on OnlyFans

Rep. Ann Wagner, the Missouri Republican legislator who was the original architect of FOSTA-SESTA, has renewed her call for federal action against OnlyFans.

Idaho Legislature Passes Republican Age Verification Bill With Full Democratic Support

The Idaho legislature has passed the state’s version of the age verification bills being sponsored around the country by anti-porn religious conservative activists.

SINematica Names Emily Pink March's 'Most Valuable Performer'

SINematica has crowned Columbian star Emily Pink as Most Valuable Performer for the month of March, with a spotlight scene opposite Yannick Shaft and Erik Everhard.

Agatha Vega, Nicole Aria, Angel Gostosa Co-Star in SexLikeReal's 'Sexual Anthropology'

Agatha Vega, Nicole Aria and Angel Gostosa co-star in SexLikeReal’s latest scene, “Sexual Anthropology.”

MYLF Debuts New Series 'Oye Mami'

MYLF has released the premiere episode of its newest series, "Oye Mami," titled "Fighting for a Promotion."

Cecelia Taylor Toplines Latest Volume of Bryan Gozzling's 'Hookup Hotshot: E-Girls'

Cecelia Taylor headlines director Bryan Gozzling's "Hookup Hotshot: E-Girls 15," from Evil Angel.

Valentina Nappi, Katrina Colt Star in Latest 'Lez Be Bad'

XBIZ Award winner Valentina Nappi stars with Katrina Colt in "Cheating in Plain Sight," the latest episode of Adult Time's "Lez Be Bad."

Pre-Nom Period for 2024 XBIZ Creator Awards Ends Monday

The deadline for pre-nomination entries for the 2024 XBIZ Creator Awards is Monday, March 18 at 11:59 p.m. PDT.

Rep. Alexandria Ocasio-Cortez Partners With Anti-Porn Lobby NCOSE

Democratic New York Rep. Alexandria Ocasio-Cortez issued a press statement last week prominently highlighting her partnership with religiously-inspired anti-porn lobby NCOSE, an organization that seeks to criminalize all sex work and eradicate adult content, and that has an extensive, well-documented history of championing state censorship and opposing LGBTQ+ rights.

Age Verification Trade Group Weighs In on UK Consultation

The Age Verification Providers Association (AVPA) filed earlier this month its response to U.K. media regulator Ofcom's consultation soliciting feedback on the regulation of adult websites under Part 5 of the Online Safety Act.

Show More