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also disappointed that their decision relied on a 1998 case (IDK Inc. v. Clark County), which has since been clearly superseded by Lawrence v. Texas, the 2003 Supreme Court case which struck down sodomy laws nationwide and established a constitutional right to sexual privacy.”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

Utah VPN Rule Enforcement Pause Extended in Aylo Lawsuit

Provisions of a Utah law making adult websites liable if minors in the state circumvent geolocation efforts to bypass age verification, which were set to come into force in May, have again been put on hold temporarily.

Anti-Censorship Bill Could Shield US Sites From Foreign AV Laws

A Republican congressman has introduced legislation to bar U.S. courts from helping to enforce any foreign law restricting speech that would domestically be protected under the First Amendment, potentially including foreign age verification laws.

X3 Expo 2027 All-Stars Unveiled, Dates Set for Jan. 8-9

X3 Expo will make its L.A. LIVE debut at the JW Marriott on Jan. 8-9, bringing together fans and industry insiders for North America’s largest assembly of stars, alongside a dazzling lineup of attractions spotlighting the cutting edge of modern media and pleasure tech.

Courtney Tillia, Girthmasterr Star in Latest From Brazzers

Courtney Tillia stars with Brazzers exclusive Girthmasterr and Kaiia Eve in the studio's latest release, "Yoga, Massage, Sex...In That Order!"

Adriana Chechik Returns to Dorcel for 'Dirty Game'

Adriana Chechik headlines the latest release from Dorcel, titled “Dirty Game.”

Keeley Kennedy Makes Her WIFEY Debut

Keeley Kennedy has made her debut for Vixen Media Group studio imprint WIFEY alongside her husband Seth and Chocolate Rod.

On the Set: Ricky Greenwood Makes a Case for Dystopian Desire in 'The Tribunal'

Outside a warehouse on a scorching, treeless frontage road in Compton, there is little to suggest that a movie is being made behind its nondescript walls. Similar buildings across the Southwest frequently house adult productions, their unassuming exteriors concealing carefully lit sets where crews labor over every visual detail.

Romantix-Fargo Zoning Dispute Heads Back to District Court

A federal appeals court on Thursday ruled that zoning officials in Fargo, North Dakota, acted in an “arbitrary and capricious” manner when they prevented sex toy retailer Romantix from opening a planned retail store in that city.

Leana Lovings Fronts Latest From Pure Taboo

Leana Lovings stars with Jason Sarcinelli in the latest release from Pure Taboo, titled "Swapping Students."

Reina O'Hara Is Hustler's 'Cover Honey' for September

Reina O’Hara is the Cover Honey for the September issue of Hustler Magazine and appears in a 14-page centerfold spread shot by Davide Esposito.

Show More