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also disappointed that their decision relied on a 1998 case (IDK Inc. v. Clark County), which has since been clearly superseded by Lawrence v. Texas, the 2003 Supreme Court case which struck down sodomy laws nationwide and established a constitutional right to sexual privacy.”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

Jennifer White, Kate Dalia Headline Latest Volume of 'The Voyeur' From Sweet Sinner

Reigning XMAs Female Performer of the Year Jennifer White and Kate Dalia topline the seventh volume of “The Voyeur,” the latest release from Mile High Media studio imprint Sweet Sinner.

2027 XMA 'Fan Favorite' Pre-Nominations Period Now Open

XMA event organizers have announced that the pre-nomination period for Fan Favorite categories for the January 2027 ceremony is now open.

California Legislature Passes Stricter UGC Rules for Adult Sites

A bill to impose tighter compliance standards for user-generated content (UGC) on adult websites has been approved by the California state legislature and now awaits the governor’s signature.

CollabGPS Rolls Out 'Verification Badge' Update

CollabGPS has launched a badge system for user verification.

Tiffani Time Fronts Latest From Kink.com

Tiffani Time stars with Cody Arizona in the latest release from Kink.com’s “Divine Bitches” series, titled “Muscle Match Up.”

Rachael Cavalli Leads Latest From Girlsway

Rachael Cavalli stars with Charlie Forde, Summer Kline, and Coco Lovelock in the latest Girlsway release, titled “A Romantic Time for the Whole Fam.”

Kasey Kei Fronts Latest From Evil Angel

Kasey Kei stars with Marica Hase in the latest scene from the Evil Angel series “Transsexual Angel.”

Andi Avalon Leads Latest From Family Strokes

Andi Avalon stars with Joshua Lewis in the latest release from Family Strokes series “Perv Mom.”

Nicole Kitt Stars in 'Daggers' From Elegant Angel

Nicole Kitt stars in Elegant Angel’s new murder mystery, "Daggers."

Dorcel Drops Franck Vicomte's 'Luxure: My Wife's Nights'

Dorcel has released director Franck Vicomte’s latest title, “Luxure: My Wife's Nights.”

Show More