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also disappointed that their decision relied on a 1998 case (IDK Inc. v. Clark County), which has since been clearly superseded by Lawrence v. Texas, the 2003 Supreme Court case which struck down sodomy laws nationwide and established a constitutional right to sexual privacy.”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

Lumi Ray, Blake Blossom & Isa Bella Star in Latest From Bellesa Plus

Lumi Ray, Blake Blossom, and Isa Bella star in the latest release from Bellesa Plus, titled "The Girl They Both Wanted."Directed by Jacky St. James, the scene opens with Ray, on her birthday weekend, being reunited with sorority sisters Blossom and Bella.

Maddie Wren, Chanel Camryn Star in 'My Lesbian Masseuse 2'

Maddie Wren and Chanel Camryn star in the second volume of "My Lesbian Masseuse," from Girlfriends Films.

'Studio Vanniall' Launches Through PAYSITE

Vanniall's official website StudioVanniall.com has launched through PAYSITE.

ERIKALUST Releases 'Squeaky Bed'

Venus Rey and Martin Grey star in the latest release from ERIKALUST, titled “Squeaky Bed,” directed by Rebecca Stewart.

Evil Angel Drops Proxy Paige's 'Gape Your Heart Out 3'

Evil Angel has released director Proxy Paige’s new title, “Gape Your Heart Out 3.”

France Weighs Ban on Purchase of 'Remote' Sexual Services

The French National Assembly is considering a proposal to criminalize the purchase, and/or facilitation by online platforms, of sexual services performed remotely by streamers and custom content creators.

YourVids Launches Customization-Focused Subscription Service 'YourFans' for Creators

YourVids has rolled out YourFans, a service that allows creators to design customizable subscription tiers, from which they receive 100% of the revenue.

Juliana Marie Stars in Latest From New Sensations

Juliana Marie stars with Nathan Bronson and Robby Apples in the latest release from New Sensations.

Charlotte Stokely, Anissa Kate Front Latest From Girlsway

Two-time XMAs Girl/Girl Performer of the Year Charlotte Stokely stars with Anissa Kate in the latest release from Girlsway, titled "A Lucky Delay."

Elegant Angel Drops Cherry Kiss Showcase 'Cherry on Top'

Elegant Angel has released its new showcase of multi-XMAs winner Cherry Kiss, titled "Cherry on Top."

Show More