ESPLER Project Elaborates on Why It's Refiling Legal Challenge

ESPLER Project Elaborates on Why It's Refiling Legal Challenge

LOS ANGELES — ESPLER Project today explained in detail why it changed its legal strategy in its challenge over California’s anti-prostitution law and won’t pursue its case to the U.S. Supreme Court.

ESPLER Project for the past several years has challenged the legality of California Penal Code 647(b), claiming it is unconstitutional. It filed a suit against the state of the California, seeking an injunction over its enforcement, but lost its challenge at the 9th U.S. Circuit Court of Appeals.

Today, industry attorney Louis Sirkin told XBIZ and other reporters that ESPLER Project’s case should be litigated in state court. Sirkin is one of several attorneys that have worked on ESPLER Project’s decision to challenge Penal Code 647 (b).

“This may be the place to go,” Sirkin said. “We can start over. We've learned some lessons, and we've got an addition to the substantive due process we can bring into the right of privacy that California provides, and so we thought that that would be a better battle ground.”

Sirkin noted that there's no specific wording in the U.S. Constitution and the Bill of Rights that gives each citizen an "inalienable right" to pursue and obtain privacy.

“There is in California,” said Sirkin, noting that he and ESPLER Project’s board “put a lot of discussion in” a change of legal strategy using alternative channels. “I think we made the right decision.”

“All along we had been looking at the California constitution,” Sirkin said. “You have Article 1, Section 1, that has a constitutional right of privacy, which doesn't exist in the U.S.”

Sirkin, who was joined by ESPLER Project’s Maxine Doogan and Domina Elle, said that a major reason to drop the challenge before U.S. Supreme Court was that Justice Anthony Kennedy was stepping down.

“I think we evaluated the situation with the Supreme Court and the strategy changed a bit on the announcement of the resignation of Justice Kennedy that came at the end of June,” Sirkin said.

“We were disappointed that the 9th Circuit missed an opportunity to declare that the Constitution protects the right of consenting adults to engage in private sexual activity,” Sirkin said. “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also disappointed that their decision relied on a 1998 case (IDK Inc. v. Clark County), which has since been clearly superseded by Lawrence v. Texas, the 2003 Supreme Court case which struck down sodomy laws nationwide and established a constitutional right to sexual privacy.

“You know, without [Kennedy] it might have been difficult,” Sirkin said. “We would have an adverse decision by the Supreme Court … and if they didn't grant the petition for certiorari [to take the case], people always would have made negative inferences from that.”

Sirkin said that there ESPLER Project, known to many also as the Erotic Service Providers Legal, Education and Research Project, hasn’t decided on a timeline for its next step — to file another lawsuit at California superior court.

Copyright © 2025 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

New Creator Directory 'TrustyFans' Launches

TrustyFans, a new directory for creators, has officially launched.

Evil Angel Launches 'Iconic Angels,' Names Annette Schwarz Inaugural Performer

Evil Angel has launched its new Iconic Angels spotlight retrospective and named Annette Schwarz its inaugural performer.

Charlie Valentine Channels Vintage Seduction

There’s a certain softness to Charlie Valentine’s voice — like velvet over steel. She’s warm and easy to talk to, but there’s no mistaking the strength in her words. A Vegas native with glossy black hair and classic Bettie Page bangs, she gives off a timeless kind of cool: the kind of woman who rescues senior pets, meditates before every shoot and genuinely wants to know the story behind your antique furniture.

Corey Silverstein to Host Webinar on 'SCOTUS Age Verification Ruling'

Where Does Age Verification Go From Here," to livestream July 10 at 4 p.m. (EDT).

Brazzers Debuts New Series 'MILF Quest'

Cherie DeVille stars in the first episode of new Brazzers limited series, “MILF Quest.”

Anna Claire Clouds Stars in Latest From Ricky's Room

Reigning XMAs Female Performer of the Year Anna Claire Clouds stars in the latest release from Ricky's Room, titled "Cloudy With A Chance Of DP."

Samantha Sinz Makes Her WIFEY Debut

Creator Samantha Sinz stars with her husband Gus and Isiah Maxwell in the latest release from Vixen Media Group studio imprint WIFEY.

FSC Publishes Guidance on Google Analytics Lawsuits

The Free Speech Coalition (FSC) has published guidance on how adult websites can protect themselves in the wake of several consumer class action lawsuits filed against sites for using Google Analytics.

BranditScan, CreatorTraffic Partner for 'Creators & Agencies' Initiative

BranditScan and advertising network CreatorTraffic have partnered for an initiative to help creators and agencies generate traffic and protect their content.

Anna Claire Clouds Headlines 'The Sex Therapist 7' From Sweet Sinner

2025 XMAs Female Performer of the Year Anna Claire Clouds toplines “The Sex Therapist 7,” the latest release from Mile High Media studio imprint Sweet Sinner.

Show More