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also disappointed that their decision relied on a 1998 case (IDK Inc. v. Clark County), which has since been clearly superseded by Lawrence v. Texas, the 2003 Supreme Court case which struck down sodomy laws nationwide and established a constitutional right to sexual privacy.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

Pervz to Debut New Limited Series 'Power Corrupts'

Pervz has announced the launch of its new six-scene limited series, "Power Corrupts."

Sandra Makes Her WIFEY Debut

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

Gia Palomino Makes Adult Debut in Angelo Godshack's 'Rough Love 6'

Gia Palomino makes her adult debut and headlines Angelo Godshack’s latest Evil Angel directorial, “Rough Love 6.”

2026 XBIZ Miami Conference Schedule Announced

XBIZ is pleased to announce the release of the full show schedule for XBIZ Miami, set to take place May 11-14 at the Goodtime Hotel in South Beach.

Bellesa Plus Wraps Shooting on New Reality Series

Bellesa Plus has wrapped production on the first episode of its new reality series, “The Bellesa Challenge.”

Eva Maxim, Emma Rose Lead Latest From TransAngels

Eva Maxim and multi-XMAs winner Emma Rose star in the latest release from TransAngels, titled "Stuck on Top."

Andi Avalon Returns to MILFY

Andi Avalon has made her return to Vixen Media Group studio imprint MILFY alongside Derek Savage and Isiah Maxwell in the studio’s latest scene.

Maddie Wren Leads Latest From MonsterPorn

Maddie Wren stars with Jason Sarcinelli and Marcelo Magnifico in the latest scene from MonsterPorn, titled "Trouble in the Woods."

UPDATED: Utah VPN Rule Enforcement Paused in Aylo Lawsuit

Provisions of a new 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 on Wednesday, have been put on hold until Sept. 3.

Connie Perignon Returns to Bang Bros

Connie Perignon has made her return to Bang Bros alongside Johnny Love in "Connie Breaks Her Roommate's Celibate Streak."

Show More