ESPLER Project Files Brief in Bid to Legalize Prostitution

ESPLER Project Files Brief in Bid to Legalize Prostitution

SAN FRANCISCO — The ESPLER Project on Friday filed a reply brief with the 9th U.S. Circuit Court of Appeals in its case challenging California's anti-prostitution law.

Today's filing by industry attorneys D. Gill Sperlein and H. Louis Sirkin asks the appeals panel to toss a lower court's judgment, remand the case to the lower court and declare the anti-prostitution law unconstitutionality. They also are seeking a permanent injunction.

An Oakland, Calif., federal judge last year dismissed the group's suit against California's attorney general and four district attorneys across the state that sought to have Penal Code 647(b) tossed.

The state successfully argued that California’s 55-year-old prostitution statute is a valid regulation of commerce that does not infringe upon any liberty interest of its citizens.

The federal judge determined that the "the intimate association between a prostitute and client, while it may be consensual and cordial, does not merited protection through the Due Process Clause of the 14th Amendment."

Today, ESPLER Project — formally known as the Erotic Service Providers Legal, Education and Research Project — said in its brief that the government should have no interests in prohibiting prostitution. 

“If the state is concerned about protecting society against the harms of real crimes like sex trafficking and rape, then those concerns justify legislation directed at sex trafficking and rape,” ESPLER Project’s brief read. “Indeed, the state already has significant legislation on those issues.

“If the state is concerned that supposedly risky sexual behaviors — for example, sex without a condom, sex with multiple partners — contribute to the spread of disease, then those concerns may justify the several public health initiatives already in place regarding those ‘risky sexual behaviors.’ 

“But none of these posited governmental interests justify the outright prohibition on giving or receiving anything of value in connection with sexual activity that is itself perfectly legal.”

The 9th Circuit didn’t indicate when they’d hear oral arguments in the case.  

Contributions to support ESPLER Project's court case can be submitted through its crowdfundraising site, LitigateToEmancipate.com.

View ESPLER Project's brief

Related:  

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

Age Verification Watch: Patching the Holes

This roundup provides an update on the latest news and developments on the age verification front as it impacts the adult industry.

Ofcom Fines OnlyFans Parent Company Over Inaccurate Age Verification Reporting

U.K. communications regulator Ofcom has fined OnlyFans parent company Fenix International Ltd. $1.36 million for inaccurate reporting of its age verification measures.

Irish Government Releases Report on Sex Work Decriminalization Legislation

The Irish government has released a report reviewing a 2017 law that decriminalized sex work across the country.

Texas Bill Would Require Age Verification for Online Sex Toy Sales

A new bill in the Texas state legislature would require online retailers to implement age verification of purchasers before selling “obscene devices” to anyone in that state.

Age Verification Watch: Michigan Joins the AV Club, Some Laws Just Make No Sense

This roundup provides an update on the latest news and developments on the age verification front as it impacts the adult industry.

Free Speech Groups Back SCOTUS Appeal of Georgia Strip Club Tax

Two civil liberties organizations filed an amicus brief Tuesday supporting a petition asking the U.S. Supreme Court to hear an appeal in a case involving whether a tax specifically aimed at adult entertainment establishments violates the First Amendment.

Swedish Court Rules LELO Products Do Not Infringe 'Invalid' Satisfyer Patent

A Swedish district court has ruled that a patent filed by Satisfyer parent company EIS GmbH is not valid, and therefore three products from pleasure brand LELO are not in violation.

North Dakota House Committee Questions Anti-Porn 'Public Health Hazard' Claim

The North Dakota House of Representatives Education Committee on Monday amended a resolution that would have recognized pornography as a “public health hazard,” instead replacing that language with a call for further study into whether such a designation is appropriate.

Wyoming Governor Signs Age Verification Law

Wyoming Governor Mark Gordon signed the state's new age verification bill into law yesterday.

Florida Bill Would Auto-Filter Porn for All Users, Not Just Minors

Florida lawmakers have introduced legislation to require manufacturers to equip tablets and smartphones with a filter that would prevent all users from accessing material deemed harmful to minors, to be automatically enabled on devices activated in that state.

Show More