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 © 2024 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

Project 2025 Leader Claims Big Tech Companies 'Deliberately Fuel Pornography Addiction' Among Men

Heritage Foundation president and Project 2025 leader Kevin Roberts published on Wednesday the text of a speech in which he persists with his past claim that “predatory Big Tech corporations” are “deliberately fueling pornography addiction” among young men.

FSC Petitions 10th Circuit for Review of Utah AV Dismissal

Free Speech Coalition (FSC) on Wednesday petitioned the United States Court of Appeals for the 10th Circuit to review a decision handed down earlier this month by a three-judge panel of the same appeals court, which denied FSC the right to challenge Utah’s controversial age verification law by suing state officials.

MyAdultAttorney's Corey D. Silverstein to Hold Post-Election Legal Impact Webinar

Industry attorney Corey D. Silverstein will hold a “Legal Impact” webinar titled “We Have a New U.S. President: Legal and Community Implications” on Nov. 12 at 1 p.m. PST.

Pornhub Shuts Down Access in Oklahoma Over Age Verification

Aylo began geo-blocking Pornhub across Oklahoma on Tuesday, three days in advance of the state’s new age verification law, SB 1959, taking effect.

Florida Age Verification Law Faces Legal Challenge

Tech industry trade groups NetChoice and the Computer & Communications Industry Association (CCIA) filed a lawsuit Monday challenging Florida’s HB 3, which includes a requirement for adult websites to verify the age of site visitors in the state.

Scotland Pushes Partnership With Anti-Porn Activist Who Thinks Sex Workers Are 'Possessed by the Devil'

A leading sex worker advocacy group in the U.K. reports that the Scottish government has instructed local authorities to partner with controversial English charity Azalea, led by a religious anti-porn activist who has stated that sex workers are “possessed by demons.”

#HandsOffMyPorn Campaign Ramps Up Anti-Project 2025 Ads on Barstool Sports, Similar Sites

The digital ad campaign #HandsOffMyPorn will up its spend from $200,000 to $500,000, and run all-new pre-roll spots on male-centric websites like Barstool Sports, GQ, Men's Health and Bleacher Report.

'Daily Caller' Column Condemns 'e-Harlots,' Urges 'Nuking' Porn Sites

In a column published Friday, the Tucker Carlson-founded right-wing news site Daily Caller advocates for the censorship of adult content, using extremely derogatory terms to describe adult creators and calling for “nuking” porn sites to achieve a “complete and total shutdown.”

UK Government Report Downplays Online Safety Act's Potential Impact on Porn Sites

The U.K. government released on Wednesday a new report assessing the likely impact of implementing the provisions of the controversial Online Safety Act (OSA), revealing adult industry concerns that a standalone provision directly targeting porn sites will render their operation in the U.K. “not feasible.”

'European Conservative' Editor Urges Total Porn Ban

One of Europe’s leading right-wing publications, the European Conservative, published an editorial this week claiming that “anti-porn activists have essentially won the public argument that pornography is poisoning our society” and calling for a total porn ban.

Show More