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

FSC Publishes Analysis of Federal Trade Commission Event Promoting AV

Free Speech Coalition (FSC) has published an analysis of a Federal Trade Commission (FTC) event held this week that promoted age verification among other forms of speech regulation.

GirlsDoPorn Owner Michael Pratt Pleads Guilty to Sex Trafficking

Michael Pratt, former owner of the rogue website GirlsDoPorn, pleaded guilty in the U.S. District Court for the Southern District of California on Thursday to sex trafficking and conspiracy to commit sex trafficking charges, according to a report by City News Service.

Federal Judge Grants Partial Halt of Florida AV Law

The United States District Court for the Northern District of Florida, Tallahassee Division, has granted a preliminary injunction against HB 3, the state's age verification law, as a lawsuit filed by two online trade associations challenging the law makes its way through the courts.

Aylo Releases Statement on Suspending Access to Pornhub in France

Technology and media company Aylo, which operates adult sites including Pornhub, YouPorn, and Redtube, has released a public statement regarding its decision to block access to its sites in France.

Pornhub Blocks Access in France in Response to SREN Law

Pornhub parent company Aylo has opted to block access to its sites in France rather than comply with age verification requirements under the country’s Security and Regulation of the Digital Space (SREN) law.

Canadian Senator Revives Push for National AV Law

Sen. Julie Miville-Dechêne, whose previous multiple attempts to legislate national age verification requirements all failed, has introduced a new bill that would impose fines of up to $500,000 on adult sites that do not implement age verification for Canadian viewers.

FSC Submits Statement to House Committee in Support of FIRM Act

Free Speech Coalition has announced that it submitted a statement to the House Financial Services Committee in support of the Financial Integrity and Regulation Management (FIRM) Act.The announcement follows:

Trump Tariffs Remain in Effect Pending Appeal of Trade Court Ruling

The U.S. Court of Appeals for the Federal Circuit on Thursday stayed an injunction by the U.S. Court of International Trade, delaying the trade court’s order blocking the Trump administration’s sweeping tariffs, which have significantly impacted the pleasure industry.

EU Investigating 4 Adult Sites for 'Suspected Breaches' of DSA

The European Commission has initiated formal proceedings against Pornhub, Stripchat, XNXX and XVideos for “suspected breaches” of the Digital Services Act (DSA), the Commission announced in a statement Monday.

Luxembourg Rejects Request to Enforce French AV Law

Government officials in Luxembourg have rebuffed a French government request to help enforce France’s Security and Regulation of the Digital Space (SREN) law by taking action against webcam platform LiveJasmin, the Luxembourg Times is reporting.

Show More