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

UPDATED: Supreme Court Rules Against Adult Industry in Pivotal Texas AV Case

The U.S. Supreme Court on Friday issued its decision in Free Speech Coalition v. Paxton, striking a blow against the online adult industry by ruling in support of Texas’ controversial age verification law, HB 1181.

North Carolina Passes Extreme Bill Targeting Adult Sites

The North Carolina state legislature this week ratified a bill that would impose new regulations that industry observers have warned could push adult websites and platforms to ban most adult creators and content.

Supreme Court Ruling Due Friday in FSC v. Paxton AV Case

The U.S. Supreme Court will rule on Friday in Free Speech Coalition v. Paxton, the adult industry trade association's challenge to Texas’ controversial age verification law, HB 1181.

Ofcom: More Porn Providers Commit to Age Assurance Measures

A number of adult content providers operating in the U.K. have confirmed that they plan to introduce age checks in compliance with the Online Safety Act by the July 25 deadline, according to U.K. media regulator Ofcom.

Aylo Says It Will Comply With UK Age Assurance Requirements

Tech and media company Aylo, which owns various adult properties including Pornhub, YouPorn and Redtube, plans to introduce age assurance methods in the United Kingdom that satisfy government rules under the Online Safety Act, the company has announced.

Kyrgyzstan Parliament Approves Measure Outlawing Internet Porn

The Supreme Council of Kyrgyzstan on Wednesday passed legislation outlawing online adult content in the country.

Trial Set for Lawsuit by U Wisconsin Professor Fired Over Adult Content

A trial date of June 22, 2026, has been set for the civil lawsuit filed by veteran communications professor Joe Gow against the University of Wisconsin board of regents, which fired him for creating and appearing in adult content.

New UK Task Force Meets to Target Adult Content

The architect of an influential report that recommended banning adult content deemed “degrading, violent and misogynistic” has convened an “Independent Pornography Review task force” aimed at translating that report’s findings into action in the U.K.

French Court Suspends Age Verification Rule for EU Sites

The Paris Administrative Court has suspended enforcement of age verification regulations for sites based in other European Union member nations, pending a final judgment on whether France’s AV rules align with EU standards.

UK Parliament Weighs Proposals Targeting Adult Content

The U.K. Parliament this week debated proposed amendments to the pending Crime and Policing Bill, including clauses criminalizing “choking” content — and potentially outlawing paying for sex acts in cam performances and custom clips.

Show More