Oral Arguments Set for ESPLER Project's Appeal Over Calif. Prostitution Law

Oral Arguments Set for ESPLER Project's Appeal Over Calif. Prostitution Law

SAN FRANCISCO — The 9th U.S. Circuit Court of Appeals has slated oral arguments for mid-October in ESPLER Project’s challenge to California’s prostitution law.

In 2015, ESPLER Project — known formally as the Erotic Service Providers Legal, Education and Research Project — filed a complaint at U.S. federal court claiming that California’s anti-prostitution statute known as 647(b) of the California Penal Code, unfairly deprives adults the right to private consensual activity, criminalizes the discussion of such activity and unconstitutionally places prohibitions on individuals’ right to freely associate.

Earlier this year, industry attorneys D. Gill Sperlein and H. Louis Sirkin asked the appeals panel to toss a lower court's judgment, remand the case to the lower court and declare the anti-prostitution law unconstitutionality. In the appeal, ESPLER Project also is seeking a permanent injunction.

Last year, an Oakland, Calif., federal judge dismissed the group's suit against California's attorney general and four district attorneys across the state.

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 merit protection through the Due Process Clause of the 14th Amendment."

In a brief to the 9th Circuit, ESPLER Project attorneys said that the government should have no interests in prohibiting prostitution. At oral arguments, each side will be allotted 20 minutes before the jurists to make their cases.

The case is supported by amicus briefs from more than 30 civil rights and LGBTQ organizations, including the ACLU, the First Amendment Lawyers Association, the Free Speech Coalition, Transgender Law Center and the Woodhull Freedom Foundation.

ESPLER Project v. Gascon has been primarily funded by small individual donations from supporters and allies through crowdfunding sites such as Crowdrise

ESPLER Project's appeal will be heard before 9th Circuit judges on Thursday, Oct. 19, at 9 a.m. Oral arguments will take place in Room 307 at the James R. Browning Courthouse, 95 7th St., San Francisco, CA 94103.

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

Taylor Vixxen Stars in Latest From TeamSkeet

Taylor Vixxen stars in a new scene for TeamSkeet, titled “‘Cheat? But It's My Anniversary!’ My Stepmom’s Filthy Secret.”

Andylynn Payne Headlines Latest From TransSensual

Andylynn Payne stars with Cliff Jensen in the second scene from the TransSensual title “TS Doctor’s Office,” titled "Doctor’s Room."

Cubbi Thompson Stars in Latest From Jules Jordan

Cubbi Thompson stars with Manuel Ferrara in the latest release from Jules Jordan.

Octokura, Matty Mila Star in Latest From Parasited

Octokura and Matty Mila star in “The One That Excites” from Parasited, directed by Roberto Di Suna.

Dorcel Premieres Casey Calvert's 'Connection'

Multi-XMAs winner Casey Calvert directs “Connection,” the latest release from Dorcel.

Bree Brooks Makes Her WIFEY Debut

Bree Brooks stars with her husband Bob, Jax Slayher, and Sheem in the latest release from Vixen Media Group studio imprint WIFEY.

Katalina Kyle Toplines Jonni Darkko's 'Throat Fucks 9'

Katalina Kyle headlines Jonni Darkko's "Throat Fucks 9," from Evil Angel.

Elegant Angel Drops Final Installment of 'Lilly Loves Girls'

Elegant Angel has released the final installment of 2025 XMAs Girl/Girl Performer of the Year Lilly Bell's showcase “Lilly Loves Girls,” titled “Lilly Loves Vanna.”

Adult Time Drops Latest Installment of Jim Powers' 'MILF Overload'

Adult Time has released the latest installment of director Jim Powers' series "MILF Overload."

Ivy Lebelle Stars in Latest From Ricky's Room

Ricky's Room contract star Ivy Lebelle stars in the studio's latest release, titled "Latex And Lust."

Show More