Sirkin to Argue ESPLER's Appeal Seeking to Lift Prostitution Statute

Sirkin to Argue ESPLER's Appeal Seeking to Lift Prostitution Statute

SAN FRANCISCO — Louis Sirkin, the prominent adult entertainment lawyer, will stand up next week before a panel of judges at the 9th U.S. Circuit of Appeal in San Francisco to argue for the legalization of prostitution in the state of California.

Sirkin is well known to many in the adult entertainment industry as a staunch defender of the business, representing Hustler’s Larry Flynt when he attempted to open a shop in Ohio and successfully challenging the constitutionality of the Child Pornography Prevention Act of 1996.

His first prominent victory was defending the director of the Contemporary Arts Center in Cincinnati, who was charged on obscenity counts after exhibiting photographs by Robert Mapplethorpe. And he also defended obscenity cases against Extreme Associates' Rob Black and Lizzie Borden, as well as producer Max Hardcore.

On Thursday, Oct. 19, Sirkin will be advocating against the criminalization of sex work in the long-running case, ESPLER Project v. Gascon, before the 9th Circuit.

“My whole legal career has focused on free speech and privacy,” Sirkin said. “And this case is a natural extension of that work. In Lawrence v. Texas, the Supreme Court made it clear that the government could not use morality as a basis for regulating private consensual sexual activity.”

Lawrence v. Texas was a 2003 U.S. Supreme Court landmark decision that held that intimate consensual sexual conduct was protected by the 14th Amendment.

Two years ago, ESPLER Project — known formally as the Erotic Service Providers Legal, Education and Research Project — filed a complaint at U.S. federal court claiming that the state’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, Sirkin and another industry attorney, D. Gill Sperlein, 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.

The appeal is based on a decision last year by a federal judge dismissed the group's suit against California's attorney general and four district attorneys across the state.

At the 9th Circuit, each side will be allotted 20 minutes to make its case. 

The case is supported by amicus briefs from over 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. 

“A long list of international organizations, including Amnesty International, the World Health Organization, the Lancet, Human Rights Watch and the UN Global Commission on HIV and the Law, that have called for the decriminalization of sex work,” said Maxine Doogan, president of ESPLER Project.

“They like us recognize that anti-prostitution laws criminalize the private lives of consenting adults, impact the human rights of sex workers and their clients, and have very adverse effects on public health and safety. We have the right attorney to argue our case.”

Another ESPLER Project organizer, Claire Alwyne, said that, “it’s taken a long time to get here — and we are so grateful to all our supporters and allies who made it possible. We look forward to our day in court — and another step towards the end of the repressive war on sex.”

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. ESPLER Project officials are planning a press conference after oral arguments over the legal battle, which has been primarily funded by small individual donations from supporters and allies through crowdfunding sites such as Crowdrise

Pictured: Louis Sirkin

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

RM11 Joins Pineapple Support as Supporter-Level Sponsor

RM11 has joined the ranks of over 70 adult businesses and organizations committing funds and resources to Pineapple Support.

PASS Names 3 New Board Members

Performer Availability Screening Services (PASS) has named RubyLynne, Beth McKenna, and Kira Noir as new members of its board of directors.

Avery Lust, Ariel Demure Headlines 'TS Chronicles 2' From TransSensual

Avery Lust and reigning XMAs Trans Performer of the Year Ariel Demure topline “TS Chronicles 2” from Mile High Media studio imprint TransSensual.

Adriana Chechik Returns to Blacked Raw With Blake Blossom

Adriana Chechik and Blake Blossom star with Sheem in the latest release from Vixen Media Group (VMG) studio imprint Blacked Raw.

Rocco Siffredi Makes On-Camera Return, Launches New Creator Platform

and he’s doing it in a way that reflects both his legacy and the creator-driven landscape shaping today’s market. His latest endeavor is built entirely around collaborations, an approach he says immediately energized him and clarified what this new chapter should look like.

Reagan Foxx Leads 'The Substance' Parody From MYLF

2023 XMAs MILF Performer of the Year Reagan Foxx stars in MYLF's ‘The Substance’ parody, titled “A Sluttier Version of Yourself.”

Jessi Rae Makes Her Deeper Debut

Vixen Media Group (VMG) exclusive Jessi Rae has made her debut for the studio's imprint Deeper, alongside multi-XMAs winner Isiah Maxwell in “Key Mistress.”

Mark Spiegler Named XBIZ Talk Guest for 2026 LA Conference

XBIZ is pleased to announce that famed talent agent Mark Spiegler, impresario of the the Spiegler Girls agency, will join an exclusive talk session at XBIZ 2026, the latest edition of North America’s largest adult industry conference, set to take place Jan. 12-15 at the Kimpton Everly Hotel in Hollywood.

Angela White Fronts Latest From Brazzers

Multi-XMAs winner Angela White stars with Scott Nails in the latest release from Brazzers, “Run Club Rules.”

Gataca Introduces Passkey Integration

Spain-based age verification provider Gataca has debuted its new passkey integration.

Show More