Sex Workers Consider U.S. Supreme Court Appeal Over Anti-Prostitution Law

Sex Workers Consider U.S. Supreme Court Appeal Over Anti-Prostitution Law

SAN FRANCISCO — Will the issue of whether to legalize prostitution reach the U.S. Supreme Court?

Today, the president of ESPLER Project — known officially as the Erotic Service Providers Legal, Education and Research Project —  said that’s where her sex-worker group may try to press its case.

“We’re disappointed and considering going to the Supreme Court,” Doogan told XBIZ shortly after the 9th U.S. Circuit Court of Appeals issued an order that denied a petition to rehear an appeal over ESPLER Project’s three-year-old case.

ESPLER 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. The group filed its suit against California's attorney general and four district attorneys across the state.

Last year industry attorneys Louis Sirkin and D. Gill Sperlein asked the appeals panel to toss a lower court's judgment against ESPLER Project, remand the case to the lower court and declare the anti-prostitution law unconstitutionality. 

ESPLER Project’s argument was rejected and another motion was made to rehear the case en banc, a session heard before all judges of the court.

Today, three judges sitting on the 9th Circuit denied rehearing the case.

“The full court has been advised of the petition for rehearing en banc and no judge has requested a vote on whether to rehear the petition en banc. The petition for rehearing en banc is denied," today’s order said.

Sirken, in a statement today, said: “We’re disappointed that the 9th Circuit missed this opportunity to declare that the Constitution protects the right of consenting adults to engage in private sexual activity, even if they are paying for it or getting paid."

“We’re mindful that, in our nation’s history, other constitutional issues have taken a persistent and continuing effort until the courts get it right,” Sirkin said. “This case is not over and we are seriously considering an appeal to the Supreme Court. This is an important issue that affects all Americans, and it deserves further consideration by the courts.”

ESPLER Project’s case was 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. 

 

 

 

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

MixedX Releases 'The Secret Examination'

MixedX has released "The Secret Examination," starring Angelika Grays and Lia Lin.

Texas Judge Pauses AG Ken Paxton's Aylo Lawsuit Until SCOTUS Decision

A Texas district judge granted a request Wednesday to pause proceedings in the lawsuit filed by Attorney General Ken Paxton against Aylo over its implementation of Texas’ controversial age verification requirements for Pornhub, pending the outcome of the Free Speech Coalition-led lawsuit against Paxton, which will be heard by the Supreme Court during the next term.

Haley Davies Toplines 'Hardcore Bombshells 2' From Hard X

Haley Davies headlines the second volume of "Hardcore Bombshells," from X Empire studio brand Hard X.

Ella Reese Headlines 'I Can't Help It 4' From Bellesa

Ella Reese toplines the fourth volume of "I Can't Help It," from Bellesa.

Author of UN Report Recommending Worldwide Criminalization of Sex Work, Porn to Speak at NCOSE Summit

Jordanian activist Reem Alsalem, a special rapporteur on violence against women and girls at the United Nations Human Rights Council who recently issued a controversial report recommending that governments abolish all forms of sex work, including porn, will speak at anti-porn lobby NCOSE’s 2024 summit in August.

Melody Mynx Stars in Latest From MYLF

Melody Mynx stars with Trinity Olsen and Nicky Rebel in the latest release from MYLF, titled "Anal Dare."

Derek Hay Sentencing Hearing: Performers Give Impact Statements

The first day of the sentencing hearing for LA Direct Models’ Derek Hay, who pleaded guilty in May to one charge of conspiracy to commit pandering and a charge of perjury, took place in Los Angeles Wednesday.

Asia Belle Stars in 'The Ex-Girlfriend' From GroobyVR

Asia Belle stars in the latest POV release from GroobyVR, titled "The Ex-Girlfriend."

Jonni Darkko Marks 20th Anniversary With Evil Angel

Jonni Darkko is marking his 20th anniversary working with Evil Angel with two new releases, "Sheena Shaw Ultimate Anal Queen," and "Suck Balls 6."

Pornhub Shuts Down Access in Nebraska Over Age Verification

Aylo began blocking access to Pornhub in Nebraska on Monday, in anticipation of the state’s new age verification law — one of many such bills promoted by religious conservatives around the country — which is scheduled to go into effect Thursday.

Show More