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 © 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

New EU User Stats Could Reclassify Major Adult Sites Under DSA

Three high-traffic adult sites previously classified as “very large online platforms” under the European Union’s Digital Services Act are reporting user numbers below the threshold for that label, opening the way for possible downgrading of their obligations under that law.

Connie Perignon Headlines Latest From Brazzers

Connie Perignon stars with Nick Strokes in the latest release from Brazzers, titled “Wanting Your Stepmom's Bubble Bath Body.”

Adult Time Releases New Installment of 'MILF Overload'

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

Krystal Sparks Fronts Latest From MYLF

Krystal Sparks stars with Juan Loco in the latest scene from MYLF, titled “Cultural Penetration.”

Willow Ryder Stars in Latest From New Sensations

Willow Ryder stars with Will Pounder in the latest release from New Sensations.

Dorothy Black, Jasmin Jayne & Lily Blossom Share the Spotlight in Latest From MixedX

Dorothy Black, Jasmin Jayne, and Lily Blossom star in the latest release from MixedX, titled "A Glimpse of Lost Youth."

Singapore Livestreamer Jailed for Performing 'Obscene Acts' in Public

A judge in Singapore on Thursday sentenced a Vietnamese woman to three weeks in jail for livestreaming “obscene acts” from a public area.

Octavia Red Returns to Blacked Raw

Octavia Red has made her return to Vixen Media Group studio imprint Blacked Raw alongside Isiah Maxwell.

Ariel Demure Fronts Latest From Transfixed

Newly crowned XMAs Trans Performer of the Year Ariel Demure stars with Lolly Dames and Draven Navarro in the latest release from Transfixed, titled "Butting In."

Girlsway Debuts New Installment of 'Supernaturally Stacked'

Newly crowned XMAs MILF Performer of the Year Penny Barber stars with August Skye and Lana Smalls in the latest installment of Girlsway series "Supernaturally Stacked," titled "Dove Plea."

Show More