ESPLER Project Changes Strategy Over Challenge to Calif. Prostitution Statute

ESPLER Project Changes Strategy Over Challenge to Calif. Prostitution Statute

SAN FRANCISCO — ESPLER Project tonight said that it has changed its legal strategy and will no longer pursue an appeal to the U.S. Supreme Court of a recent appellate decision over California’s anti-prostitution law.

ESPLER Project, known to many also as the Erotic Service Providers Legal, Education and Research Project, challenged the legality of California Penal Code 647(b), claiming it is unconstitutional. It sued the state of the California, seeking an injunction over its enforcement.

With that announcement today, the group also revealed a revamped legal strategy to challenge the constitutionality of the same law, but this time in the California state court system, “starting in Superior Court.”

Industry attorney Louis Sirkin said that a major reason to drop the challenge before U.S. Supreme Court was that Justice Anthony Kennedy was retiring.

“We were disappointed that the 9th U.S. Circuit Court of Appeals missed an opportunity to declare that the Constitution protects the right of consenting adults to engage in private sexual activity,” Sirkin said in a statement. “We were also disappointed that their decision relied on a 1998 case (IDK Inc. v. Clark County), which has since been clearly superseded by Lawrence v. Texas, the 2003 Supreme Court case which struck down sodomy laws nationwide and established a constitutional right to sexual privacy.”

Phil Thomas, an ESPLER Project board member, said: “With Justice Kennedy now retiring and no longer available to review his majority opinion in Lawrence v. Texas — an opinion that affirmed sexual privacy and being the key cases underpinning our case — there are too many unknowns in the federal court system. With him gone, and whoever is appointed, we are assuming that the Supreme Court will swing significantly against civil rights in general. So, we do not see the sense of filing an appeal to a hostile Supreme Court. Better to seek protection in the California state court system.”

Contributions to support ESPLER Project can be submitted through its crowd fundraiser, LitigateToEmancipate.com.

Related:  

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

MojoHost Releases Statement on the Future of Adult

In the wake of Tuesday's election and amid concerns about the possible ramifications for the adult industry, MojoHost President Brad Mitchell has releases a statement addressing Project 2025 and the future of the industy.

TeamSkeet Debuts New Series 'PervMassage'

Fanta Sie stars with Erick Everhard in the first episode of the new TeamSkeet series, “PervMassage."

Adult Web Hosting Service 'Midnight-Host' Launches

Midnight-Host, a new web hosting service designed specifically for adult websites, has launched.

ASN Lifestyle Magazine Joins Pineapple Support as Media Sponsor

ASN Lifestyle Magazine has joined the ranks of over 60 adult businesses and organizations committing funds and resources to Pineapple Support, partnering with the organization as a media sponsor.

Adult Industry Reacts to Trump Victory

On Tuesday, former President Donald Trump was reelected, defeating Vice President Kamala Harris to reclaim the office he lost four years ago.

Angel Windell, Katie Davis Headline Latest 'Lesbian Seductions'

Angel Windell and Katie Davis topline the 80th edition of “Lesbian Seductions,” from Girlfriends.

ERIKALUST Releases 'Texas Ride 'Em'

ERIKALUST has released its latest scene, “Texas Ride ‘Em.”

Ema Karter Makes Her Blacked Debut

Ema Karter has made her debut for Vixen Media Group (VMG) studio imprint Blacked, alongside Jax Slayher.

Fetisfy Online Fetish Marketplace Launches

Fetisfy.com, an online marketplace for users to sell fetish items, has launched.

Pineapple Support Launches 'Spill the Tea, Colombia' Community Support Event Series

Pineapple Support has launched "Spill the Tea, Colombia," a monthly, in-person community support event for adult industry professionals.

Show More