Sex Workers Consider Supreme Court Appeal After Rehearing Denial

SAN FRANCISCO—Sex workers and advocates from the Erotic Service Providers Legal Education Research Project (ESPLERP) have expressed disappointment that the US Court of Appeals for the Ninth Circuit has denied its request for an en banc hearing (before the full Ninth Circuit) of its decision to dismiss ESPLERP v Gascon, which challenged California’s anti-prostitution law as being unconstitutional. “We’re disappointed that the Ninth 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,” said Louis Sirkin, ESPLERP’s lead attorney, and one of the nation's preeminent First Amendment and criminal defense attorneys. “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. 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.” “It’s outrageous that the Ninth Circuit decision relied on a 1998 case (IDK, Inc. v. Clark Cnty.),” said Maxine Doogan, President of ESPLERP. “IDK has since been clearly superseded by Lawrence v Texas, the 2003 Supreme Court case which struck down sodomy laws nationwide and established a constitutional right to sexual privacy.” ESPLERP’s court case is mostly funded by individual small contributions, but its opponents (essentially the government of the State of California) have very deep pockets, essentially using taxpayer dollars to deny us our rights. Contributions to support the court case can be made at ESPLERP's fundraising site LitigateToEmancipate.com. Pictured: H. Louis Sirkin and ESPLERP's Maxine Doogan after Ninth Circuit hearing.