Decriminalization of Sex Work – 9th Circuit Appeal of Erotic Svc Provider Legal Edu. v. George Gascon

Categories:

When:
October 19, 2017 @ 9:00 am – 12:00 pm
2017-10-19T09:00:00-07:00
2017-10-19T12:00:00-07:00
Where:
Courtroom 3, 3rd Floor Rm 307, James R. Browning U.S. Courthouse
95 7th St
San Francisco, CA 94103
USA

The Erotic Service Provider Legal Education and Research Project appeals from the district court’s dismissal of its action challenging the constitutionality of Cal. Penal Code § 647(b), which criminalizes the commercial exchange of sexual activity.


Background:

OR IMMEDIATE RELEASE 9.30.2016
Contact: Maxine Doogan
415-265-3302, info@espu-usa.com

Sex Workers File Appeal For Decriminalization Of Sex Work
ESPLERP Files Brief With Ninth Circuit Appealing District Court’s Dismissal Of Challenge To California’s Anti-Prostitution Statute; Seeking Decriminalization Of Sex Work.

San Francisco, CA – The Erotic Service Providers Legal Education Research Project (ESPLERP) today filed a brief in the United States Federal Ninth Circuit appealing against the Northern California District Court’s judgement dismissing ESPLERP v Gascon, which challenged California’s anti-prostitution law Penal Code 647(b) on the grounds that it is unconstitutional.

“The District Court Judge’s decision was deeply flawed,” said Maxine Doogan, President of ESPLERP. “He acknowledged that Lawrence v Texas defined a constitutional right to privacy in individuals’ sexual conduct, and also acknowledged that morality was not a basis to deny that right, but then found flimsy legal arguments to deny that right. He also ignored the recommendations of international organizations like Amnesty International, the World Health Organization, the Lancet, Human Rights Watch, and the UN Global Commission on HIV and the Law, all of which call for the decriminalization of sex work.”

“Lawrence v Texas made it clear that governments may not intrude into the private lives of consenting adults by criminalizing their sexual behavior” said Mike Chase, longtime human rights activist. “It is time that the courts fully recognized those rights.”

ESPLERP’s court case is mostly funded by individuals making small contributions, but our opponents (the State of California and various District Attorneys) have very deep pockets – essentially using our taxpayer dollars to deny us our rights. Contributions to support the court case can be submitted through our crowd fundraiser – www.litigatetoemancipate.com.

The Erotic Service Providers Legal, Education and Research Project (ESPLERP) is a diverse community-based coalition advancing sexual privacy rights through litigation, education, and research.

 

Most Recent:

UPDATED PRESS ADVISORY

FOR IMMEDIATE RELEASE October 4, 2017
Contact: Maxine Doogan
415-265-3302, info(AT)esplerp.org

Date for Oral Arguments Set Before the US Ninth Circuit Court of Appeals on Constitutional Challenge to California’s Prostitution Law

Sex worker group argue prostitution laws infringe on adults’ constitutional right to private consensual activity

Over two years ago, in March 2015, the Erotic Service Providers Legal, Education and Research Project (ESPLERP) filed a complaint in US District Court claiming that California’s outdated anti-prostitution statute known as California Penal Code 647(b), unfairly deprives adults of the right to private consensual activity, criminalizes the discussion of such activity, and unconstitutionally places prohibitions on individuals’ right to freely associate.

The court case known as ESPLERP v Gascon case number 16-15927 is now before the US Ninth Circuit Court of Appeals, and Oral Arguments have been set for Thursday October 19th at 9am. The case is supported by amicus briefs from over thirty 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. Each side will be allotted 20 minutes to make its case.

The named defendants are San Francisco District Attorney George Gascon, Alameda County District Attorney Nancy O’Malley, Marin County District Attorney Edward S. Berberian, Jr. and Sonoma County District Attorney Jill Ravitch, together with Kamala Harris, then Attorney General of the State of California, all in their official capacities. Kamala Harris is now a US Senator, and it is assumed the new Attorney General, Xavier Becerra, will continue to act in the same official capacity.
The court case has been primarily funded by small individual donations from supporters and allies through crowdfunding sites such as Crowdrise – for example litigate-to-Emancipate

WHAT: Oral Arguments before the Ninth Circuit Court of Appeals challenge to California prostitution laws.

WHO: Sex workers, allies and supporters – including the Erotic Service Providers Legal, Education and Research Project (ESPLERP).

WHEN Thursday, October 19th, 2017. Press conference to follow immediately after conclusion of Oral Arguments – which start at 9 AM.

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