Our Complaint Our complaint! Case # 15 CV 01007
Erotic Service Providers Legal, Education and Research Project Talking Points
The Erotic Service Providers Legal, Education and Research Project (ESPLERP), is a not for profit community-based coalition advancing sexual privacy rights through legal advocacy, education, and research.
ESPLERP has filed a complaint with the United States District Court challenging California’s current anti-prostitution law, Penal Code 647(b) on the following grounds:
• These laws deprive individuals of the fundamental right to engage in consensual, private sexual activity.
• These laws deny individuals the right to chose for themselves how to earn a living and who to enter into a contract with.
• These laws limit how and with whom an individual can associate in private.
• Enforcement of these laws discourages safe sex because the possession of condoms is used as evidence by prosecutors.
• California has failed to provide a legitimate rational to continue denying individuals the right of free speech, the right to earn a living, and the right to freely associate.
• The Penal Code is so vaguely worded that it criminalizes the mere discussion of paying for erotic services between consenting adults.
The complaint has been filed against California’s Attorney General Kamala Harris and the District Attorneys of the City and County of San Francisco; Marin, Alameda, and Sonoma counties.
It asks that the court to declare that California’s prostitution statute, Section 647(b) of the California Penal Code, unconstitutional and remove the government from restricting basic fundamental and widely recognized civil and human rights.
The funding for this lawsuit came from crowd source and Craigslist.
Will California Legalize Prostitution Next? Inside the Crowd-Sourced Fundraising “We hope to advance sexual privacy rights for everyone,” says Doogan. “It’s important. It’s a fundamental right that we have to recognize.”
Group seeking to legalize prostitution sues Sonoma County District Attorney Jill Ravitch Moreover, said Doogan, who has been a sex worker herself, the criminalization of prostitution exposes participants to the possibility of arrest and prosecution if they try to report assault or abusive behavior toward themselves or someone else. They’re not taken seriously as victims, she said, nor are they safe to report criminal behavior they might witness, such as human trafficking or child abuse.