Update on Declaratory Lawsuit Challenging the Prostitution Law
The ESPLERP action challenging the prostitution law on Constitutional grounds is in Federal Court.
Erotic Service Providers Legal, Education and Research Project (ESPLERP), is a non-profit, a diverse community-based group of erotic service providers and community members who are working towards empowerment by advancing sexual privacy rights.
Summary of filings and Court Orders:
On March 11, 2015 the two attorneys from Ohio (Sirkin and O'Connor) were granted "Pro Hac Vice." This means in English, that a lawyer who has not been admitted to practice in a certain jurisdiction but is allowed to participate in a particular case in that jurisdiction. i.e. the attorney's are members of the Ohio bar but not California where the case is being tried at the Northern California Federal District Court.
Whoever loses the case will probably appeal to the 9th Circuit that includes Arizona and many other Western States.
On 4/13/2015, All the parties waived service (of a summons). Answers by the Defendants (District Attorney San Francisco, three other County District Attorney's and the Attorney General for the State of California) are due 5/12/2015. (later vacated see further orders below)
The Defendants are filing a motion to dismiss (even before they answer) under Federal Rule of Civil Procedure 12(b)(6) to dismiss for failure to state a claim upon which relief can be granted.
The purpose of this rule includes where answering the complaint and preparing affirmative defenses would be a substantial undertaking. The theory is to dismiss a complaint that is so lacking in merit that no answer is necessary.
The motion to dismiss was filed after the Answer date of 5/12/2015 was set (extended from the usual 20-day requirement to file). The motion stops the clock on the answer filing date, pursuant to FRCP 12(a)(4).
Successful motions to dismiss a complaint are a rarity, more the subject of law school civil procedure classes than actual practice. A reason is the modern doctrine mandating liberal pleadings standards. In effect, this means that courts will look not so much at the artfulness in the drafting of the complaint as much as the substance of the purported claim. The courts have a general policy of determining actions on the merits if the claim is fundamentally meritorious and only had technical deficiencies.
I note the attorneys are very experienced in these types of Complaints so hopefully the motion to dismiss will fail.
On 4/20/2015 an order was issued vacating the answer date and setting date to file opposition to the motion to dismiss 6/8/2015, Reply by Plaintiffs by 6/23/2015 and a Motion Hearing set for 8/27/2015 at 9AM in Courtroom 5 Federal Court House in Oakland before Hon Judge JSW.
If ESPLER can defeat the motion, the case will go on to the answer and discovery phase that could take a long time with other various motions to suppress, etc. likely by the State.
Funds are needed for the legal fees. Maxine has been organizing this effort for years. She even came to my home in Phoenix for a meeting of local sexworkers. She has been outspoken in the media supporting the reversal of erotic provider laws for in private consenting adults and needs everyone's support that can be given at
https://liberatetoemancipate.tilt.co...tetoemancipate
Unlike the rest of us that keep preaching and writing articles, Maxine has done something about it by organizing and filing this lawsuit.
As Maxine says, "For those who keep saying that the justice systems mistreatment of sex workers isn't right, its your chance to make a contribution and help us take this landmark step by making a tax deductible anonymous donation." (They are a 501c3 non-profit educational foundation.)
ESPLER website with information:
http://esplerp.org
On the Phoenix Private List forum, I have my summary of the case and the basis for the complaint as I view it. The filed Complaint that is one of the best I have ever seen on the legal issues is an attachment at
http://phxlist.com/forum/showthread.php?tid=4158
The forum is the public highlights from the much larger Phoenix Private List that is sent by e-mail to about 350 companions and erotic service providers on legal and industry issues. It is free and part of the Liberated Christians, Inc outreach (libchrist.com), a non-profit corporation. We are not seeking any donations related to this cause other than to support ESPLERP. I am not an attorney and do not provide any legal advice. I just monitor and have been outspoken on many cases and legal issues I have followed and advocated for over a decade for the issues of consenting adults, as private, erotic service providers and their customers.
Update on Declaratory Lawsuit Challenging the Prostitution Law
