SAN FRANCISCO—Less than a month after the Ninth Circuit Court of Appeals denied the plaintiffs' motion to reverse a trial court's dismissal of the lawsuit filed by the Erotic Service Providers Legal, Education and Research Project (ESPLERP) to eliminate California's anti-prostitution laws, that court has denied First Amendment attorney H. Louis Sirkin's Petition for Rehearing/Rehearing En Banc.
The case is Erotic Service Providers Legal, Education and Research Project (ESPLERP), et al v. Gascon, et al.
"Judge Callahan and Judge Bea vote to deny the petition for rehearing en banc and Judge Restani so recommends," the court's Order, issued earlier today, reads. "The full court has been advised of the petition for rehearing en banc and no judge has requested a vote on whether to rehear the petition en banc. The petition for rehearing en banc is DENIED."
Judge Restani, as the author of the Ninth Circuit's opinion upholding the lawsuit's dismissal, was not eligible to vote on whether to rehear the case, but given the character of the opinion, there's little doubt that she would have opposed a rehearing. An analysis of Judge Restani's opinion can be found here.
With the petition's denial, the only place left for the plaintiffs to press their case will be the United States Supreme Court, and considering that court's current makeup—four staunch conservatives, four reliable liberals and one "swing vote" (Justice Anthony Kennedy)—there's little doubt that getting the Justices to agree that California should rescind its laws against selling sex for money will be an uphill battle.
At press time, Sirkin said he would be consulting with his clients to determine what his next steps should be regarding the suit.
Pictured: First Amendment attorney H. Louis Sirkin.
