Today we announced that we have filed a petition in the Ninth Circuit for a rehearing “en banc” (before an eleven-judge panel) asking the full Ninth Circuit Court to reconsider the dismissal of ESPLERP v Gascon [case #16-15927], which challenged California’s anti-prostitution law Penal Code 647(b) on the grounds that it is unconstitutional. You can read the latest filing and the press release here – https://esplerp.org/esplerp-files-for-a-rehearing-before-full-ninth-circuit-to-continue-fight-for-sexual-privacy/
We argue in our petition that in dismissing our case [ESPLERP v Gascon, case #16-15927], the three-judge panel that heard Oral Arguments in October erred on two counts. Firstly in relying on IDK (a Ninth Circuit ruling from 1998) and ignoring Lawrence (the 2003 Supreme Court ruling that established a constitutional right to sexual privacy). Secondly in not applying “heightened scrutiny”. We are hopeful that a rehearing before a larger 11 judge panel of the Ninth Circuit will reverse the dismissal. Again, we don’t know how long it will be before the court decides whether to grant a rehearing and if it does so,
How long it will be before that rehearing happens – but when it does, you, our supporters will be in the front row seat
This is such an important issue, that we just cannot give up now. But in deciding to move ahead, we are taking on additional legal financial obligations. In paying off legal costs associated with the Ninth Circuit Oral Arguments in October, we are expecting additional costs with this latest effort. So the key question is whether we have a realistic chance of raising sufficient funds to keep the fight going – or whether we will just have to let the clock run down on our chance. Your donations now will influence these decisions.
Fundraising
Please help us meet our $30,000 goal so we can carry on with the legal challenge of our Appeal. https://www.crowdrise.com/o/en/campaign/litigate-to-emancipate1
Thanks to all the new folks who stepped up over the past year. And thanks to all who are part of the monthly giving.
● Contribute online at litigatetoemancipate.com
● Hit the PayPal button at http://esplerp.org
● Mail checks to ESPLERP, 2261 Market Street # 548, San Francisco, CA
