14 - Commentary on Erotic Services Provider Legal Education and Research Project v. Gascon

Summary

San Francisco sex workers in California filed a complaint for declaratory and injunctive relief against the district attorney, arguing that the criminalization of sex work violates several constitutional rights, including the right to sexual privacy and free speech. The Ninth Circuit rejected the sex workers’ arguments, concluding, in part, that there is no fundamental liberty interest to engage in prostitution. In addition, the Ninth Circuit relied on the lower court’s determination that there is an established link between prostitution and trafficking. A feminist opinion could offer much more insight into the nature of sex work, the question of sexual privacy, and the reliance on claims that sex work is inherently dangerous.