EROTIC SERVICE PROVIDER LEGAL EDUCATION AND RESEARCH PROJECT; K.L.E.S.; C.V.; J.B., Plaintiffs-Appellants,
v.
George GASCON, in his official capacity as District Attorney for the City and County of San Francisco; Edward S. Berberian, Jr., in his official capacity as District Attorney of the County of Marin; Nancy E. O'Malley, in her official capacity as District Attorney for the County of Alameda; Jill Ravitch, in her official capacity as District Attorney of the County of Sonoma; Xavier Becerra, Attorney General, in her official capacity as Attorney General of the State of California, Defendants-Appellees.
United States Court of Appeals, Ninth Circuit.https://leagle.com/images/logo.png
Argued and Submitted October 19, 2017 San Francisco, California.
Sharon O'Grady (argued), Deputy Attorney General; Tamar Pachter , Supervising Deputy Attorney General; Douglas J. Woods , Senior Assistant Attorney General; Office of the Attorney General, San Francisco; California, for Defendants-Appellees.
Jerald L. Mosley , Law Offices of Jerald L. Mosley, Pasadena, California, for Amicus Curiae Children of the Night.
Allan B. Gelbard , Encino, California; Lawrence Walters , Walters Law Group, Longwood, Florida; Jennifer M. Kinsley , NKU Chase College of Law, Highland Heights, Kentucky; for Amici Curiae First Amendment Lawyers Association and Woodhull Freedom Foundation.
Melissa Goodman and Tasha Hill , ACLU Foundation of Southern California, Los Angeles, California; Elizabeth Gill , ACLU Foundation of Northern California; for Amici Curiae American Civil Liberties Union Foundation of Southern California, American Civil Liberties Union Foundation of Northern California, API Equality-LA, Bienestar, Black Women for Wellness, California Rural Legal Assistance Inc., California Women's Law Center, Equality California, Familia: Trans Queer Liberation Movement, Free Speech Coalition, Genders & Sexualities Alliance Network, Gender Justice Los Angeles, Justice Now, Los Angeles LGBT Center, National Center For Transgender Equality, Transgender, Gender-Variant, Intersex Justice Project, TransLatin@ Coalition, Transgender Law Center, Transgender Service Provider Network.
Carmina Ocampo , Lambda Legal Defense & Education Fund Inc., Los Angeles, California; Kara N. Ingelhart and Scott A. Schoettes , Lambda Legal Defense & Education Fund Inc., Chicago, Illinois; Hayley Gorenberg and Richard Saenz , Lambda Legal Defense & Education Fund Inc., New York, New York; for Amici Curiae Lambda Legal Defense and Education Fund, AIDS United, APLA Health, Center for HIV Law and Policy, GLBTQ Legal Advocates & Defenders, HIV Prevention Justice Alliance, National Alliance of State & Territorial AIDS Directors, National Center for Lesbian Rights, Positively Trans, Positive Women's Network-USA, San Francisco AIDS Foundation, Brad Sears (Executive Director, The Williams Institute), Sero Project, and Sex Workers Project at the Urban Justice Center.
Savanah Lawrence , National Center on Sexual Exploitation, Washington, D.C.; Patrick A. Trueman , National Center on Sexual Exploitation, Washington, D.C.; for Amici Curiae National Center on Sexual Exploitation, Covenant House California, Freedom from Exploitation (California), Coalition Against Trafficking in Women, Space International, Equality Now, Demand Abolition, Chicago Alliance Against Sexual Exploitation, Wichita State University Center for Combating Human Trafficking, Global Centurion Foundation, Survivors for Solutions, National Organization for Women in New York, and Sanctuary.
Before: Consuelo M. Callahan and Carlos T. Bea, Circuit Judges, and Jane A. Restani, Judge.
OPINION
RESTANI, Judge:
Plaintiff-appellant Erotic Service Provider Legal, Education & Research Project; K.L.E.S.; C.V.; J.B.; and John Doe (collectively, "ESP") appeal the district court's dismissal of their 42 U.S.C. § 1983 action. ESP claims that Section 647(b) of the California Penal Code, which criminalizes the commercial...
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