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A 9th U. A three-judge panel unanimously rejected the group's claims that the law violates the constitutional rights to sexual privacy, intimate association and free speech.
It said that commercial prostitution is not the type of intimate sexual relationship protected by a landmark U. Supreme Court decision, Lawrence v. Texas, that decriminalized homosexual conduct. Judge Jane Restani wrote, "The duration of the relationship between a prostitute and a client does not suggest an intimate relationship. The panel said the state had a rational basis for enacting the law to reduce trafficking and violence against women and children and to cut down on the use of illegal drugs and spread of sexually transmitted diseases.
Restani, a visiting U. Court of International Trade judge temporarily assigned to the appeals court, was joined in the decision by Circuit Judges Consuelo Callahan and Carlos Bea. The California prostitution law was enacted in and amended since then.
Maxine Doogan, a spokeswoman for the advocacy group, said it will appeal. The first step in the appeal will be to ask the 9th Circuit to reconsider the case, she said. The group was joined in the lawsuit by three unidentified former prostitutes and a disabled man who said he wanted to be a respectful client of erotic services.
The appeals court upheld a ruling in which U. District Judge Jeffrey White of Oakland dismissed the lawsuit in Nearby Places. Back to the San Francisco Patch. Read more local news from San Francisco. Find out what's happening in San Francisco with free, real-time updates from Patch. You're now signed up for local updates. Daily Newsletter The latest San Francisco news delivered to your inbox every morning.