Legal Corner

The Erotic Service Providers Legal Education + Research Project" files a constitutional challenge.
ginainthemorning See my TER Reviews 2018 reads
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I want to tell about special case that is going to be filed in federal court  against California district attorneys and the California state attorney general for violating the constitutional rights of individuals who seek the right to be compensated for or to give compensation for private intimate contact. This conduct is currently criminalized as prostitution in California.        
       
This case is being sponsored by the Erotic Service Providers Legal,  Education and Research Project, a non profit, a diverse community based group of erotic service providers and community member who are work towards empowerment by advancing sexual privacy rights. One way to advance sexual privacy rights is  launch a legal impact case such as the one I’m going to tell you about.        
       
So far they have a top notch litigator who has experience arguing these types of constitutional issues before the US Supreme court. He is specialist so of course he’s quite expensive, but we think its well worth it.        
       
Then there are the plaintiffs. The female plaintiffs represent the people who want to assert their right to be hired to provide intimate private contact which is currently criminalized under the anti prostitution law. They are ordinary women who have children, families, hobbyies and lives outside of work just like every else.  They just want to raise their families and live in peace with access to equal protection under the law, like everybody else.        
       
Then there is the customer plaintiff, who has stepped forward to represent the right compensate for intimate private contact. He wants the right to hire comfort without being arrested for prostitution.        
       
The case will also demand the right to associate and right to organize without fear.        
       
The type of relief we are seeking from the court will be accessible to other through out the united states to keep unjust criminal charges from being filed and to keep the police from arresting erotic service providers and instead force prosecutors to provide equal protection under the law.        
       
This court case might take as little as a year to litigate or as long as several years. Many people have stepped up and contributed to this cause so far but more help is needed.  The hope is that with your help we will end negative social stigma and the resulting discrimination in housing, employment, education, child custody and access to financial institutions for being compensated intimate private conduct in our life time. Our constitutional rights are human rights and must be upheld NOW! Now is the time!        
       
For those who keep saying that the justice systems mistreatment of sex workers isn’t right, its your chance to make a contribution and help us take this landmark step by  making a tax deductible anonymous donation.

$30K will get you as far as your first motion to dismiss (or, for Californians, your first demurrer). To get to trial will take at least $75-100K, and an appeal (one) will add another $30K, minimum.  

And if you have a top-notch attorney, they run $1K or more an hour for this kind of stuff, even if they're giving you a rate.

Good luck.

the probability of success on this, particularly with the makeup  of the current US Supreme Court, is so close to zero as to be statistically irrelevant. The court is likely to to note that this is a legislative issue, not something that the judiciary should decide. It would be akin to a drug user bringing a similar suit, saying that their use is medicinal. Just as in that arena with what's been going on with MJ in various jurisdictions, the avenue for change is the state legislature, not the courts. Understand, I think our society is WAY too paternalistic and that all of these activities should be legal amongst consenting adults. I just don't think this is likely to precipitate they change your looking for, other than to raise awareness. This, too, will be a double edge sword. Rest assured that there will be plenty of opposition to this and I'm sure you'll be looking an amicus brief or two.  Good luck anyway!

COYOTE v. Roberts (Rhode Island, 1981)
Summary
http://esplerp.org/legislation/litigation/

We know this won't be easy and yes it will cost a lot more money,  so lets remember that gay people only won their rights through the courts and it took years and several courts challenges to gain their rights.  Do you really think we should just give up and let them keep arresting us, and what about "end the demand" and the new trafficking law that just passed that classifieds clients as traffickers.  Now while I know prostitution laws usually don't effect clients all that is changing fast as they have decided all the women are victims and they have to go after the men and the demand.  

Many of us do regulatory lobby against bad legislation and we are drafting new legislation, but shit we can't even afford a lobbyist because the adult community doesn't support our efforts.  

We have nothing to lose by trying and I am not just going to rollover and take these human righs violations any more.  Its time for the adult community to step up and support our efforts because we already know whiinning alone doesn't yield any results

Unfortunately, I agree. I'd like to see it succeed and at least create some interpretational room for further litigation, but I honestly see it being tossed for lack of standing, lack of definable responsible party or merely seeking an advisory opinion. Of course, I haven't seen the actual documents filed.

The brief does include 5 claims, so that is 5 ways prostitution laws are violation our constitutional rights and rarely are these cased dismissed right off the bat.  

The trafficking bills just pasted and they now can charge clients as traffickers even if the client doesn't know someone is a victim.  Keep in mind all a escort has to do is claim her boyfriend made her do it and she becomes a victim and her client becomes a trafficker or go forbid the escort is underage.

Let's pray the EFF gets a injunction on this asap like they did with Prop 3

and as I said, I hope that it succeeds - in whole or in part.

Unfortunately, I see this as being 95% politics and 5% law... so the visibility, support, and clout required to succeed (and not just from within the adult industry) needs to be very large. Change one law and the decision is moot... as in COYOTE. The morality hawks in our police surveillance state will continue their war to control everyone else's mind and body (talk about enslavement and trafficking!).

I certainly hope additional support from the likes of ACLU, EFF and others can be brought to bear to assist with the success of this challenge!! I wasn't aware that EFF had sought injunctive relief on the trafficking legislation.

I applaud and support the effort, and I see it adding to growing pressure for slow and incremental change. I think the free speech provision is obvious and success, even partial, breeds greater success.

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