San Diego

Lawsuit
bbbjbb 36 Reviews 813 reads
posted

Interesting lawsuit filed:
Filed in the U.S. District Court for Northern District of California, the suit finds fault with Section 647(b) of the California Penal Code, which makes it a misdemeanor disorderly conduct charge to solicit, engage in, or agree to engage in any act of prostitution. Passed in 1961, the law states:  

    A person agrees to engage in an act of prostitution when, with specific intent to so engage, he or she manifests an acceptance of an offer or solicitation to so engage, regardless of whether the offer or solicitation was made by a person who also possessed the specific intent to engage in prostitution. No agreement to engage in an act of prostitution shall constitute a violation of this subdivision unless some act, in addition to the agreement, is done within this state in furtherance of the commission of an act of prostitution by the person agreeing to engage in that act. As used in this subdivision, 'prostitution' includes any lewd act between persons for money or other consideration."

"There is no compelling or legitimate governmental interest" in criminalizing these activities, the suit alleges. Of the case's four plaintiffs, three are sex workers and one is an individual who wishes "to represent the right to compensate for intimate private contact." Their main claims are that California's prostitution law deprives individuals of the right to engage in private, consensual sexual activity—"a fundamental liberty interest protected by the Fourteenth Amendment" and "upheld by various courts throughout the United States" (most notably in Lawrence v. Texas)—along with their rights to choose how to make a living, decide whom to enter into contract with, freedom of speech, and freedom of association.

ThePeopleRule438 reads

to the source of your quote would be nice.

It's prostitution if there is a negotiation for lewd or sexual acts in exchange for money.  So, aren't they really just asking for prostitution to be legalized?

It doesn't appear that they've discovered a loop hole or have a legitimate or new argument.

Maybe I missed something.

http://www.hawaiifreepress.com/ArticlesMain/tabid/56/ID/14774/Lawsuit-Could-Legalize-Prostitution-in-Hawaii-Western-States.aspx

The brief is attached.

Posted By: bbbjbb
Interesting lawsuit filed:  
 Filed in the U.S. District Court for Northern District of California, the suit finds fault with Section 647(b) of the California Penal Code, which makes it a misdemeanor disorderly conduct charge to solicit, engage in, or agree to engage in any act of prostitution. Passed in 1961, the law states:  
   
     A person agrees to engage in an act of prostitution when, with specific intent to so engage, he or she manifests an acceptance of an offer or solicitation to so engage, regardless of whether the offer or solicitation was made by a person who also possessed the specific intent to engage in prostitution. No agreement to engage in an act of prostitution shall constitute a violation of this subdivision unless some act, in addition to the agreement, is done within this state in furtherance of the commission of an act of prostitution by the person agreeing to engage in that act. As used in this subdivision, 'prostitution' includes any lewd act between persons for money or other consideration."  
   
 "There is no compelling or legitimate governmental interest" in criminalizing these activities, the suit alleges. Of the case's four plaintiffs, three are sex workers and one is an individual who wishes "to represent the right to compensate for intimate private contact." Their main claims are that California's prostitution law deprives individuals of the right to engage in private, consensual sexual activity—"a fundamental liberty interest protected by the Fourteenth Amendment" and "upheld by various courts throughout the United States" (most notably in Lawrence v. Texas)—along with their rights to choose how to make a living, decide whom to enter into contract with, freedom of speech, and freedom of association.

Register Now!