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ginainthemorning See my TER Reviews 1278 reads
posted
1 / 17

"The Erotic Service Providers Legal Education + Research Project" files a constitutional challenge.  
   
   
https://liberatetoemancipate.tilt.com/liberatetoemancipate  
   
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.  
   
   
The BRIEF: http://esplerp.org/here-is-the-brief/

2236707 3 Reviews 510 reads
posted
2 / 17

in an ultimate ruling if this proposed lawsuit ever gets that far.  Best of luck though & I sure will contribute on that website.

JohnyComeAlready 506 reads
posted
3 / 17

On the other hand PIC (personal intimate contact) for compensation may become the only type of PIC allowed, if PIC for compensation is fully legalized - IE the proceeds become taxable.

 
Who would want that to happen?

rainrainrain 29 Reviews 537 reads
posted
4 / 17

Thanks for this post!  It should be distributed across all the TER boards.  I wish the Project the best and will provide tangible and moral support.

Social change in favor of liberty is occurring on many fronts within our country.  For instance, the legalization of marijuana and gay rights.  Much of the same logic propelling these issues applies directly to the subject constitutional challenge.

However, I think it is an interesting and useful exercise to imagine how a ruling overturning laws which prohibit compensation for intimate services between consenting adults (i.e., prostitution) would impact society at large, women, "hobbyists", etc. Would TER become the TripAdvisor of the hobby?  How would the government regulate the industry, for good and bad?  How would legalization impact service providers and hobbyists?

Ideas have consequences (both positive and negative) and it is both useful and fun to explore them proactively.

Congrats to the plaintiffs for their courage.

GaGambler 477 reads
posted
5 / 17

and yes that includes money earned from drug dealing, bookmaking and even the income earned by hookers. Just because these activities are illegal doesn't mean the IRS still doesn't want it's cut. Don't you remember Al Capone?

ginainthemorning See my TER Reviews 563 reads
posted
6 / 17

Indoor prostitution was decriminalized in Rhode Island from 1979 until 2009, because Coyote sued the Rhode Island  state attorney.  See Coyote vs Roberts at  http://esplerp.org/legislation/litigation/
In Rhode Island the spa's and many of the workers did pay taxes and the spa's even donated money to the state police.  These businesses did not have any other regulations than any other businessed had, and the women were free to work from home, hotels or for agencies or spas.  

If we win all paid sexual service between consenting adults will be decriminalized.  

The US government currently spends 686 million a year trying to abolish prostitution,.  hmm If the government makes sex workers pay taxes, wouldn't that make Uncle Sam the pimp-trafficker?

LamontCranston69 749 reads
posted
7 / 17

OK let's say this law passes, now you have to regulate this business.  
That means the ladies will have to keep books on who they see and how much they got paid.
They are going to need Tax Id # and will they need to send out W-9 forms to clients?  

 
I doubt the IRS is going to take a providers word for this, So they will need to have receipts for this transaction. I also doubt that Joe Smith or John Doe is going to work on for those receipts. They are going to want real name and address and so forth.  

Now what if a provider gets audited, they are going to have to turn over all that information to the IRS and the IRS is going to have to contact these guys in some way to make sure thing are on the up and up.

Now try to explain to a SO, wife or friends, that you are part of an audit of a escort.

Also forget about being under the radar, you business will be out and in the open for everyone to see.  

Great idea, but I'm thinking they have no idea of the best way to implement this law. If it ever pass it.

Just my thoughts on i

rainrainrain 29 Reviews 685 reads
posted
8 / 17

You raise some valid points LC.

However, there are complications associated with "the hobby" in its present form, primarily based on moral expectations from society and SOs.  I don't see those changing in the near term due to legalization.  Other activities are legal but people still participate while making every effort to keep their participation undercover.  (E.g., pornography,  legal pot, massages, etc.)  Knowing I can't be arrested for one of the many violations associated with "the hobby" would be a major relief.

Also, there are ways to participate in commerce Anonymously. I pay my bartender, my barber, my lawn man, etc. with cash.  As far as I know, they keep no record of my business.  How they report the income is up to them.  I don't see this part of "the hobby" changing much.

Of course, the hypocritical moronic lawmakers will find a way to screw it up!

wrps07 642 reads
posted
9 / 17

It was the Woman's Christian Temperance Union at the turn of the century in the early 1900's. They were the ones who went to all the states to get prostitution on the books as being illegal.

ginainthemorning See my TER Reviews 614 reads
posted
10 / 17

Whether we get legalized or decriminalized the IRS can not make providers keep a client list.   Many providers are already paying taxes as escorts, entertainments or consultants and even escort agencies file taxes without showing the IRS any list.  Tons of business take in cash and they are not required to show client lists. Most escorts already have a client list, on their laptops and phones.    .

You know the new trafficking bill that they are trying to pass wants to charge clients with trafficking and make them pay a 5,000 fine.

 
Try explaining to your spouse why you ended up in a "end the demand sting

hunter467 52 Reviews 438 reads
posted
11 / 17

I'm not sure that will happen in this instance. Justice Anthony Kennedy tends toward the liberal side on social issues and Chief Justice John Roberts is something of a wild card. Besides, who knows what will happen if one or more of the current justices dies or retires before the case gets that far.

wrps07 608 reads
posted
12 / 17

About that bill.  

Thanks.

JazzCrusaderII 58 Reviews 532 reads
posted
13 / 17

That article says they were interested in making it illegal but it never quite says they were responsible for it.  There were host of religious and LE (the BOI the precursor of the FBI for one) that contributed to it as well. It would be hard to lay the blame/credit/responsibility on any one group.

Anyway.  Have a good day.  BTW this is not an attack on you---or even your thesis.  It is just another point of view

LamontCranston69 606 reads
posted
14 / 17

You seem to forget, if the Feds pass the law, it means the state to get regulate it. Good luck with that. Every state is going to be different. Now what if a lady travels to another state to do business? She is going to have to abides by there laws  Like states that have heavy handed human trafficking laws, how is that going to work, as of right now ever agency is breaking the law by bring in ladies from other states. How does that work out.  

As for tons of business that take in cash, they still need to show some kind of receipt  of taking in the money, They do have cash registers, Oh yes there are ways around it, but in the end you need a paper trail for the money you make. There is no way a state or Federal IRS is going to take someone word on how much money that made in a year.  They want proof if it, and that means receipts or some other kind of information to prove it.

Like I said good idea, but no thought in how to implement the idea.

Oh and lets not forget the health dept, they are going to what to get involved with this, monthly testing for the ladies, they will have to carry a card proving they are clean. maybe even have the guys carry them to.  

Remember this is a law people are going to like they are going to make sure it is very difficult for everyone.

 
Just my thoughts on i

ginainthemorning See my TER Reviews 775 reads
posted
15 / 17

Once again this worked in Rhode Island for over 30 years and did not have any of these issues with regulations.  It is a summary judgement we are seeking from the courts, which would stop all forms of discrimination by the state.  
 As a member of the erotic service providers union, we will be at the table  and ready to combat any regulations + legisaltion that is unfair to the workers or the clients.
So when we look at  the alternative which is to stay criminalized, why would we  be allow  "end the demand" to pick up more steam in the US and start arresting mass amounts of clients.

hmm gay people didn't win their rights with their first court case, but the courts did rule "criminalizing people for having sex with the same gender was unconstitutional" so then they had to get discriminant and hate crime legislation.

Since they cant police even 1% of the industry, do we really think they have any chance of trying to regulate it, as that would create a 2 tier system of illegal workers and legal workers.

http://esplerp.org/here-is-the-brief/
 
Here is the brief:

ginainthemorning See my TER Reviews 543 reads
posted
16 / 17

I cam across this while researching, and it shows how laws in CA were created for prostitution at the same time they were created for homosexuals and thus the state never gave a reason for the criminalization.  Even in Rhode Island our original prostitution laws were created "to stop a woman from showing her wares in public"

http://www.unmarriedamerica.org/Archives/1980-prostitution-law-challenge/legal-brief.pdf

freakydeaky 494 reads
posted
17 / 17

I would prefer to see the hobby decriminalized rather than legalized where it would be regulated and taxed. I DO NOT want to give the government the power to be able to tell me which hobby activities are legal and which are illegal BCD. Decriminalization, however, would also hopefully end mistreatment of sex workers and place sex work low enough down on LE's priority list that they wouldn't want to be bothered by it and/or have to show up for court for it. Additionally, hobbying is already expensive enough as it is without the government tacking another 20%-30% tax on top of that.

All of that being said, I wish you the best of luck with the case.

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