California’s Prop 35 & What it Means to Escorts

On September 4, 2012, in Op-Ed, by adultbizlaw

As you might be aware there is a ballot measure this fall in Los Angeles County for voters to decide upon – Ballot Measure B – the condom initiative. What you might be unaware of is another ballot measure that could also severely impact porn and the people that work within it. Proposition 35 is a state-wide ballot initiative that will re-write and grossly broaden police power over pimping, pandering and prostitution, basically turning all of it into “human-trafficking.”

What you have to be aware of is that if you work as an escort, even if you are independent and it is your choice, you are subject to this law. And you more importantly, you and those in your life that receive any money from you can have your assets seized and sold at auction and the money given to groups that are fighting human-trafficking. Basically, the government has decided to treat prostitution like the war on drugs. If you make money as an escort, California law enforcement will be able to seize your house, your car, your bank accounts as profits from an illegal activity.  If you care for and provide for an elderly parent(s) with the money you make as an escort the government will also be able to seize their home, their car and their bank account. And you and those around you might have to register as “sex-offenders” under Proposition 35.

Be aware of this poorly written law and vote against it and tell those you know to vote against it.

Here are some bullet points from Maxine Doogan, who heads the Erotic Service Providers Union in San Francisco ( http://espu-ca.org/wp/ ). You can also follow @OpposeProp35 on Twitter for more information ( https://www.Twitter.com/OpposeProp35 ).

  • Prop 35 relies on junk science to lie to voters about human trafficking cases so they can benefit from 100% of the new fines imposes.
  • Prop 35 relies on the failed polices of police engaging in sexual contact in prostitution sting operations to identify human trafficked victims will force the sex industry further underground, making it harder for law enforcement to find and identify actual human trafficking victims.
  • Prop 35 relies on the failed polices of mandating cities and counties to spend millions of dollars to implement and train police officers to enforce this law that doesn’t provide basic protections such as access to equal protection for those who are working in the sex industry or undocumented.
  • Prop 35 could result in children and domestic partners of prostitutes, who are supported financially from a prostitutes’ labor, to be convicted of human trafficking and forced to register on the California sex registry as sex offenders.
  •  Prop 35 is overbroad – it could result in the arrest of and prosecution of teenagers for human trafficking who date, consume alcohol or a controlled substance, and engage in sexual activity an unintended consequence.
  • Prop 35 is overbroad – it will give police too much discretion and will likely result in further police abuse of homosexuals and other disfavored minority groups.
  • Prop 35 relies on the failed polices of further criminalization of consensual private adult sexual activity.
  • Prop 35 will cost the state of California substantial funds to support Proponent’s chosen anti-prostitution trafficking non-profit groups with no oversight or accountability.
  • Prop 35 will cost the state of California untold sums to defend it in court challenges and will be struck down as unconstitutional.
  • Prop 35 penalties which include registering all internet user names infringes upon protected free speech activities such as the right to engage in political dialogue anonymously on the internet and will cost voters money when it is challenged in court and ruled unconstitutional.
  • Prop 35 unconstitutionally limits a defendant’s right to assert a defense at trial – by preventing a defense attorney from questioning an alleged victim about voluntary work in the sex industry and will cost voters money when it is challenged in court and ruled unconstitutional.
  • Prop 35 is overbroad – it makes duplicating and selling obscene materials depicting children a form of human trafficking  and will cost voters money when it is challenged in court and ruled unconstitutional.
  • Prop 35 is overbroad – it would require individuals who engage in any kind of extortion to register with the CA sex registry as sex offenders even though the particular crime may not have been a sexual offense and will cost voters money when it is challenged in court and ruled unconstitutional.
  • Prop 35 is unconstitutionally vague – a law must be clearly written so as to give adequate notice regarding what is the illegal activity and will cost voters money when it is challenged in court and ruled unconstitutional.

If you would like additional information please feel free to download this informational packet authored by Norma Jean Almodovar. Ms. Almodovar is the Executive Director of COYOTE ( Cast Off Your Tired Old Ethics http://www.coyotela.org/ ). COYOTE is a sex worker activist organization. Almodovar worked as a traffic control police officer for ten years. In 1982, she quit her job with the Hollywood Division of the Los Angeles Police Department and began working as a call girl. In 1984, she attempted to recruit a former coworker from the LAPD to begin working as a prostitute. Her actions resulted in an arrest and conviction for pandering. In 1986, Almodovar ran for lieutenant governor in the California gubernatorial election, as a Libertarian. Almodovar’s autobiography was published by Simon & Schuster in 1993.

Prop35InformationPacket

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