11/14/2013 (updated 11/15/2013) – New Port Richey, FL — A city in Florida recently passed a law aimed at aiding police in arresting suspected prostitutes – critics say the law may be unconstitutional.
The New Port Richey city council unanimously passed a new ordinance last week that they claim will aid them in combating nuisance street prostitution along an infamous stretch of U.S. 19.
Effective immediately, law enforcement officers can now detain and arrest certain individuals for prostitution within city limits based on otherwise perfectly legal activities.
According to published reports, anyone within city limits who has previously been convicted of, pleaded no-contest to, or had adjudication withheld for a charge of prostitution may be arrested if they display three of any eight now prohibited actions. For example; A person takes flight or tries to conceal themselves upon the appearance of a law enforcement officer, gestures towards their breasts, groin or buttocks, inquires whether a potential ‘John’ is a law enforcement officer, repeatedly trying to stop or engage passers-by in conversation, trying to stop a vehicle by waving or other gestures, approaching a motorist, leaving with that person, returning to the same place and the repeating the pattern with a different person.
Violators of the new ordinance face up to 60 days in jail and a $500 fine. A second offense conviction can result in up to six-months in jail and a fine of up to $1,000.
Those in favor of the law claim it gives police more authority while reducing the need for expensive and resource intensive stings.
Critics point to other cities who’ve tried similar ordinances that, when challenged, were struck down as unconstitutional.
In a recent case that made the headlines, a Manhattan judge dismissed prostitution charges against a woman whose arrest was solely based on the fact the woman was wearing a pea-coat, tight fitting jeans, high heels and was talking to men in Midtown – no solicitation, no sex, no lewdness…. just fashion.
In her ruling Judge Felicia Mennin stated, “…Any current issue of a fashion magazine would display plenty of women similarly dressed. However, the choice of such outfit hardly demonstrates the wearer’s proclivity to engage in prostitution…”
JohnTV Thoughts: In general JohnTV does not support laws which criminalize otherwise legal behavior.
Certainly the actions listed above are often utilized by street prostitutes – but, and more importantly – those actions are 100% legal.
If these sorts of knee-jerk laws are allowed then where do we draw the line? If you’re in a bar drinking and you have car keys on you should police be allowed to go ahead and charge you with drunk driving?
If I’m taking photos of a federal building or bank should I be arrested for plotting a terrorist act or robbery?
Prostitution, in the eyes of the law, is a verb, not a noun. A person commits the crime of prostitution, they are not legally labeled a prostitute by the courts – despite how the public may see them. As such the crime of prostitution requires very specific elements of the crime for there to be an arrest and successful prosecution.
Furthermore, this law does absolutely nothing to address the cause(s) of prostitution and is 100% reactionary instead of preventative.
Women do not stop prostituting or being prostituted simply because the penalties are increased.
Laws like this are ripe for abuse by overzealous police who feel everyone is guilty its just a matter of figuring out what you’ve done.