Sex Work Would Be Broadly Legal in New York Under New Bill Introduced Monday

shadowcat
Atlanta suburb
Sex work would be broadly legalized in New York state under a first-of-its-kind bill introduced by state legislators on Monday.

A group of lawmakers first called for legislation in February, but on Monday they finally came forward with a 13-page bill that would bring dramatic changes to the sex trade in the state.

The bill, written with advocacy group DecrimNY, would make it legal to both buy and sell sex under certain circumstances and modifies laws around facilities that are used as places of prostitution.

"For us, this is a bodily autonomy issue — our bodies, our choice — but more than that, it’s an economic issue. And it’s personal," Jessica Raven, one of Decrim NY's organizers, wrote in a Daily News op-ed Monday.

Two of the bill's sponsors, state senators Jessica Ramos and Julia Salazar, have said that 9 out of 10 people arrested in sex-work-related massage parlor raids are immigrants, with most being undocumented Asians.

.@DickGottfried reminds us that once upon a time, sex outside of marriage was criminalized, and not long ago, marriage between two people of the same gender was criminalized. Decriminalization of sex work is next! #decrimNY

LGBTQ youth, who often run away from home seeking acceptance, trade sex at 7 to 8 times the rate of other youth in New York City, Ramos and Salazar say.

A companion bill was also introduced in the Assembly on Monday, with five sponsors.


Nevada is right now the only U.S. state where prostitution is legal in some counties.



Sounds good to me.

46 comments

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Papi_Chulo
5 years ago
Never thought I'd agree wirh NY politicians but ...

Hopefully it'll be the start of something way overdo
Muddy
5 years ago
Maybe it’s time to head back home.

The fact that it’s started to at least be brought to the table is a huge win. Honestly NYC should be on the cutting edge of the sex industry in America, with so many foreigners that come from places where sex is not the devil. It is not. I hope it goes far to at least start more conversations on this issue. To lock somebody up for to consenting adults to have sex is so unbelievably wrong. Stop the madness.

Thanks SC.
Icey
5 years ago
Here is the proposed bill...

https://legislation.nysenate.gov/pdf/bil…


Its very poorly conceived.... it won't pass. If it does, it will get struck down as unconstitutional since it contradicts Federal labor laws. Basically, the relationship between a hoe and a trick isn't protected by the Due Process Clause of the Fourteenth Amendment."

And hoes' rights to earn a living is not violated by the criminalization of hoeing coz hoeing is illegal and there is no constitutional rights to engage in illegal employment.

What makes Nevada's whore houses legal is the regulations in place and the fact that these regulations have been in place and evolving for almost a hundred years now. Although the state is slowly phasing prostitution out....Coz modern legal interpretations basically admit that NV's hoe houses were just grandfathered into the system....and even with regulations, are still violating state nuisance laws. TBH states would probably be able to legalize if they followed NV's example, but they don't want to invest in the regulatory infrastructure so they come up with half assed laws that get struck down....
Warrior15
5 years ago
Interesting that the two politicians introducing the bill are female.
Lone_Wolf
5 years ago
Would this make prices go up or down. Bunny Ranch costs a fortune for legal vjay.
Papi_Chulo
5 years ago
I assume Nevada prices are high in large-part bc they are the only place in the US where it's legal so they sorta have a monopoly - but could also be that the gov taxes & fees the hell out of those places
Icey
5 years ago
In NV, the upkeep of regulations is payed by a $100,000 to $200,000 licensing fee depending on the county in question.

Interestingly, NV hoe houses don't even pay the state entertainment tax or any other fee besides licensing. They do pay Federal taxes though.


As far as the NY legalization bill being promoted by women... it has to do with the anti trafficking and health check up/regulatory factors involved.


Personally, I think legalization would just push prostitution further underground.... marginalizing the women who need help even more. Legalization entails regulation, licensing, income tax, place of employment, etc... labor laws would have to be amended to include legal brothels or designated red light districts. This coupled with private sector greed would drive prices up..... Also keep in mind legal prostitutes wouldn't be in the same desperate situation as those who charge less just to make some money. Its a very different dynamic.
gawker
5 years ago
I’m sure you’re right IceyLoco, but what was the experience with those same issues when Rhode Island discovered that their prostitution laws were only applicable out doors. Strip clubs became de facto brothels for four years. And coincidently sexual assault and STI rates decreased.
Call.Me.Ishmael
5 years ago
^^^ He's not wrong.
boomer79
5 years ago
It should be legal and thee should be regulations to make sure it’s safe and consentual. That being said I’d be shocked if prostitution were legalized in New York. It could have happened at one time but the sex trafficking myth was created to offset the fact that people were more relaxed about sex than they used to be. Sex trafficking does exist but it’s not what most anti-prostitution people are really concerned about. It’s about controlling behavior they find immoral or distasteful.
prevert
5 years ago
I don't think that contradicting federal labor laws, laws that aren't in the constitution itself, make something unconstitutional. I don't mean to say it will pass, or the feds won't challenge it, but it won't be on constitutional grounds.
Icey
5 years ago
Trafficking isn't a myth. Its a major problem in large cities. And its not just about prostitution. The trafficking of illegal labor is a huge money maker for gangs and organized crime.

The decriminalization of indoor prostitution in Rhode Island was a huge boost for organized crime and the drug trade. Hence why the interpretation of the state's prostitution laws was quickly altered.



san_jose_guy
5 years ago
It all sounds interesting, need to look into it.

SJG
rickdugan
5 years ago
Icey, I've actually read the proposed bill and there is nothing about licensing, checkups or any of that other stuff, nor has any agency named to regulate it in any way. The bill is a simple decriminalization effort. Maybe that's all coming at a later date through a separate bill, but it's not there now.
rattdog
5 years ago
assuming that this bill does get approved and becomes officially legal, how will "providers" be advertising their services?
Call.Me.Ishmael
5 years ago
IceyLoco said "The decriminalization of indoor prostitution in Rhode Island was a huge boost for organized crime and the drug trade."

No, it wasn't.

"Hence why the interpretation of the state's prostitution laws was quickly altered."

Quickly as in the 29 years from decriminalization in 1980 to 2009? And the first attempt to overturn decriminalization started in 2003 and failed every year until 2009.
Icey
5 years ago
Rickdugan.... The bill won't get approved, its very poorly conceived for the fact that it lacks those regulatory premises. Decriminalization violates Federal law in that it opts out of enforcing said laws. Its basically the same argument as sanctuary cities make.
Call.Me.Ishmael
5 years ago
Sure. Also, exactly like how the federal government quickly cracked down on the 33 states where medicinal pot is legal, including 10 states where recreational pot is legal, even though that contradicts federal law.

Wait... what...
rickdugan
5 years ago
Icey you're talking out of your ass. There is no federal law against prostitution. Also, there is not a single comment in any press release where any lawmaker has raised those issues. If it doesn't get passed, it will be far more likely due to a lack of political coverage from legislators representing more socially conservative parts of the state.
Jascoi
5 years ago
*fingers crossed*
Icey
5 years ago
Rickdugan, legalizing prostitution has been deemed unconstitutional because it violates labor laws. Federal laws prohibit illegal labor. Prostitution is illegal labor. The act of solicitation means illegally hiring someone to perform lewd acts. Its linked to tax evasion and racketeering laws as well. And Federal laws address is specifically in the context of human trafficking and sex trafficking in criminal and immigration laws.

Call.Me.Ishmael
5 years ago
No. In ESPLERP v. San Francisco, the 9th Circuit ruled:

“There is no constitutional right to engage in illegal employment, namely, prostitution,” - Judge Jane A. Restani.

But, if prostitution is deemed legal by state law, then the finding by the 9th Circuit becomes null, seeing the ruling hinges on the illegality of prostitution.
Icey
5 years ago
It won't be deemed legal by state law.... NV's brothels were kinda grandfathered into the system. Which is why they have to mention the state law thing.
rickdugan
5 years ago
Icey, that labor law argument is about the stupidest thing I've ever read on here, which given where we are is saying something. 😉
Icey
5 years ago
Rickdugan, its not stupid.... Every form of labor is regulated and taxed. Illegal labor is a gateway crime... tax evasion, racketeering, labor fraud, human trafficking, sex trafficking, money laundering, immigration fraud, tax fraud, conspiracy to commit, aid or abet tax violations, mail and wire fraud... predicate crimes and conspiracy to commit said crimes...and you can pile everything on. Its a serious matter.
prevert
5 years ago
The amount of stupid in this thread is monumental. Please cite the case(s) where prostitution "has been deemed unconstitutional because it violates labor laws."

You circular reasoning is dizzying.
Call.Me.Ishmael
5 years ago
IceyLoco said "It won't be deemed legal by state law...."

We *almost* agree. It won't be deemed legal in NY, because the NY law won't pass. The reason it won't pass isn't based on labor laws or the Constitution, but simply because the political will isn't there.

But if it did pass, neither labor laws or the Constitution would stop it from being enacted. I mean, I'm sure it would be challenged in court by social conservatives using whatever they think might stick. But there is no federal, Constitutional, or labor basis that blocks it directly.

"NV's brothels were kinda grandfathered into the system."

NV state law is not relevant to NY state law.

"Which is why they have to mention the state law thing."

Who is 'they'?

Also, while there have been several threads where you've given off the whiff of being a woman, and possibly a stripper, the odor in this thread is particularly strong. No idea if it's true or not, but there you go.
Icey
5 years ago
If it did pass, it would be struck down based on its unconstitutionality.


NV and NY are in the same country. The Constitution states that the laws of other states are given full faith and credit. Its the main legal interpretation of Article 4.



You know who they refers to and the context its being used in or are you retarded? NY's legislators.

Calling me a woman and specifically a stripper as if it were aimed at being an offense, shows your misogyny.

As if opposing paying hookers for sex is somehow unmanly. I'd argue the opposite.
rickdugan
5 years ago
Icey, the illegal employment can only be illegal if the underlying act is illegal. If there is no federal or state law which prohibits a girl from willingly taking money to suck my dick, then no illegal act has occurred. You're misapplying a phantom labor law that doesn't exist.

If you disagree, please feel free to link a copy of the applicable federal labor statute which specifically addresses prostitution. Otherwise spare us this multi-month repetitive nonsense.
Icey
5 years ago
Not true. If you hire an illegal contractor, mechanic, roofer, etc, its the same premise. Hence why solicitation is a crime. Prostitution is directly referred to in trafficking, sex trafficking, military law and coercion and enticement laws...

When AMPs and extras clubs are raided and shut down, its the predicate crimes....crimes that arise due to the underlying condition aka illegal labor, that get them shut down and get people locked up.

If you claim prostitution is legal, then go openly solicit and use your argument before a judge. See how far it gets you.

You don't understand the legal and ethical premises of why solicitation, enticing someone to engage in an illicit act, is illegal...
Call.Me.Ishmael
5 years ago
Well, I guess we'll find out when a state eventually makes prostitution legal. Though there's no political will right now, it's being considered more often as time goes on.
rickdugan
5 years ago
Icey, we were talking about once NY legalizes it. And no, prostitution is not prohibited anywhere other than in state law. Forcing someone to do it is, but the mere act itself is not a federal crime.

I'm starting to think that you are a bit retarded and that your brain is struggling to process simple concepts. And no, this is not one of those situation where all opinions are equally valid - you're twisting shit that doesn't exist into a weird alternate narrative that doesn't apply.
Call.Me.Ishmael
5 years ago
No, he's not retarded. Well... not the way way you mean.

He's a troll perpetuating an endless argument for his own juvenile jollies. He fully understands the points being made (I suspect) but cogent debate is not on his list of motivations.

I don't always make the best time management choices, but a circular debate with someone who is being intentionally obtuse about legislation that isn't going to pass goes beyond the Pale even for me.

But keep at it if it's fun for you.
twentyfive
5 years ago
As far as I can see federal laws do not address prostitution being legal or illegal just regulates interstate practices via trafficking statutes, and the Mann Act, the rest is state by state, no mention anywhere in the US criminal code for or against and as usual loco is talking out of his ass, with no knowledge of the issues involved just his usual uninformed opinions.
rickdugan
5 years ago
Well, I'm still voting for retarded, but I may indeed be even more retarded than him for debating with him. 😉
twentyfive
5 years ago
^ that’s a point you shouldn’t take lightly and neither should any of us here.
Icey
5 years ago
CMI, the retarded comment was for you.



You guys don't understand the legal system. Prostitution is illegal.....

25, you bring up the Mann Act yet have no problem with illegal brothels masquerading as massage parlors. You do realize that the Mann Act considers "consensual" sex with a trafficking victim is illegal.


But like I said, go get yourselves arrested for solicitation and then give the judge your defense, see how far it gets you.

Call.Me.Ishmael
5 years ago
And more of the same...
Icey
5 years ago
Yeah more of the same, more facts. All you spout is your lame attempts to justify prostitution coz you pay hoes.
Call.Me.Ishmael
5 years ago
lol
twentyfive
5 years ago
Loco I’ll bet you pay prostitutes far more often than I ever have. I don’t need to I actually have a real relationship with a real woman, you only have those fat tatted up IG pics that you tape to a pillow every night and pretend she’s your gf, but irl even those ugly hos wouldn’t even give you the time of day.
Icey
5 years ago
Derailing the thread to troll as usual.... and you're quite wrong at that
twentyfive
5 years ago
LOLZ
san_jose_guy
5 years ago
Defending Sex Workers, from San Francisco
http://www.streetsheet.org/wp-content/up…

SJG
san_jose_guy
5 years ago
S. 6419 A. 8230

https://nextcity.org/daily/entry/new-yor…

https://theappeal.org/the-police-act-lik…

https://www.decrimny.org/

Article says Andrew Cuomo will not sign it.


latest news:
https://www.decrimny.org/blog

I think we do need to decriminalize, and while there will be objections to this, I don't see there as being any real problems.

Interested to hear more about what when down in Rhode Island.

SJG
san_jose_guy
5 years ago
DecrimNY celebrating Tiffany Caban victory:

https://www.decrimny.org/blog

SJG
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