Sex In The Public Square - sex scandal - Comments

Secondary effects of sexually-oriented businesses

Elizabeth — Wed, 01 Oct 2008 08:33:39 -0700

The assertion that sex-oriented businesses are linked to such problems as property crime, drug dealing and other illegal activities is often made as support for isolating such businesses away from downtowns and high traffic areas. The problem with this strategy is that it is the isolation away from Main Streets and downtowns that facilitates the illegal activity that is used to justify their isolation. Examples of sexually oriented business that are integrated into neighborhoods and mainstream commercial districts do not in fact find such effects. In other words it is the isolation and not the sex that is the problem.

Strip clubs and sex clubs that serve alcohol may be associated with fighting and rowdiness and public nuisance offenses but that is also not a product of the sexual nature of the business. Rather it is typical of bars and clubs more broadly, especially those that attract large numbers of younger people who are more likely to fight than are older drinkers. Cluster enough such establishments together away from other kinds of businesses and of course you have a recipe for all kinds of trouble. Again, not because of the sex but because of the combination of alcohol and the isolation of the businesses away from where others are watching.

I've written at some length about this problem before. You can find some of that writing here and here.

Sex oriented businesses,

feliduca — Tue, 30 Sep 2008 12:59:18 -0700

Sex oriented businesses, although protected under First Amendment guarantees, can facilitate and support undesirable and detrimental patterns of activity in their vicinity. These secondary impacts are incompatible with activities and uses in residential areas, or near educational, recreational, and religious facilities. They also have negative impacts upon local businesses in their immediate neighborhood. When combined with additional sex oriented establishments or establishments serving alcoholic beverages1 the evidence indicates that there are additional increases in undesirable and harmful patterns of activity.

It is important to point out that secondary impacts of sex oriented businesses is not a recent problem. Secondary activities associated with sex oriented businesses have historically included personal and property crimes as well as solicitation for prostitution, gambling, organized criminal activity, illicit drug transactions, shanghaiing/kidnapping, disorderly conduct, and other public nuisance activities. The work of many municipalities in examining the impact of sex oriented businesses buttresses the historic record providing ample evidence in support of regulation and restriction of the location and concentration of these types of business enterprises.

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I agree with profesor Alan

daniel — Mon, 29 Sep 2008 14:38:00 -0700

I agree with profesor Alan Dershowitz that a 4000 dollars/hour escort is not a slave coerced with prostitution, but there is many people obliged to work that way.

Sex Workers Spitzer Speculations

Lisa_M — Tue, 11 Mar 2008 22:12:44 -0700

Elizabeth, I see your point. Spitzer certainly has access to the best legal defense, and clients are rarely charged with solicitation (though there are increasing precedents for arresting and charging johns). Sex workers—both individually and as a group—always take the fall in this kind of media blitz, because the overwhelming chorus of commentators assumes that prostitution is evil.

“Kristin” and the other workers certainly don’t deserve to be arrested and interrogated, but I’m hoping they get off easy. There are several reasons to be optimistic. First, these particular workers seem well connected and can probably afford good lawyers, if they need them. But more importantly, as it turns out, investigators weren’t initially after the Emperor’s Club. They were eyeballing Spitzer’s banking records, and the trail led to the escort service. (NPR has a good story about this and some very important information about post-9/11 banking surveillance: http://www.npr.org/templates/story/story.php?storyId=88116176)

The point is they’re out to get Spitzer, and the sex workers are the casualties (a common position for sex workers to be in). Fortunately, “Kristin’s” real name isn’t in the news so far—because she isn’t being targeted. I’m not a lawyer, but I think it’s fairly common in a case like this for the prosecutor to drop the charge (which would be a misdemeanor) in exchange for “Kristin’s” agreement to testify against Spitzer or her employer. (Sadly, the name of Temeka Rachelle Lewis is in the news, and as you say, she and others running the Emperor's Club are being charged under the Mann Act.)

I suspect that Spitzer will be charged with money laundering, not solicitation. But this probably won't matter as far as the media is concerened. (Note that Al Capone is not remembered for tax evasion, though that was the charge they finally pinned on him.)

In an NPR interview, Spitzer’s Harvard law prof, Alan Dershowitz, points out that no client has ever been charged under the Mann Act: http://www.npr.org/templates/story/story.php?storyId=88104105 This interview is really worth hearing. Dershowitz asserts that prostitution is a victimless crime, a $4000/hour escort is not a “slave” coerced into prostitution, and Spitzer should not resign because politicians sex lives have never adversely effected their ability to govern (except when they’re taken as grounds for impeachment and broadcast 24/7). Finally a voice of sanity in this mess!

Spitzer and the Mann Act

Elizabeth — Tue, 11 Mar 2008 19:52:35 -0700

So much is not known in this situation, and the details seem to change/emerge from hour to hour. At the moment (Tuesday night) it seems that the only people likely to be charged under the Mann Act are the people are the ones who have been charged already: those who were running the daily operations for the Emperor's Club. If Spitzer is charged do you think it'll be a prostitution related charge or a fraud charge or both?

So much seems up in the air right now, but I fear that the double injustice here will be that a law that has historically been applied unjustly will be yet again used to target a group of people -- sex workers -- while allowing another group -- elite men -- to remain shielded.