SAN FRANCISCO | In this live-and-let-live town, where medical
marijuana clubs do business next to grocery stores and an annual fair
celebrates sadomasochism, prostitutes could soon walk the streets
without fear of arrest.
DARRYL BUSH | THE ASSOCIATED PRESS
A SEX WORKER, who goes by the name "Violet," poses for a picture at a bus
stop as a bystander waits for a bus in downtown San Francisco on
Thursday.
San Francisco would become the first major U.S. city to
decriminalize prostitution if voters next month approve Proposition K -
a measure that forbids local authorities from investigating, arresting
or prosecuting anyone for selling sex.
The ballot question
technically would not legalize prostitution because state law still
prohibits it, but the measure would eliminate the power of local law
enforcement officials to go after prostitutes.
Proponents say the
measure would free up $11 million the police spend each year arresting
prostitutes and allow them to form collectives.
"It will allow
workers to organize for our rights and for our safety," said Patricia
West, 22, who said she has been selling sex for about a year by placing
ads online. She moved to San Francisco in May from Texas to work on
Proposition K. Even in tolerant San Francisco, its an uphill battle.
Some
form of prostitution is already legal in two states. Brothels are
allowed in rural counties in Nevada. And Rhode Island permits the sale
of sex behind closed doors between consulting adults, but it prohibits
street prostitution and brothels.
In 2004, almost two-thirds of
voters in nearby Berkeley rejected decriminalization. But proponents of
Proposition K say their proposal has a better shot in San Francisco,
which they think is more sexually liberal than the city across the bay.
After
all, the world's oldest profession has long been established here.
During the Gold Rush, the neighborhood closest to the piers was a seedy
pleasure center of sex, gambling and drinking known as the Barbary
Coast.
These days, on certain corners, prostitutes sell their
bodies day and night, ducking into doorways and alleys when police pass
by.
Police made 1,583 prostitution arrests in 2007 and expect to
make a similar number this year. But the district attorney's office
says most defendants are fined, placed in diversion programs, or both.
Fewer than 5 percent get prosecuted for solicitation, which is a
misdemeanor punishable by up to six months in jail.
Proposition K
has been endorsed by the local Democratic Party. But the mayor,
district attorney, police department and much of the business community
oppose the idea, contending it would increase street prostitution,
allow pimps the run of neighborhoods and hamper the fight against sex
trafficking, which would remain illegal because it involves forcing
people into the sex trade.
The San Francisco Chronicle editorialized against the measure, saying it could make the city a magnet for prostitution.
If
the proposal passes, "we wouldn't be able to investigate prostitution,
and it's going to be pretty difficult for us to locate these folks who
are victims of trafficking otherwise," said Capt. Al Pardini, head of
the police department's vice unit. "It's pretty rare that we get a call
that says: 'I'm a victim of human trafficking' or 'I suspect human
trafficking in my neighborhood.'"
The proposition would also
prohibit police from accepting federal or state funds for sex
trafficking investigations that involve racial profiling. Such
investigations often arise from raids on brothels that advertise as
Asian massage parlors.
"We feel that repressive policies don't
help trafficking victims, and that human rights-based approaches,
including decriminalization, are actually more effective," said Carol
Leigh, co-founder of the Bay Area Sex Workers Advocacy Network and a
longtime advocate for prostitutes' rights.
But San Francisco
District Attorney Kamala Harris said the ballot question mistakenly
assumes prostitution is a victimless crime.
"The crime of
prostitution does not exist by itself," Harris said. "Along with it
come pimps, johns and other crimes that really impact the safety of
neighborhoods."
If the measure passes, supporters say,
prostitutes would not feel the need for pimps as protection. But
opponents insist it would embolden pimps who trap drug addicts into
prostitution by plying them with drugs.
"The proponents usually
paint a fairly rosy picture of two consenting adults and a monetary
exchange at the end," Pardini said. "They don't factor in the people
that are being exploited and people that are being controlled, the ones
manipulated both physically and chemically."
Source: TheLedger.com