US’s Anti Prostitution Pledge Challenged at US Supreme Court
Oral arguments for AID V. ALLIANCE FOR OPEN SOCIETY INT L. at the US Supreme Court April 22nd. C-SPAN may carry it live.
QUESTION PRESENTED:
Whether the United States Leadership Against HIV/ AIDS, Tuberculosis, and Malaria Act
of 2003, 22 U.S.C. 7631(f), which requires an organization to have a policy explicitly opposing
prostitution and sex trafficking in order to receive federal funding to provide HIV and AIDS
programs overseas, violates the First Amendment. 12-10 AID, ET AL. V. ALLIANCE FOR OPEN SECURITY INTERNATIONAL
DECISION BELOW: 651 F.3d 218
JUSTICE KAGAN TOOK NO PART.
CERT. GRANTED 1/11/2013
Analysis Of the PEPFAR’s Anti Prostitution Pledge Includes time line
More information on the anti prostitution pledge
Brief opposing removing the prostitution gag order
From Prosecution to Empowerment
Keynote Speakers:
Marjan Wijers, Former President, Expert Group on
Trafficking in Human Beings, European Commission
Janie Chuang, Former Trafficking Consultant, U.N. Office
of the High Commissioner For Human Rights
Anne Gallagher, Technical Director, Asia Regional
Trafficking in Persons Project; United Nations adviser and
consultant on Human Trafficking
P. David Lopez, Attorney General, U.S. Equal Employment
Opportunity Commission
Ann Jordan, Director of Program on Human Trafficking &
Forced Labor, American University Washington College of
Law
Orlando Patterson, Department of Sociology, Harvard
University
Martina Vandenberg, Founder of The Human Trafficking
Pro Legal Center
University of Southern California Conference on Trafficking 2 1/2 hour video Conference on Trafficking: From Prosecution to Empowerment February 2, 2013 University of Southern California
Judge Issues Temporary Injunction Prop 35
Judge’s injunction blocks Prop 35’s internet disclosure requirement KTVU.com and Wires Posted: 11:02 a.m. Saturday, Jan. 12, 2013
“U.S. District Judge Thelton Henderson said the requirement in Proposition 35 was overly broad in its reach and violated sex offenders’ First Amendment free speech right to comment anonymously on civic issues online.
“Registrants are likely to be chilled from engaging in legitimate public, political and civic communications for fear of losing their anonymity,” Henderson wrote.
The preliminary injunction would remain in effect until a not-yet-scheduled trial was held before Henderson on whether there should be a permanent injunction.”
Press Release No ON Proposition 35 November 8, 2012
FOR IMMEDIATE RELEASE 11.8.2012 PDF
FOR IMMEDIATE RELEASE November 8, 2012
“Voting for Proposition 35 undermines the basic civil liberties of the very victims the proponents say they care so much about. I highly doubt the voters understood that fact or how their votes will work toward the detriment of victims rights instead of protecting victims of trafficking.” Maxine Doogan
Final Statement from NO on Prop 35 Campaign
Tuesday’s vote was deeply disappointing to all who believe in basic civil and human rights for trafficked victims and sex workers under the law.
All Americans are harmed when any of us are discriminated against. By conflating sex workers’ families and communities with traffickers and mandating that adult consensual sexual behavior be punished with mandatory registration on the sex offender registry, fundamental human rights are criminalized.
The unintended consequences and cost to California under Proposition 35 have only started become realized. The American Civil Liberties Union’s Northern California and Electronic Frontier Foundation have filed in federal court and received a temporary restraining order against the provisions that mandated those on the sex offender registry immediately provide to the police a list of internet identifiers on Wednesday.
Meanwhile, we remain committed to ending discrimination and ensuring equal protection under the law and restore human, civil and labor rights to victims of human trafficking and sex workers alike. All workers deserve to be treated fairly regardless of whether their labor is criminalized or includes circumstances of exploitation.
Prop 35 debates didn’t garner much public discourse outside the usual media political forums, which left voters to rely upon the appeal of the measure’s title resulting in a rubber stamping of the bait and switch ballot measure.
It is of course its disheartening to see so much ill will and indifference towards victims of trafficking, sex i workers, our families and larger communities. We’d like to thank those erotic service providers and supporters who stood up and risked so much to speak out without the benefit of equal protection under the law .
It was the first time in modern history that a prostitute led a statewide ballot measure. Completely unfunded, the Erotic Service Providers Legal, Education and Research Project is proud to have called into question the means and motives of those who conflate sex workers, their families and larger communities with sex traffickers and registered sex offenders.
The small band of volunteers gave selflessly, standing up for trafficked victims rights which will be lost under Prop 35. Groups like Black Women for Wellness, victims service providers, academics, international and local sex worker rights groups joined together while Democrats and Republicans as well as clergy and educators contributed to the distortions against us by never bothering to hear from the state registered opposition of this measure.
With limited access to free speech in general and political speech specifically, sex worker groups like other marginalized groups face chronic underfunding. Under prop 35, we now expect to have our doors busted down under the guise of rescuing us as victims from our domestic, familial and economic relations. We expect the Asian massage parlors, workers of color and LGBT to be the first targets as they’ve been most maligned in the press and the public sphere.
We know that our lives still matter and our contributions are still valuable. We will continue our effort to end the unconstitutional anti prostitution laws to gain access to equal protection and privacy that everyone else enjoys by building on the support and solidarity generated in this campaign.
Special Thanks to Erotic Service Providers Union, US Prostitutes Collective, Bayswan, SWOPBAY
Contact:
Maxine Doogan, President ESPLERP
info@esplerp.org
Erotic Service Providers Legal Education and Research Project
2261 Market Street # 548
San Francisco, California 94114
Ph: (415) 265-3302
Veronica Monet, Sexologist and Radio Host
veronica@sexwithoutshame.com
206 Sacramento Street Suite 206
Nevada City, CA 95959
Ph: (415) 407-2932
No On 35 – Media, Other Voices
Many newspapers, other media outlets, research organizations and advocacy groups, including those for trafficking victims, oppose Proposition 35. Follow the links below and read their arguments both opposing Proposition 35 and advancing policies that would actually be effective in reducing trafficking and aiding its victims.
American Civil Liberties Union Northern California Injunction against Prop 35 November 7, 2012
California’s Prop 35: Why Some Oppose an Anti-Sex-Trafficking Initiative
Kathleen Kim, a professor at Loyola Law School who co-authored California’s current trafficking law, say the proposal belittles victims of non-sexual forced labor because it would give harsher prison terms for human trafficking of a sexual nature than for other forms of trafficking. Read more: http://nation.time.com/2012/11/05/californias-prop-35-why-some-oppose-an-anti-sex-trafficking-initiative/#ixzz2BOzvhk6i
Time Nov. 5, 2012
Audio from Pat Thurston Show KGO November 4 2012
Proposition 39 does just what ballot measures are supposed to do. But Proposition 35 shows just how far the initiative process has strayed from its original role. Why yes on Prop. 39 but no on Prop. 35 LA Times Nov 1, 2012
“Prop 35 expands that power big time,” said Almodovar. “They already have sufficient laws with which to charge real pimps, real traffickers and people who exploit underage people.” A Closer Look at Proposition 35 Nov 1, 2012
“We think trafficked victims should not have to be arrested for prostitution first in order to be identified as victims,” said Doogan. Prop 35 hopes to fight sex trafficking ABC 7 San Francisco Oct. 30, 2012
“To take money from their victimization that would otherwise go to them directly is really not right,” said Kay Buck, chief executive of Los Angeles-based Coalition to Abolish Slavery and Trafficking, one of the oldest groups working with human trafficking victims.” Anti-sex-trafficking Proposition 35 is surprisingly controversial LA Times Oct 30, 2012
Sex Worker Groups Challenge Billionaire Proponent To Debate video San Francisco City Hall Oct 29, 2012
If Prop. 35 passes, human rights-based initiatives like this would be even more difficult to pass, as the legislature and public would be under the (false) impression that California is successfully dealing with human trafficking. Not the Human Rights Approach Needed to Fight Human Trafficking Noam Perry, Justice Studies Visiting Professor San Jose State University Oct 29, 2012
Prop 35: Sex traffic law vaguely expands police power The Daily Aztec San Diego University Oct 29, 2012
“…apparently someone’s political career is more important than really helping victims.”
Video of Veronica Monet Stanford University Forum Oct 27, 2012
Veronica Monet debates Daphne Phong Proposition 35 Capital Public Radio Oct 26, 2012
Prop 35, Although Well Meaning, Is Opposed by Many in the Anti-Human Trafficking Community
Up Rising Radio Oct 26, 2012
Why Prop 35 Matters The Good Men Project Oct 26, 2012
“We are all in this together.” The fight against Proposition 35, she added, is at its core a battle to ensure equal rights for all labor and to end a tiered labor system in which sex workers are denied rights that other workers take for granted. Prop 35 Press Conference Draws Woefully Anemic Attendance AVN Oct 26, 2012
” He was convicted for over 35 years, and I’m happy to say that.” California Proposition 35 forum ignites passionate discussion from human trafficking experts 1 hour video of panel University of Southern California Oct 25, 2012
“We know that the high fines and penalties in Prop. 35 do not act as deterrents to crime,” said Maxine Doogan, Prop. 35 opponent. “The research is very clear that those high fines and penalties actually just cost voters and taxpayers lots of money without receiving any benefit.” Prop 35 on TV Los Angeles ABC Channel 7 Oct 25, 2012
Some say it could have unintended consequences KERO Channel 35 Bakersfield Oct. 25, 2012
Sheila Kuehl on Prop 35: Sex Trafficking Sheila Kuehl Oct 25, 2012
Feminist and faith groups define trafficking as forced sex work – a simplification that hinders help for victims of coerced labour The truth about trafficking: it’s not just about sexual exploitation The Guardian Oct 24, 2012
Activists and sex worker advocates say California’s Proposition 35 dangerously oversimplifies forced labor Does California’s anti-human trafficking bill get it wrong?
Salon Oct 24, 2012
Featuring Norma Jean Almovodar Victims And Police Fight Over Prop 35, Human Sex Trafficking Initiative Annenberg Radio News Oct 23, 2012
“…if you have questions, and you wonder why professionals
have questions, but you’re voting for it because you want to feel good, you just might want to reconsider that. No On Prop 35 at Stanford University Video John Vanek, former San Jose Police Officer Oct 23, 2012
“This particular law is vague and overbroad,” countered Maxine Doogan, an erotic service provider, and one of the leading opponents of the measure. “In Prop 35 we see the expansion of law enforcement practices, which is not a rights-based approach to addressing traffic victims.” KCBS In Depth: The Battle Over Prop 35 KCBS October 22, 2012
Any revision of California’s anti-trafficking laws should advance the rights of survivors. Despite the best intentions, Prop 35 does not pass that test Opinion: Three legal experts who have worked with victims of human trafficking argue that Prop 35, a laudable effort on California’s ballot to address sex slavery, will actually set back existing efforts to fight the trade. October 18, 2012
Prop 35 starts in about 43 minute mark KTKZ Phil Cowan Show Oct. 18, 2012
Kathleen Kim, Professor or Law, Loyola Law School; Co-author of AB 22, California’s current human trafficking law Debating California’s Prop 35, human trafficking law AirTalk for October 16, 2012
Today on Your Call: How should we combat human trafficking and sexual exploitation in California? KALW October 10, 2012
Prev Home Next I’m Not Voting Against Sex Trafficking; That Doesn’t Make Me a Bad Person Oct 9th, 2012
Examination of the pros and cons, however, raises some issues that should cause at least a modicum of discomfort for progressives.Prop 35: Human Trafficking, a Progressive DilemmaBy Kit-Bacon Gressitt 10.4.2012
Many trafficking victims actively resist rescue because they don’t want to be returned to the hellish conditions from which they came. If we really want to help victims of sex trafficking, then we should make it easier for them to obtain a U.S. visa once they are here rather than deporting them back to the conditions they were so desperate to escape.Proposition 35 falls short by Amy Roost 10.3.2012
Falsely Blaming the Legislature for November Ballot Initiatives By Joe MathewsTuesday, October 2nd, 2012
Maxine Doogan vs Chris Kelly KQED Radio Forum; Prop. 35: Ban on Human Trafficking and Sex Slavery October 2, 2012
Then we have the propositions which shouldn’t be there at all. Proposition 35 By Sue Lempert Oct, 1, 2012
Unneeded Prop. 35 would be costly and prone to abuse
Opponents, however, say it will further criminalize sex workers – most of whom are young women with children — and can be used to label sex workers themselves as pimps and traffickers. The California Coalition for Women Prisoners paints Prop. 35 as having a “law enforcement, pro-prison, anti-woman, anti-trans agenda,” and says that “Human trafficking is a real problem but it cannot be solved by harsher laws and more police crackdowns. Sex workers and real victims of trafficking need supportive community services, options for employment, and educational programs that do not work hand-in-hand with law enforcement, Homeland Security and ICE.” Sex trafficking measure aims to stop human rights abuses THE ORANGE COUNTY REGISTER Oct. 1, 2012
Why Props 33, 35, 36 and 39 Should Be Taken Off the Ballot Saturday, Sept. 29, 2012
Props To You: Stiffening human trafficking penalties with Proposition 35
Props To You: Stiffening human trafficking penalties with Proposition 35-AudioBy Josie Huang Take Two September 24, 2012
Few people are publicly lining up against a ballot initiative that purports to get tougher on human traffickers—even though it may end up being a well-intentioned boondoggle.Yielding to traffic
Prostitutes speak out against Proposition 35 9.13.2012
But beyond the sound bites and hyperbole of Proposition 35 resides a poorly written law that further criminalizes and discriminates against sex workers and their consensual adult clients.oposition 35: Prohibition on Human Trafficking and Sex Slavery—Criminalizes the Sex Worker and not the TraffickerCynthia Garrity-Bond September 14, 2012
Prop 35 Sex Crimes Focus too Narrow
Letters to Editor; Poverty, High Education and Prop 35
Changing My Mind on Proposition 35
Victims advocates oppose Proposition 35 human trafficking measure
Who’s a sex trafficker. Under Proposition 35 You’d Be Surprised! San Francisco Bay Guardian September 18, 2012
The Man Behind Prop 35…BizLaw Blog Sept 17, 2012
Lilycat on Stuff – We will get all political and tell you what not to vote on 2 hour Audio Free Radio Sept.9.2012
San Francisco Slutwalk 2012-Maxine speaks out Sept 8, 2012
The Ventura Star Editorial: Prop. 35, human trafficking law, not good enough Sept 8, 2012
Similarly, uninformed voters can feel inclined to vote “yes” on any legislation purporting to rescue the innocent and punish the perpetrators.No on Prop. 35 Opinion: Vague wording, unintended consequencesBy Veronica Monet 08/10/2012
California’s Prop 35; What it Means to Escorts Michael Fattorosi
Another California Ballot Initiative To Be Wary Of
Why You Should Vote No On Prop 35
I Despise Human Trafficking, but I Oppose the Badly Drafted Prop 35
Why You Should Vote No On Prop 35 by Norma Jean Almodovar author of “From Cop To Call Girl
Informational Hearing on Proposition 35: Human Trafficking. Penalties. Sex Offender Registration Date: Tuesday, August 14, 2012
Legislative Analysis Confused over who will have to register as a sex Offender Under Prop 35
ACLU of Northern California-No On 35
Video of No ON Prop 35 Susie Israel California Public Defenders Association
No On Prop 35 Stephen Munkelt of California Attorneys for Criminal Justice
>Watch the whole 2 hour video hearing of Joint hearing of the Senate Public Safety Committee and the Assembly Public Safety Committee Title: Informational Hearing on Proposition 35: Human Trafficking. Penalties. Sex Offender Registration.Tuesday, August 14, 2012 Time: 9:30 am Place: State Capitol Room 4203
Endorsements No ON PROP 35
Proposition 35 forces voters to ask themselves a challenging question: Does sex trafficking need to be addressed at the ballot box, or are there better ways of fixing the problem? No on Proposition 35 Daily Californian Nov. 2, 2012
We voters are the wrong people to ask. We have no way to evaluate this proposal objectively. Prop 35 will certainly pass in a landslide, because it gives voters the illusion they’re striking back at horrible miscreants; who wouldn’t want to do that? But this initiative has no business being on your ballot. That is why I oppose Prop 35. It is ballot abuse. Legal of Women Voters of the Los Altos and Mountain Veiw Area
No ON Proposition 35 California Civil Rights Coalition
Establishing penalties for criminals is best left up to the lawmakers. There are too many unexpected consequences with initiatives and taking away someone’s freedom is an arena where mistakes should be limited. Prop. 35: Human trafficking — NO Santa Monica Daily Press Oct 31, 2012
Stand Against Global Exploitation, a Northern California-based group that works with victims of trafficking, rescinded its endorsement. The group’s board of directors said it had a change of heart after careful review of the measure and asked that the group’s name be removed from the Proposition 35 website. From a yes to a no on Proposition 35 LA Times Oct 30, 2012
We’ve Changed Our Minds about Prop 35, but NOT about Sex Trafficking We’ve Changed Our Minds San Diego Free Press Oct 28 2012
But civil awards to survivors of trafficking are not that rare; my colleagues representing trafficking survivors have collected wages-owed, restitution, and additional damages for clients in San Francisco, Santa Clara, Los Angeles, and elsewhere. Prop 35: The tragedy of what could have been Retired San Jose Human Traffic Officer Oct 29, 2012
Vote No On California Proposition 35: Human Trafficking Daily Kos Oct 28, 2012
Prop 35 requires prosecuted traffickers to pay up to $1.5 million dollars in fines to unidentified governmental agencies and non-governmental service providers, in addition to existing criminal fines. Yet the law does not set aside any of this money for the actual victims of trafficking Prop. 35 CASE Act Undermines Victims’ Rights By Law Professor Kathleen Kim, Kevin Kish and Cindy Liou Oct. 25, 2012
Prop 35’s approach to human trafficking is short sighted. Besides its failure to address the complexities of the human trafficking industry, the measure does little to increase the protections for victims of human trafficking and sexual exploitation.
No on Prop. 35: The wrong tool for a good cause Center for Juvenile Criminal Justice Oct 23, 2012
This provision essentially eliminates the ability of registrants to engage in anonymous online speech and imposes a substantial burden whenever a registrant wants to use a new online platform to speech, infringing on registrants’ First Amendment right to free speech. ACLU Northern California
“Coercion” is defined as including “abuse or threatened abuse of the legal process.” Therefore you could be charged with sex trafficking if you were to say to an independent contractor, “If you do not perform the scene as agreed to in writing, I’ll sue you for every penny you are worth.” This is potentially “threatened abuse of the legal process,” since you could not actually get more than the actual damages incurred. Free Speech Coalition 2012
Please vote NO on Proposition 35 to protect the privacy of more than 100,000 citizens! California Reform Sex Offender Laws Oct 23, 2012
Prop 35 would increase penalties on human trafficking, but could push this inhumane practice further underground. We need collaborative, victim-centered solutions that protect the rights and safety of trafficked victims. This measure is not a comprehensive solution to the problems of sex and labor trafficking. Eastbay Alliance For a Sustainable Economy
BWW Analysis: Black Women for Wellness fully understands the devastating impact that human trafficking has on our families and our communities. However proposition 35 is not the answer. This measure seeks to increase sentences for human traffickers and sex offenders, however because of the broad definitions of this law, many young black and brown women and men are at risk for unnecessarily being targeted. How? Because of the loose definitions of trafficking, under this proposition, an 18 year old who take his/her partner out for dinner and a movie and then engages in sex could be seen as a trafficker. In addition, it could punish anyone who associates with minor sex workers, even if their only intent was to buy him/her food or give he/she a ride to the store. Yes the odds of this seem rare, but knowing many communities of color relationships with law enforcement, it’s not much of a reach to imagine a California in which this happen if prop 35 passes. Furthermore, this law punishes all people prosecuted as sex offenders to have their internet usage monitored for life. Yes this even includes the 18 year old we mentioned above. Black Women for Wellness wants to address trafficking, however not at the expensive of young people of color.Vote No ON Prop 35 Black Women for Wellness
These groups have clearly made a mistake by not soliciting the No On Prop 35 when it endorsed this bait and switch ballot measure. We call on them to take responsibility and admit they didn’t act democratically when they endorsed Prop 35 Rubber Stamping Criminalizing Human Trafficked Victims In Prop 35 Oct 24, 2012
Vote No On Proposition 35: Human Trafficking Oct 20, 2012
Proposition 35 is a state-wide ballot initiative that would basically rewrite legal conceptualizations of pimping, pandering (solicitation), and prostitution as human-trafficking. In other words, if this initiative passes, all the players in what’s commonly referred to as “the world’s oldest profession” would become human traffickers in some way. PVV on Prop 35 Dr. Chantalle Tibbals sociologist, Oct 20, 2012
Voting NO on 35 does not mean you support human trafficking. It does not mean that the suffering of trafficking victims is not important to you. It does not make you a bad person and it does not make you side with the bad guys. The power of this proposition is by lumping a variety of punitive measures under a headline that carries a huge moral weight. Don’t fall for it.
Law Professor Hader Aviram Oct 14, 2012
“The state law is good enough,” Lee said. “Proposition 35 looks good on the surface, but anyone supporting this proposition does not understand and does not work with children of sex trafficking.”An organization that works with victims of child prostitution also opposes the measure, saying it will be ineffective. Dr. Lois Lee, founder of Children of the Night, a Van Nuys-based organization that helps child prostitutes. Redland Daily Oct 13, 2012
From the Bay Area Freedom Socialist Party newsletter:
Proposition 35: Increases the Penalties for Human Trafficking-Vote NO
As socialist feminists, we abhor human trafficking of laborers and sex workers. However, this initiative statute poses a threat to civil liberties, has an overly-broad net that could impact any sex worker–trafficked or not–and duplicates current laws while doing little for victims.
San Jose Peace and Justice Center
“Well-intentioned or not, adopting new criminal laws and sentencing guidelines through initiative is the wrong way to go. Vote no on Proposition 35″Editorial Prop 35 Dubious-Propositions Santa Cruz Sentinel Editorial Board October 10, 2012
“Voters should not be lulled into believing that by approving this measure they will be taking effective action against slavery and sexual exploitation. Even if well intentioned, this initiative falls well short of the mark. The Times urges a no vote.” No on Proposition 35 Los Angeles Times October 10, 2012
“State’s laws against sex trafficking could be strengthened, but this proposition is not the way to do it. We urge a no vote with an eye toward the future, when stricter enforcement can be worked out through a legislative process that will allow full vetting of the proposed remedy.” Prop. 35 has right idea, wrong approach SF Examiner October 9,2012
Editorial: Don’t do Legislature’s job; vote no on Prop. 35 10/09/2012
Even non-sexual offenders will have to register as sex offenders for life. Humboldt Herald Oct 9, 2012
Proposition 35 a good idea, but too flawed Merced Sun Star October 8, 2012
“Sex trafficking is a repugnant crime that needs to be prevented and punished. State lawmakers have a responsibility to beef up the laws against it and keep them current. We recommend a “no” vote on Proposition 35 while standing firmly against any form of human trafficking.”Initiative not best approach to human trafficking Modesto Bee October 7, 2012
“Human trafficking is an egregious and horrible act. California law, as well as federal law, prohibits it, and the penalties are appropriately harsh.
But Prop. 35 — like so much else on the state ballot, the spawn of one rich person with a cause — wouldn’t just crack down on the worst people in the sex industry. It would expand the ability of state and local authorities to harass and arrest consensual sex workers and would lead to more people serving more time in prison for victimless crimes”.San Francisco Bay Guardian No on Proposition 35 10.3.2012
“It’s difficult to oppose Proposition 35, a measure that purports to stop a crime as despicable as human trafficking. But the proposition is overbroad and misdirected”.Sacramento Bee-Endorsements: ‘No’ on flawed, well-intended Proposition 35Monday, Sep. 24, 2012
Fresno Bee: Although well-intended, Prop. 35 is flawed Oct 1, 2012
“Perla Flores, a program manager at Community Solutions, said the measure’s training requirements are negligible and the hefty fines could provoke convicted traffickers into seeking revenge on victims or their families. Also, there is nothing in the measure, she said, to encourage nonprofits, police, city services and victims to work together.” Victims advocates oppose Proposition 35 human trafficking measure Asian Pacific Islander Legal Outreach & Community Solutions September 21, 2012
“CA has a good record, not a failing one, in enforcement of all manner of human slavery prosecutions. This proposition will undermine much of that work “ Prop 35 Recommendation: OPPOSE California Council of Churches-August 29, 2012
Harvey Milk LGBT Democratic Club
Bernal Heights Democratic Club
California Association for Criminal Justice
Changing My Mind on Proposition 35
“The Star doesn’t oppose higher fines in themselves, but we believe the dollars should not be segregated in such a self-serving way. The money’s best use should be decided through the normal budgeting and legislative process.” Editorial: Prop. 35, human trafficking law, not good enoughSeptember 5, 2012
The Undemocratic Democratic Party of California
Proposition 35: A shotgun approach to a complex issue John Vanek is a consultant on anti-human trafficking efforts. He retired in the rank of lieutenant from the San Jose Police Department, where he managed the Human Trafficking Task Force program from 2006-2011.
Mountain of Evidence Against Prop 35
WHO’S BEHIND PROP 35
Facebook’s former chief privacy officer, Chris Kelly is bankrolling the measure after a failed bid for state attorney general in 2010
Evangelical Feminist-Doug Harwood interviews Melissa Girl Grant
Prison Time Served: High Cost of Low Returns-PEW Research
“My eye was stabbed by a brothel owner,” Ms. Pros recounted in “Half the Sky,” a recently-released prime-time television documentary, which was broadcast on PBS in the U.S. earlier this month. Questions Raised Over Symbol’s Slavery Story The Cambodian Daily Oct 26, 2012
Human Trafficking Statistics Exaggerated
Government Accountability Office Report on the US government’s flawed methodology
Research report on sorting out the myths and facts about sex trafficking at sporting events
Women’s Funding Network Sex Trafficking Study- The Junk Science Prop 35 is built on
Analysis: Despite reputation, no proof Portland is a hub for child sex trafficking
SEX TRAFFICKING AND THE SEX INDUSTRY: THE NEED FOR EVIDENCE- BASED THEORY AND LEGISLATION
The Growing Moral Panic Over Prostitution and Sex Trafficking
More bad laws from years gone by: Trafficking Victims Protection Re-authorization Act-2007-FactSheet
ANTI TRAFFICKING REVIEW: WHERE’S THE ACCOUNTABILITY?
FAILED POLICES OF THE RESCUE INDUSTRY
What ‘Rescue’ really looks like: Sex Trafficking Myths Reconsidered by the Open Society Foundations
HIT AND RUN-Report on Anti Trafficking/prostitution in Thailand
What rescue really looks like Sex Workers Hurt by Rescue Cambodia
Kicking Down the Door Urban Justice Center
History of Anti Prostitution Oaths and Anti Sex Trafficking Policies
FBI and Local Police Agencies making prostitution arrests under the guise of rescue
The-Sexual-Politics-of-the-New-Abolitionism
THE AGE OF WOMEN WHO SELL SEX: DOES KRISTOF LIE? WHAT ABOUT THE CHILDREN?
The Youth
Prop 35, Youth, Sex Trade and Sex Trafficking-Interview with Alexandra Lutnick, Researcher
Is Child to Adult as Victim
is to Criminal? Social Policy and Street-Based Sex Work in the United States Oct. 2011
NO ON Prop 35, Center for Juvenile and Criminal Justice
Juvenile Prostitution Factsheet
WANT THE TRUTH ABOUT HUMAN TRAFFICKING AND CHILD SEXUAL EXPLOITATION?
LA Patches Together Mental Health Care for Juvenile Offenders
California Department of Corrections and Rehabilitation Blog
Federal Report Sexual Abuse in Juveniles Facilities
3 in 25 juveniles in detention are sexually abused, study finds
Study: Long-Term Juvenile Incarceration Fails to Decrease Reoffending Rates
Tackling Child Commercial Sexual Exploitation
HEALTH IMPACT
Anti-Trafficking Initiatives Hurt the Fight Against HIV/AIDS
Sex Work and Health A Question of Safety in the Workplace
Incarceration of sex workers in China and STIs Goodyear STI 2008
Structural and Environmental Barriers to Condom Use
RIGHTS BASED APPROACH
U.N. Commission Calls for Legalizing Prostitution Worldwide By Amanda Swysgood
July 23, 2012
Urban Justice Center-Difference between Sex Work and Human Trafficking
Ontario Court of Appeal greenlights brothels, sweeps aside many of Canada’s anti-prostitution laws
Violence and Legalized Brothel Prostitution in Nevada
Is prostitution harmful? Nope, says Journal of Medical Ethics
Steriotyping Sex Workers-Simpson Paper
Sex work for the middle classes Bernstein Sexualities
Human Rights Impact of Anti-trafficking Interventions- Developing an Assessment Tool
The Use Of Raids To Fight Trafficking In Persons Sew Work Project Urban Justice Center New York City
What predicts job satisfaction among female sex workers? A study from Queensland, Australia
LINKS
Pedophile and Child Porn Law Enforcement Agents 2010-2012
Admitted prostitutes of accused pimps say they’re not victims
Ten Years of Independent Monitoring by The Dutch Rapporteur on Trafficking in Human Beings
No On Prop 35-Devil in the Details
Proposition 35 is deeply flawed. If implemented, it will prove harmful to the victims of trafficking rather than helping them. Moreover, it expands the definition of trafficking to ensnare innocent people. Unfortunately, the devil is in the details. Follow the links below to see how Proposition 35′s language undercuts its stated intention and how it unjustly criminalizes people who are not at all involved in trafficking.
In this case, under cover of fighting human trafficking, they would have raise the penalties for commercial sex to an outlandish degree — and define commercial sex extremely broadly.PROPOSITION 35 – THE CALIFORNIA Prop 35- Turning all consensual sex acts into “human trafficking”
Disputing the lies of Prop 35: “legislators have not done anything for victims.”
Governor Brown Signs Leno Bill Aiming to Curb Sex Trafficking Crimes September 24, 2012
List of Anti Trafficking Bills Before California State Legislature since 2007 (excel doc)
Proposition 35 says the new High Penalties will deter the crime of human trafficking but the research says otherwise. Prison Time Served: High Cost of Low Returns-scientific research PDF
Prison Time Served: High Cost of Low Returns-scientific research Link
And the Financial Cost to the State? How are all these new high prison sentences that don’t deter crime going to be paid for? Leglislative Analysis doesn’t know how much Prop 35 will cost tax payers of California. Watch the Video Here
Tracking the numbers with moving definitions Operation Cross Country VI: FBI’s campaign to “rescue” youth continue to cause mass arrests of adult women July 11, 2012
Prop 35 says its needed to bring state trafficking laws in line with federal trafficking laws but the truth is that Prop 35 goes way beyond federal anti trafficking laws
*The federal anti trafficking law doesn’t define a ‘commercial sex act’ to be ‘anything of value’ but Prop 35 does.
*The federal anti trafficking law doesn’t define obscenity laws as trafficking but Prop 35 does.
*The federal anti trafficking law doesn’t preclude testimony about involvement with the sex industry, but Prop 35 does.
*The federal anti trafficking law doesn’t incentivize law enforcement, prosecutors and non profits by redirecting victim’s restitution towards themselves like Prop 35 does.
The human cost of Prop 35 Erotic Service Providers Union member Jane speaks out about how prop 35 will hurt her family and under Prop 35′s broad definitions, it will hurt yours too! Watch the Video here
August 14, 2012-Public Information Hearing Sacramento, Ca
More constitutional slippery slope in mandating sex offender registrants turn over their ISP’s to law enforcement within 24 violates protected anonymous speech ACLU of Northern California-No On Prop 35 Video
The majority of sex offenses committed against minors is by somebody they know in their real life not by anonymous internet users.
Points to Bill and Melinda Gate’s Study in the Philippines that education works-penalties doesn’t! Video of No ON Prop 35 Susie Israel California Public Defenders Association watch the video here
“This proposition is going to be abused, it’s going to be misused, it’s not going to be effective … .” No On Prop 35 Stephen Munkelt of California Attorneys for Criminal Justice Video
“The enforcement for human trafficking laws are carried out by local and federal law enforcement agencies who conduct prostitution sting operations under the guise of rescuing children and stopping human trafficking”
Read the legislation and arguments agasint here
Our organization’s argument against California Proposition 35 was picked by the Division of Elections to be printed in the voter information guide, hence the official opposition to this short sited ballot measure to go before California voters at the November 6th, 2012 election.
Contact Info: info@esplerp.org
noonprop35@gmail.com
http://www.facebook.com/groups/446223098733130/
http://www.facebook.com/Votenoonprop35#
Twitter @OpposeProp35
Skype noonprop35
