I think you could easily make the "disparate impact" argument to prove discrimination, thus negating the need to prove individual discrimination. Let's just say that the business had a written policy outlawing discrimination, but that the impact of their actions created an environment conducive to discrimination against African Americans, even by just a few of their practitioners. As a protected class, if they (African-Americans) can't get pussy like the rest of us whiteys, they could sue the business.
American Airlines got sued because a few mechanics (out of hundreds) harassed a black guy and hung a rope (with a noose) from the guys locker. In spite of policies and training classes, they still had to pay out money. So I maintain legalization would benefit protected classes in their procurement of pussy.
Originally Posted by Jewish Lawyer
Uh, no.
Why would legalization make a difference? All that means is you won't prosecute a prostitute for having sex for money. There is nothing that would prevent the state or feds from charging a hooker with racial discrimination right NOW. That would be an extra charge on top of the prostitution charge.
And why is it necessary for money to be involved to support discrimination? Why can't they prosecute ANY woman who doesn't date outside her race? It's still discrimination causing harm to a protected class.
I don't know why people apply the same legal analysis to prostitution that they apply to renting a car or eating in a restaurant. Sex is NOT a regular commercial transaction, even if money is involved.
Unlike virtually ANY other activity you can name, sex with another human being is a deeply personal act that each participant should have complete control over. The fact that some providers may fuck just about anybody doesn't mean all providers will.
If you don't want to do something, sexually speaking, NO ONE can force you. What about a woman's right to choose? How exactly would you square charging or suing a woman for racial discrimination with her right to control her own body?
And what exactly is the legal remedy going to be? Suing a woman who has little or no money to begin with? Good luck collection that judgment. it is as useful as suing a homeless vagrant for pissing on your car.
Getting a court order requiring a UNWILLING woman to present her body at a time and place of the plaintiff's choosing to be fucked by the plaintiff? Court ordered rape? Put her in prison if she disobeys the court order and fails to show up for her rape?
Does the hooker then get to have the plaintiff arrested for raping her?
The law can't solve everything. Let's not lose our minds here.