Phoenix Manifestation Law UPHELD on appeal. Can not ask if a police officer, ask to disrobe etc. That itself is manifestation of prostitution.
Monica lost the challenge of the manifestation law. Asking if a cop was upheld as illegal under the Phoenix law as well as other actions suggesting you are prostitute.
Phoenix code sec 23-52 was upheld which makes it illegal for a "person inquires whether a potential patron, procurer or prostitute is a police officer or searches for articles that would identify a police officer; or that the person requests the touching or exposure of genitals or female breast."
Court was correct in not allowing a jury trial.
On two other issues the case is remanded to the City Court for a retrial.
1) Court erred in considering her potential punishment in assessing her credulity. This denied her a fair trial.
3) Defendant did not object when her prior convictions were entered in evidence. Upon new trial she will be able to object and the trial court will be able to review and make an informed ruling on the admissibility of that evidence.
Regarding the manifestation law the court sited many other cases upholding the law in question. As a result "both this court and the trial court are bound by the decision of the Arizona Supreme Court in Angle; approved, State v Miranda and disapproving decision of court of appeals (in Cutright). Similarly, both this court and the trial court are bound by the decisions of the Arizona Court of Appeals and have no authority to overrule, modify or disregard them.."
The Amicus Brief (of ACLU) raises additional issues never presented to the trial court. Because the trial court was never asked to rule on those issues, there is no ruling of the trial court for this Court to assess. This Court therefore will not give an advisory opinion on the issue never raised.
Dave notes there was no evidence of any discrimination for being TS that the ACLU tried to argue. Monica in fact approached the officer because he was "cute" according to her testimony.
Conclusions:
1) Guilty judgement of Phoenix Municipal Court reversed.
2) Matter remanded to the Phoenix Municipal Court for a new trial.
Ruling filed in Superior Court on 1/26/2015 at 8:00 AM