Dallas Morning News 03/29/2024
https://www.dallasnews.com/news/publ...-what-we-know/
Dallas isn’t enforcing its controversial prostitution ordinance yet. Here’s what we know
Police are carrying out other operations to target people accused of trying to buy sex.
Dallas police officials said this week they’re still not enforcing the city’s “manifesting the purpose of engaging in prostitution” ordinance, a controversial law that was at the center of a legal battle after a judge declared it was unconstitutional.
The City Council approved slight modifications to the ordinance in October after it was struck down by a Dallas County appeals court judge. Officials said the changes were meant to allow police to resume enforcement.
Nearly six months later, police spokeswoman Kristin Lowman confirmed it’s not yet being enforced.
Solicitation of prostitution, a different crime, is already defined in the Texas penal code. The standard to enforce that law is higher than for the city ordinance.
What is the ordinance?
The “manifesting the purpose of engaging in prostitution” ordinance allows police to issue citations if a person is a known prostitute; repeatedly beckons to others or tries to engage them in conversation; or attempts to stop a vehicle by waving, hailing “or any other bodily gesture.”
The law makes violations a misdemeanor, which carry a fine of up to $500. It has been in place for decades but had long been criticized by some residents and legal experts who said it essentially criminalized “talking while walking.”
Why was it struck down?
In July, a Dallas County appeals court judge affirmed a ruling by a municipal court judge and said the ordinance was unconstitutional, vague and overbroad.
The ordinance was “seeking a shortcut that trespasses on the constitutional rights of Dallas citizens,” said County Criminal Court of Appeals Judge Kristin Wade in her ruling.
The ruling stemmed from a man cited under the ordinance in 2022 in northwest Dallas.
Wade said lawful behaviors like talking to passersby and waving at cars were targeted under the ordinance and subject to the discretion of law enforcement. A bias toward areas of the city that have higher crime rates or a lower-income population could lead to a citation in South Dallas for behavior considered lawful in North Dallas, she wrote.
How was it changed?
The city added a requirement of “intent” for a violation of the ordinance. Various definitions were added to terms in the revised ordinance.
Officers must also consider if potential violators are interfering with the “free passage” of others or are in a “location frequented by persons who engage in prostitution.”
Council member Adam Bazaldua was vocal about his opposition to the ordinance, even with the revisions.
“Nothing has changed since I voted against this,” he told The Dallas Morning News in a written statement Friday.
“I still believe this to be a piece of legislation that encroaches on our residents’ first amendment rights and gives further probable cause to law enforcement in the victimization of the sex industry. Instead of where enforcement should be focused on, the ‘johns’ and ‘pimps.’”
Why do police want to use the ordinance?
Police officials have argued the ordinance allows them to make contact with women and offer them services. They told the City Council last year that human trafficking is the root issue and “countless” business owners and residents want help dealing with the problem.
Officials said at the time that the state statute is typically investigated by undercover detectives in larger-scale operations. The ordinance allows patrol officers to address complaints if investigators aren’t available, they said.
Why hasn’t the city started to enforce the revised ordinance?
It remains unclear. Lowman directed questions to the city attorney’s office. City spokespeople declined to comment Friday.
Council member Omar Narvaez, whose district includes northwest Dallas, said he hasn’t heard if the city attorney’s office is still reviewing the ordinance.
What efforts have Dallas police made to enforce prostitution laws?
The Dallas Police Department has carried out at least two operations in recent weeks in northwest Dallas, long regarded by police as one of the city’s main corridors for sex work.
In the first, which took place March 6, police officials announced 29 arrests of people accused of soliciting prostitution. They also seized four handguns, two vehicles, drugs and more than $70,000 in cash, police officials said.
The second occurred Wednesday and netted 30 arrests of people also accused of trying to buy sex. Police seized five guns and more than $3,400.
The 59 people ranged in age from 19 to 64, according to police. All were men.
Lowman wouldn’t disclose the exact locations where the alleged offenses occurred, only confirming that both were in the northwest area of the city.
She said the department heard concerns from community members and business owners and will continue to target “people soliciting prostitutes.”
“We want to send a message … that this is unacceptable in our city,” she said. “We are listening to our residents, and working to combat this … problem and prevent it.”
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