As background, the Temple in Phoenix was raided by a SWAT team in 2011 with 39 wonderful women arrested and indicted with felonies for being affiliated with a criminal enterprise - even if no direct evidence they ever offered any sex act. All pled guilty except Tracy in plea agreements mostly for felonies but with probation instead of up to 70 potential years in prison as warned by judges in "Donald Advisements." A few were able to negotiate down to misdemeanors if they had good private attorney's.
It seems that hand jobs are such a danger to society her bail was originally set at $2 million - long story. Tracy was convicted in a long trial in Superior Court in late 2016. I attended most of the hearings and trial and reported to about 200 folks on the Temple Private List in great detail. After I had missed a few hearings since busy otherwise and returned the trial judge during a break mentioned she had missed me in the audience
During the years of pre-trial hearings she had four different judges. Tracy had many defense witnesses, professional sex therapists, now deceased Nev brothel owner Dennis Hof (had good discussions with him, was originally from Mesa) and the founder of the Institute for Advanced Human Sexuality who I had lunch with and testified that he was contracted my the military to supply prostitutes from Israel to the U.S. military (Navy as I recall). Shortly after his testimony (I was standing next to him) he received call from the military recomissioning him from retirement and having him immediately leave and go to airport where a jet would get him out of Phoenix and back home.)
Bottom line is the State spend $millions of LE costs, almost five years of court time, paying for mostly office of public defense attorneys (separate from public defenders) all because of the huge crime of providing "hand jobs" as part of their spiritual Tantra/Goddess/Native American beliefs.
Below is the results of her Appeal from a legal standpoint:
Brief Summary:
1) "Donations" were for sex acts -root chakra release aka "hand job."
2) Therefore, no FERA defense (AZ Free Exercise of Religion Act (“FERA”).
3) There was no 1st or 14th Amendment defense quoting the Cantwell case "the right to engage in actions or conduct prompted by religious beliefs or principles ‘is not totally free from legislative restrictions." Further, the prostitution laws are facially neutral laws of general applicability. Elise did not show the statutes were enacted or enforced with any discriminatory intent.
On the 22 count conviction after long trial, but same day fast jury guilty verdict, they all run concurrently resulting in the sentence of 4.5 years in prison vs. about 70 years, if consecuitve on each count. She received credit for 305 days served in county jail awaiting trial. Her early possible release date is 3/10/2019. Otherwise, her flat time release date is in 2022.
After release, she will have 1-year of Community Supervision (parole) in which she cannot break any laws or may have to return to prison for her full sentence.
Details:
Key findings of the Arizona Court of Appeals.
"We conclude Elise did not prove the sexual acts performed at the Temple were motivated by a religious belief, rather pecuniary gain. Therefore, FERA does not apply."
"A party raising a FERA defense must prove three elements: “(1) that an action or refusal to act is motivated by a religious belief, (2) that the religious belief is sincerely held, and (3) that the government action substantially burdens the exercise of religious beliefs.”
"Elise’s convictions arise out of her purported engagement in and facilitation of prostitution. “Prostitution” is “engaging in or agreeing or offering to engage in sexual conduct under a fee arrangement with any person for money or any other valuable consideration.” A.R.S. § 13-3211. Elise argued at trial, and again on appeal, that the “sexual healing” offered at the Temple was religiously motivated, separate and unrelated to the “donations” accepted at the Temple. However, the evidence presented at trial indicates Elise operated the Temple to exchange specific sexual acts for a specific amount of money. Temple workers were required to place advertisements on websites commonly used to advertise prostitution. One such advertisement stated that an hour of “hands-on touch” cost $204 — an hourly rate consistent with that reported to law enforcement by Temple workers and customers. Additionally, most visitors believed they were required to pay money in order to receive a sexual act. Indeed, the Temple expected visitors to pay money after receiving a sexual act and contacted visitors who had not paid to inquire as to the reason for nonpayment."
The Court pointed out there was no 1st or 14th Amendment defense quoting the Cantwell case "the right to engage in actions or conduct prompted by religious beliefs or principles ‘is not totally free from legislative restrictions.’” Fischer, 219 Ariz. at 412, ¶ 10 (quoting Sherbert v. Verner, 374 U.S. 398, 403 (1963)). Rather, “[c]onduct remains subject to regulation for the protection of society.” Cantwell, 310 U.S. at 304.
"Nonetheless, the First Amendment generally does not invalidate neutral laws of general applicability. See Hosanna-Tabor Evangelical Lutheran Church & Sch. v. EEOC, 565 U.S. 171, 190 (2012) (citing Smith, 494 U.S. at 878-79); see also State v. Hardesty, 222 Ariz. 363, 365, ¶ 7 n.6 (2009). Here, Elise was convicted of violating A.R.S. §§ 13-2312 (illegal control of an enterprise), -2317 (money laundering), -3208 (operating a house of prostitution), -3209 (pandering), and -3214 (prostitution). These statutes are facially neutral laws of general applicability, and Elise has not shown the statutes were enacted or enforced with any discriminatory intent. See, e.g., Church of the Lukumi Babalu Aye, Inc. v. Hialeah, 508 U.S. 520, 534-35 (1993) (holding city ordinances prohibiting animal sacrifice violated the First Amendment where the evidence indicated “the object of the ordinances [was] suppression of the central element of the Santeria worship service”). Accordingly, Elise’s First Amendment claim fails as a matter of law."
Dave notes the U.S. Supreme Court has also ruled that the Federal Constitutional Freedom of Religion protections do not apply against State crimes i.e. prostitution which is why most States including Arizona passed their own Free Exercise of Religion Act (FERA