Lawyers Lou Sirkin and Brian O'Connor have filed a case last month in U.S. District Court in San Francisco on behalf of an organization representing prostitutes known as the Erotic Service Provider Legal, Education & Research Project. It names three
current or former prostitutes and a man with a disability who wants to be able to legally hire prostitutes as other plaintiffs in the case.
Their argument centers on people's right to do what they want as long as it's legal. It's legal to have sex,
so why should it be illegal to pay for it? the argument goes. O'Connor compared it to having the freedom of the press but making it illegal to sell newspapers. Sirkin explained:
It's really a constitutional issue,
we think. We're talking only about consenting adults here. Our whole theory is that any law based on morality has no place in this country. Morals are different for different people. Legislation should not be determined by morality. Because you exchange
a dollar rather than dinner, why should it be made illegal?
Sirkin hopes to get a ruling by late summer, but he expects the case to be taken to higher courts after that.
Proposition K failed to gain voter approval in San Francisco and lost by 16 percentage points. It proposed to van the enforcement of the states anti-prostitution laws.
The result so far is that with 98% of precincts counted. Yes - 42%. No -
58%. (The measure required a simple majority to pass).
Meanwhile, this election's wackiest ballot measure, Proposition R - which would rename a city sewage plant after George W Bush - went down the shitter by 31% in favour to 69% against.
San Francisco would become the first major U.S. city to decriminalize prostitution if voters next month approve Proposition K — a measure that forbids local authorities from investigating, arresting or prosecuting anyone for selling sex.
The
ballot question technically would not legalize prostitution since state law still prohibits it, but the measure would eliminate the power of local law enforcement officials to go after prostitutes.
Proponents say the measure will free up $11
million the police spend each year arresting prostitutes and allow them to form collectives.
Even in tolerant San Francisco the measure faces an uphill battle, with much of the political establishment opposing it. Proposition K has been endorsed
by the local Democratic Party. But the mayor, district attorney, police department and much of the business community oppose the idea, contending it would increase street prostitution, allow pimps the run of neighborhoods and hamper the fight against sex
trafficking, which would remain illegal because it involves forcing people into the sex trade.
Some form of prostitution is already legal in two states. Brothels are allowed in rural counties in Nevada. And Rhode Island permits the sale of sex
behind closed doors between consulting adults, but it prohibits street prostitution and brothels.
Police made 1,583 prostitution arrests in 2007 and expect to make a similar number this year. But the district attorney's office says most
defendants are fined, placed in diversion programs or both. Fewer than 5% get prosecuted for solicitation, which is a misdemeanor punishable by up to six months in jail.
Lawyers Lou Sirkin and Brian O'Connor have filed a case last month in U.S. District Court in San Francisco on behalf of an organization representing prostitutes known as the Erotic Service Provider Legal, Education & Research Project. It names three
current or former prostitutes and a man with a disability who wants to be able to legally hire prostitutes as other plaintiffs in the case. 
