SALT LAKE CITY (AP) — Two escort services have filed a
federal lawsuit to halt a Utah solicitation law they fear could
lead to the arrest of strippers or escorts who are simply acting
sexy.
Utah defines solicitation as a person agreeing to sex in
exchange for money. A new law that went into effect this month
broadened the definition to include any person who indicates
through lewd acts, such as exposing or touching themselves, that
they intend to exchange sex for money.
It was intended to help law enforcement agents working
undercover in prostitution stings, Salt Lake City Police Chief
Chris Burbank said Friday.
He said it would protect officers who were being asked by
prostitutes to expose or touch themselves to prove they’re not
police because making such requests as a precursor to offering sex
for money is illegal under the new law.
“Officers were being put in a position that we’re not going to
allow, so we took a different direction,” Burbank said.
Andrew McCullough, an attorney representing the escort services
in the lawsuit filed May 9, said the law is so broad that it could
allow police to arrest licensed employees of sexually oriented
businesses, such as escort services or strip club dancers, for
doing their job.
The expanded law includes language that makes a person exposing
their genitals or touching themselves sexually an indication that
they are offering sex. Those acts are legal in Utah for private
strippers.
“Most girls who touch their breasts are not telling you they’re
open for sex,” the attorney said.
McCullough said the law is “virtually identical” to one struck
down by a federal judge as unconstitutional in 1988.
The Utah law could be used by police to hassle businesses
protected by the First Amendment, McCullough said. For example, he
said a semi-nude dancer at a strip club could be arrested for
“suggestively thrusting.”
Burbank said officers would not target anyone who is not a
prostitute. Arrests will be made by undercover officers and only
when it becomes obvious that a deal is being arranged, he
said.
Utah House Minority Whip Jennifer Seelig, D-Salt Lake City, who
sponsored the bill during the 2011 legislative session, said she
worked with many different groups, including defense attorneys, to
iron out legal issues with the law.
The intent is to target prostitutes, especially underage ones
who are forced into the sex trade and trained to evade arrest,
Seelig said. The arrest would be the first step in helping them get
off the streets, she said.
federal lawsuit to halt a Utah solicitation law they fear could
lead to the arrest of strippers or escorts who are simply acting
sexy.
Utah defines solicitation as a person agreeing to sex in
exchange for money. A new law that went into effect this month
broadened the definition to include any person who indicates
through lewd acts, such as exposing or touching themselves, that
they intend to exchange sex for money.
It was intended to help law enforcement agents working
undercover in prostitution stings, Salt Lake City Police Chief
Chris Burbank said Friday.
He said it would protect officers who were being asked by
prostitutes to expose or touch themselves to prove they’re not
police because making such requests as a precursor to offering sex
for money is illegal under the new law.
“Officers were being put in a position that we’re not going to
allow, so we took a different direction,” Burbank said.
Andrew McCullough, an attorney representing the escort services
in the lawsuit filed May 9, said the law is so broad that it could
allow police to arrest licensed employees of sexually oriented
businesses, such as escort services or strip club dancers, for
doing their job.
The expanded law includes language that makes a person exposing
their genitals or touching themselves sexually an indication that
they are offering sex. Those acts are legal in Utah for private
strippers.
“Most girls who touch their breasts are not telling you they’re
open for sex,” the attorney said.
McCullough said the law is “virtually identical” to one struck
down by a federal judge as unconstitutional in 1988.
The Utah law could be used by police to hassle businesses
protected by the First Amendment, McCullough said. For example, he
said a semi-nude dancer at a strip club could be arrested for
“suggestively thrusting.”
Burbank said officers would not target anyone who is not a
prostitute. Arrests will be made by undercover officers and only
when it becomes obvious that a deal is being arranged, he
said.
Utah House Minority Whip Jennifer Seelig, D-Salt Lake City, who
sponsored the bill during the 2011 legislative session, said she
worked with many different groups, including defense attorneys, to
iron out legal issues with the law.
The intent is to target prostitutes, especially underage ones
who are forced into the sex trade and trained to evade arrest,
Seelig said. The arrest would be the first step in helping them get
off the streets, she said.
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