Notes


1 Delacoste, Frederique and Priscilla Alexander 1987
Sex Work. Pittsburgh: Cleis Press, page 189.

2 See Appendix D. San Francisco Police Department Arrest Reports, January to December 1994. On file with the Police Department. Adults and Juveniles Arrested by Race and Sex; Prostitution-Related Arrests in comparison with other Part II crimes.

3 Weitzer, Ronald. Spring 1995. "New Conflicts Over The Oldest Profession"
Gray Areas, page 52.

4 Governor Wilson's proposed budget for fiscal year 1996-97 eliminates Medi-Cal for drug related disabilities and drastically reduces grants to families on Aids to Families with Dependent Children (AFDC). The effects of both these budget cuts will severely impact local governments across the state; in San Francisco cuts will impose new burdens on social services that are already competing for resources.
Also, "Federal Budget Impact On San Francisco." September 20, 1995. Controller's Office, Presented to Board of Supervisors, Budget Committee.

5 "Police Misconduct Report" On file with the San Francisco Board of Supervisors, submitted for the 'Hearing on Office of Citizen Complaints Reform', 1995. See Appendix D.: Law and Law Enforcement: Testimony.
Also, Yvonne Dotson Vs. Yee , September 1995 prepared by Fania Davis, attorney for Yvonne Dotson, in accordance with settlement against San Francisco in which Federal Court Judge Marilyn Patel of the Ninth Circuit Court directed Dotson to submit recommendations for the Police Department that address police misconduct.

6 On December 7, 1993, the San Francisco Examiner reported that, in a telephone poll based on over 10,000 calls from Examiner readers, 85% supported legalization of prostitution.

7 The Task Force considered other options for controlling prostitution, such as zoning and state-sponsored brothels. These options are not feasible for the city at present because the City cannot create laws which conflict with laws on prostitution. For this and other reasons, the other options do not meet the city's needs. For discussions of regulatory options, see Appendix D.: Law and Law Enforcement: Decriminalization and Regulation.
Also, Section IX. Minority Opinons.

8 See Appendix C. The City Attorney was asked for an opinion on Municipal Code Sections 215 - 248. The City Attorney determined that these codes are unconstitutional. Based on this information, the Task Force recommends that they be repealed by the Board of Supervisors.

9 See Appendix D.: Law and Law Enforcement: City and County of San Francisco Court Management Report, #4344. and Constitutionality of police sweeps and problems faced by persons arrested for Municipal Police Code violations.

10 See Appendix D. Law and Law Enforcement: San Francisco Police Department Arrest Reports, January to December 1994. On file with the Police Department. Adults and Juveniles Arrested by Race and Sex; Prostitution-Related Arrests in comparison with other Part II crimes.
Also, Special Investigations Bureau, Vice Crimes Division, Monthly Report, December 1994.
Also, "Police Abuse of Prostitutes and Office of Citizen Complaints Reform," Documents submitted at OCC reform hearings. See Appendix D.: Laws and Law Enforcement.

11 Kerr, Courtney, March 1994. "Geographical Study of Prostitution in San Francisco"
Journal of Urban Studies pages 30 - 35.

12 Ibid.

13 Arrest statistics clearly indicate discrimination in prostitution arrests based on gender, since only a small percentage of those arrested are male, although the large majority of participants in prostitution are male. Police also discriminate against street prostitutes although they represent the smallest sector of prostitutes. Based on Task Force testimony, African American, Transgender and immigrant women are specifically targeted in cases of harassment and other abuse.

14 Opatry, Dennis J. March 24, 1994. "Police Officer Charged with Kidnapping with Intent to Rape" and "San Francisco Cops Expand Probe in Sex Case"
San Francisco Examiner.

15 Yvonne Dotson Vs. Yee , September 1995 prepared by Fania Davis, attorney for Yvonne Dotson, in accordance with settlement against San Francisco in which Federal Court Judge Marilyn Patel of the Ninth Circuit Court directed Dotson to submit recommendations for the Police Department that address police misconduct.

16 See Appendix B. Existing Laws: Penal Code section 1202.6

17 O'Leary, Ann and Loretta Sweet Jemmott editors. 1995. Women and AIDS: The Emerging Epidemic. New York: Plenum Publishing Corp.
See chapter by: Cohen, Judith Black and Priscilla Alexander. "Female Sex Workers: Scapegoats in the AIDS Epidemic".
Also, Alexander, Priscilla. No. 3. 1993. "HIV/AIDS Surveillance Report" World Health Organization, pages 7 and 11.

18 Ibid.

19 Celia McGuinness, San Francisco Office of the Public Defender, personal communication.

20 See Appendix C.: Response by City Officials. The City Attorney was asked for an opinion on Municipal Code Sections 215 - 248. The City Attorney determined that these codes are unconstitutional.

21 In this way police can target the unwanted activity without harassing a specific class of people. The logic behind this dual strategy is to adopt the most cost effective way of addressing problems in the streets while supporting alternatives that will reduce reliance upon prostitution to earn a living. This will mean an immediate decrease in criminal proceedings and will allow the re-direction of resources to programs that are enumerated in the Health, Safety and Services Section of the Report.

22 See Appendix D.: Law and Law Enforcement. Municipal Codes relating to public disturbances should not be used to target any population including homeless people or prostitutes. When fines are disproportionate or excessive, prostitutes may work additional hours to pay the fines. Such a structure can defeat the potential for efficient allocation of city resources away from expensive criminal prosecutions, thwart a policy of reducing street solicitation and can result in a breach of civil rights. According to reports submitted by Task Force representative Rachel West (US PROS), " The current prostitution laws are enforced disproportionately against sectors discriminated against as a result of their race, sexual orientation, national origin, and/or economic background. Illegal arrests and harassment are common."
Also, Section IX. Minority Opinions.

23 See Appendix B.: Existing Laws Laws that are intended to punish pimps and traffickers (266 h & i) are often used against prostitutes working together to protect themselves (see Appendix D.: Law and Law Enforcement: Testimony) and against women such as Heidi Fleiss, a well-publicized example. Although the current laws that were intended to deal with coercion and other abuse of prostitutes are not effective against the abusers, existing laws against violence and abuse could readily be used to prosecute abusive pimps. Enforcement of laws against violence and other abuse should supplant current laws prohibiting pimping, (living off the earnings of prostitution) and pandering (encouraging prostitution). Also, the Health, Safety and Services, and Implementation sections which recommend supportive and confidential means through which violence against sex workers can be effectively abated.
Also, Keough, Caroline, "Prostitutes Raped with Impunity," 1995. San Francisco Examiner November 26, 1995.

24 San Francisco Municipal Code 241, prohibits persons of "lewd or immoral character from loitering in places of business."

25 See Appendix D: Law and Law Enforcement: Massage Licenses. Currently, the Police Department licenses massage and escort businesses. According to a memo by Police Chief Ribera in response to an inquiry as to why licensing can not be transferred to another City agency, "The high propensity for vice related activities, i.e., prostitution, pimping and pandering requires the Department to monitor the activities of suspect masseuses and masseurs and massage establishment operators. While violations of law detected by the Police Department may be criminally prosecuted, the advantage of being the permitting authority grants the Department the ability to administratively review and discipline offenders." The Task Force Legal Committee reviewed this policy and found that this dual jurisdiction represents a conflict of interest and promotes corruption in the police department. Police are never responsible for "disciplining" violators of the law, the Courts are. Moreover Ribera's argument is specious in light of the over $127,000 a year accrued in licensing fees.

26 There was testimony from prostitutes in San Francisco (and from prostitutes' organizations in other countries) that laws against the 'living off the earnings of prostitution' are often used against families of prostitutes, and against prostitutes working together in various business arrangements. These laws inhibit organization for self-protection and criminalize consensual personal relationships, and numerous other aspects of prostitutes' lives. See Legal Recommendation IV.
Also, See Appendix D: Law and Law Enforcement: Testimony.

27 Senator Milton Marks is presently sponsoring legislation to repeal the minimum mandatory sentencing laws related to conviction for 647(b).

28 According to staff persons at the Center for Juvenile and Criminal Justice, police would issue orders not to release people who had been arrested on prostitution related charges. One staff person recalled that at one point all the women incarcerated on one day were documented as prostitution-related arrests.

29 Special Investigations Bureau, Vice Crimes Division Monthly Report December 1994.

30 See Appendix C.: Response of city officials to requests for information. Letter to Supervisors from Police Chief Anthony D. Ribera, November 17, 1994. The Department made 5,269 prostitution related arrests in 1994.

31 Alison Riker, Center For Juvenile and Criminal Justice, personal communication.

32 Additional expenses include salaries for officers from district stations who provide back up for Vice Crimes activities in neighborhoods by performing field bookings or holding arrestees at the local stations and then transporting them to 850 Bryant Street. Periodic sweeps are also conducted in these neighborhoods, in which persons suspected of prostitution are arrested or cited on a number of public nuisance charges.

33 These figures were not included in the budget provided by the Vice Crimes Division for this study. See Appendix C: Response of city officials to requests for information.

34 Alison Riker, Center For Juvenile and Criminal Justice, personal communication.

35 Riker, Alison and McIntye. December 1993. "Beyond Shelter to Behind Bars"
Center for Juvenile and Criminal Justice Report.

36 Jeff Brown, San Francisco Public Defender.

37 See Appendix C.: Response of city officials to requests for information. Letter to Supervisors from Diane Elan Wick, Presiding Municipal Court Judge. Cost figures for the Municipal Court system are based in part on figures and estimates provided to the Task Force by Municipal Court Clerks and lawyers practicing in the court.

38 Although the D.A. did not provide current information, the estimate is based on similar expenses within the Public Defender's Office. Adjustments were made to account for the fact that while the D.A.'s office handles all prostitution cases, not all cases are similarly defended by the Public Defender, but rather some are handled by private counsel. In addition, the D.A.'s office employees are paid higher salaries than P.D.'s.

39 Jeff Brown, San Francisco Public Defender.

40 In an interview in April 1994 with a representative from the Task Force, Raleigh Greenberg of Forensic AIDS Services, a division of the Sheriff's Department in conjunction with the Health Department, stated that 2% of the overall prison population are incarcerated on prostitution charges. The male and transgender prostitutes in jail are included in this 2% figure.

41 According to Task Force representative Carol Leigh, the country jail incarceration figures above do not include those who serve time in state prison for other (felony) offenses, who have also supported themselves through prostitution. Those who are discharged have few resources and often return to prostitution upon their release. Prostitution arrests (not necessarily convictions), or merely associating with prostitutes can be a parole violation, and they will be incarcerated in state prison, rather than county jail.

42 Lynch, Theresa, and Neckes, Marilyn, December 1978
"The Cost Effectiveness Of Enforcing Prostitution Laws," Unitarian Service Committee p.17.
These figures do not include a variety of costs difficult to calculate such as social and other costs including family instability when mothers are incarcerated, and their children placed in custody; and loss of tax revenue which has been estimated at several millions dollars annually.

43 34. O'Leary, Ann and Loretta Sweet Jemmott editors. 1995.
Women and AIDS: The Emerging Epidemic. New York: Plenum Publishing Corp.
See chapter by: Cohen, Judith Black and Priscilla Alexander.
"Female Sex Workers: Scapegoats in the AIDS Epidemic".

44 See Appendix D: Health, Safety and Services: Needs Assessments

45 Sorge, Rod. Winter 1991. "Harm Reduction: A New Approach to Drug Services"
Health PAC Bulletin, page 70. Sorge defines a 'Harm Reduction' model as, "The recent expansion of an exclusively abstinence oriented service model to include the objective of helping users at any point on the continuum of drug taking behaviors to manage their addictions and their health."

46 See Appendix D: Health, Safety and Service: Service Providers.

47 Services must be provided with confidentiality so that sex workers can report violence, claim compensation, and receive assistance including health care, legal advice, etc., without fear of penalties, harassment, deportation or prosecution.

48 Representative Rachel West raised the concern that labeling prostitutes as drug addicts promotes stereotypes. West states that, "There is no evidence that prostitutes, in general, are any more chemically dependent than the rest of the population."

49 The San Francisco Department of Public Health has been in the forefront of support for needle exchange programs, allocating a significant portion of resources and expanding services to a greater extent than other cities in the US. The above recommendation was formulated prior to the current DPH budget and stands, in light of current allocations, as a recommendation to prioritze these services.

50 Programs must be accessible and sensitive to the needs of female, male and transgender sex workers of diverse racial and ethnic backgrounds, including immigrants, youth as well as adults, pregnant women and people with HIV infection.

51 See Appendix D. Health, Safety and Services: Needs Assessments: Harm Reduction: SAVIVE Clinical Trial.

52 See Appendix D.: Health, Safety and Services: Harm Reduction.

53 See Resource Library: Interim Report, Neighborhood Committee, Exhibit E.

54 See Resource Library: Interim Report, Neighborhood Committee, Exhibits A & B.

55 See Appendix D.: Law and Law Enforcement: Police Misconduct Report. In March 1994 Officer Greg Breslin was charged with assaulting a prostitute. One police officer was recently thrown off the force for kidnapping and raping an employee of a massage parlor that lead to an investigation of most of the Tenderloin Task Force.
Also, Opatry, Dennis J. March 24, 1994. "Police Officer Charged with Kidnapping with Intent to Rape" and "San Francisco Cops Expand Probe in Sex Case,"
San Francisco Examiner.
Also, Resource Library: Interim Report Legal Committee, Exhibits E. F. G & L.

56 See Appendix D.: Testimony.

57 Hayes, Jeremy 1994 "Spread Your Legs, You're Under Arrest," Gauntlet, Volume 1, pages 20-32.

58 Investigation into Discrimination against Transgender People, San Francisco Human Rights Commission, September 1994.
Also, Yvonne Dotson Vs. Yee , September 1995 prepared by Fania Davis.

59 See Appendix D: Testimony.

60 The Task Force invited a conflict resolution facilitator from Community Boards, a non-profit chartered by the city to mediate disputes. See Appendix C. Response of city officials to requests for information.