On April 28, the New Orleans City Council joint Governmental Affairs/Community Development Committee voted to approve an ordinance that would protect sex workers from prosecution if they report a crime, assist law enforcement, or seek medical attention. The ordinance recognizes “the criminalization of sex work often creates an environment where sex workers are vulnerable to exploitation [and] violence,” and that criminalization prevents sex workers from reporting crimes or getting treatment if they need medical care. The ordinance also states that possession of condoms or other prophylactics cannot be used as evidence of prostitution, and states, “the policy is intended to create a climate where sex workers, victims, and witnesses have equal access to reporting violent crimes, and to remind officers that all people are entitled to be treated with value, dignity, and respect and to be protected by law enforcement.” In an era of hyper-criminalization, it’s important to remember that people whose jobs or existences are criminalized are more vulnerable to abuse—from people at work, or from police themselves. (To our cherished readers, who need no reminder that all people are to be treated with value, dignity, and respect, from 2018 to 2020 ANTIGRAVITY published a series of reflections on sex work in The Tricking Hour column by contributor Saint Agatha, preceded by Light Work, by Lyn Archer. Both can be found in our online archives.) The ordinance passed the committee and was approved by the full council on May 8, passing unanimously each time (District C Councilmember Freddie King III was absent for the Council vote). The following are a selection of comments submitted in-person and online for the committee and Council on April 28 and May 8, respectively. (Comments may be minimally edited for clarity and length.)
I support the adoption of the Ordinance related to Sections 54-251.1 and 54-261. Prostitution is a profession that persists regardless of legal enforcement or prohibitive legislation. Taking this into consideration, we must consider the consequences of persecuting these workers in every scenario, even those where they are the victim, as is currently our standard practice. In this case, the Ordinance seeks to allow New Orleanian citizens access to health care while working in a profession where the likelihood of sexual assault is 75%—that’s 3 out of every 4 workers. Also, it would allow our community members the ability to report crimes, including assaults against their person, while working in a profession where a woman’s likelihood of being murdered is 18x higher than any other woman’s. To protect all of our citizens, I would urge you to support this Ordinance. No New Orleanian should feel that they are unable to seek medical treatment or pursue access to legal protections because of their profession.1Sam T. (submitted online for the May 8 meeting)
I’m here to just say thank you to [At-Large] Councilmember [Helena] Moreno and [District B] Councilmember [Lesli] Harris and all the other countless advocates who have come before me who have fought to bring this piece of legislation to the table. During this time of intensified policing and major events such as the Super Bowl, the need for decriminalizing sex work and adopting non-prosecution policies is greater than ever. By providing immunity for people who could be charged with prostitution, we encourage individuals to act in the interest of safety and justice without fear of legal consequences. Granting legal immunity to sex workers who report crimes creates essential protections allowing them to report violence, seek health care, or assist investigations without fear of being cited or prosecuted for prostitution-related offenses. This will produce greater chances for individuals to secure healthy and safe housing, as they will not be beholden to records that will follow them around for the rest of their lives.2Ella S. (submitted before the Council on May 8, with the Louisiana Fair Housing Action Center)
I’m the executive director of Women with a Vision, and for over 35 years, we have worked on behalf of sex workers in the city of New Orleans and around the state, and so we’re in support of this ordinance, especially the piece around condom use. I’m always concerned that we would be trying to tell anyone what they need to do to be safe, in the state that ranks first for all things STI. We have the only sex worker diversion program in the country that is run from the agency working with the courts, and we’ve recently had to re-engage it strongly, because we’re seeing more arrests. And so I stand before you and ask you to support this one for the public health of our community, and the safety of our community.3Deon H. (submitted before the Committee on April 28, with Women With A Vision)
I’m here as an unpaid representative of SWOP Behind Bars—Sex Workers Outreach Project Behind Bars, and we absolutely support this measure to provide immunity to sex workers and others reporting harm and violence. Fear of arrest doesn’t only deter people from reporting these experiences, it also deters people from seeking medical care and treatment due to fear of health care providers reporting to law enforcement—for public health policy, we want everyone to be safe. We want everyone to access the care that we need. So we unequivocally support this measure to provide prosecutorial immunity to sex workers and others vulnerable to criminalization.4Allie B. R. (submitted before the Committee on April 28, with SWOP Behind Bars)
I think when it comes to matters like this, we’re not discussing the morality of the decisions of anyone made. We’re not here to change the current laws around sex work. What we are here to do is to support the people who find themselves in these positions, whether it’s through trafficking or choice, these people should be allowed to access the health care they need, and to report crimes that they’re either witnessing or victims of, and there should be no bars involved in that. I do support this measure. I’m here as a former child sex worker who did survive from the ages of 11 to 26, and I feel like my life would be different if there wasn’t so much stigma surrounding getting care.5Racheala D. (submitted before the Committee on April 28)
To follow up on these issues, you can email your City councilmembers. To submit a public comment, follow instructions at council.nola.gov. Interested in reading all comments after a meeting? You can email your councilmember or file a public records request.
illustration by Sadie Wiese
