Stephany Powell, an advocate for sex crime victims and survivors, hopes Gov. Gavin Newsom will veto Senate Bill (SB) 357.

The legislation proposes ending punishment for people “loitering in a public place with the intent to commit prostitution.”

Powell, who is director of Law Enforcement Training and Survivor Services for the National Center on Sexual Exploitation (NCOSE), and other advocates say, if the bill is signed into law, it would provide increased “open-air” activities in disadvantaged communities.

“I’m just thinking about the people living in the communities that would have to deal with (prostitution),” said Powell, a former city of Los Angeles law enforcement officer. “They (the lawmakers) need to come up with something else because it’s a Band-Aid approach to the issue.  People who don’t have a full understanding of how this can be problematic. I hope it’s vetoed.”

NCOSE, based in Wash., D.C., is dedicated to creating an environment free from sexual abuse and exploitation, through policy, legal, corporate advocacy, education, and public mobilization. Powell joined the organization in 2020.

The author of SB 357, Sen. Scott Wiener (D-San Francisco) presents a counterargument. Wiener says the bill protects sex-trafficked women from the police who use loitering laws to discriminate against minorities, including Black, Latino, trans, lesbian, gay, and bisexual people.

Existing law prohibits soliciting or engaging in an act of prostitution. It also prohibits loitering in a public place “with the intent to commit prostitution, as defined, or directing, supervising, recruiting, or aiding a person who is loitering with the intent to commit prostitution.”

Under the existing law, a violation of any of these provisions is a misdemeanor. SB 357 would decriminalize them.

California Penal Code 653.22 allows police to arrest someone for intending to solicit or engage in prostitution even if the person never actually engages in the act. The offense is commonly referred to as “loitering to commit prostitution” or “loitering for prostitution.”

Powell said this law is effective. Police officers do not actually have to catch someone engaged in prostitution before apprehending them she says, adding that the police “can arrest the sex buyer and the person selling the service.”

Although Powell says it is easy for innocent people to find themselves under suspicion because of the latitude police officers have under current law, she insists, based on knowledge from prosecutors and D.A. offices’ investigations of sex trafficking and underage prostitution, it would not be a significant problem.

“Say if I am the vice cop out there. I see a girl but don’t know if she’s 16 or 19. But remember: if she is under the age of 18, she is automatically considered to be a victim of human trafficking,” Powell said. “The only reason why I would be able to stop her is because of P.C. 653.22. So, let’s say SB 357 becomes legal. Well then, what am I stopping her for? Because, God help me, if she’s 21. I’m going to have some legal problems.”

The governor is getting increased pressure from individuals for and against SB 357, including sex worker advocates across California.

Sex-trafficking survivors and anti-trafficking advocates held a news conference at the California State Capitol to protest SB 357.

Vanessa Russell, founder of the Bay Area’s Love Never Fails, a non-profit dedicated to the restoration, education, and protection of those involved or at risk of becoming involved in domestic human trafficking, said SB 357, the Safer Streets for All Act, is “deeply disturbing.”

“As a direct service provider, I think it’s important to call out a few things, unfortunately. The false narrative that is present and embodied in SB 357,” said Russell. “This is a bill that is preying on the current anti-sentiment of communities of color. This is not a partisan issue. This is a humanitarian issue. It is an issue that all of us need to engage on to show (sex trafficking) survivors they can be safe.”

Four survivors of sex trafficking spoke outside the state capitol to express their displeasure with the bill. They said police officers use loitering laws to nab solicitors and traffickers — as well as to save trafficked women and men from their brutal traffickers.

The survivors believe that without a loitering law, exploitation of these vulnerable women is only going to increase.

“This piece of legislation only protects the buyer and the trafficker,” said survivor Marjorie Saylor, who also runs a nonprofit for former sex-trafficked women exiting prostitution. “And these are traffickers that send his girls into your high schools to recruit your sons and daughters.”

Saylor, a Black woman, said that it was a police officer that helped her escape a sex trafficker.

“I was rescued by law enforcement, and I feel that it is necessary that we work and partner with law enforcement to engage these men, women, boys, and girls on the streets. They need a reason to go in and say someone is being exploited.”

The bill authorizes a person convicted of a violation of loitering with the intent to commit prostitution to petition the court for the dismissal and sealing of their case, and resentencing.

The U.S. Department of State has estimated that 14,500 to 17,500 victims are trafficked into the country each year. The figure does not include victims who are trafficked within the United States each year.

New York City is currently dealing with an open-air sex market that vice authorities are turning a blind eye to due to the Brooklyn District Attorney shifting from prosecuting prostitution cases. Brooklyn’s D.A. has moved to vacate 262 warrants related to the sex trade.

Powell said actions such as these empower pimps and sex traffickers.

“This is what it looks like if prostitution is legal,” Powell said of New York City’s approach to the world’s oldest profession.

California – a populous border state with a significant immigrant population, the State’s Department of Justice stated – is one of the nation’s top destination states for trafficking human beings.

After SB 357 passed the Senate Public Safety Committee in March by a vote of 4-1, Fatima Shabazz of Fatima Speaks, and co-lead of the Policy Committee for the DecrimSexWorkCA Coalition stated, “this is the first step in repealing a Jim Crow law that criminalizes Black and trans people in public spaces.”

“Sex workers are workers like anyone else, and they deserve to be treated with dignity and respect,” said Wiener, presenting his case for repealing what he views as a discriminatory law.

“Our criminal justice system criminalizes people – particularly Black, Brown and LGTBQ people – for simply existing and going about their lives. Laws like this one do nothing to make people safer or stop sex trafficking. Instead, they criminalize members of our community who are simply going about their lives. We need to support sex workers instead of criminalizing them.”

Mayor London N. Breed and Supervisor Gordon Mar announced Wednesday the launch of the Storefront Vandalism Relief Grant program, which provides up to $2,000 in financial relief to restore and repair damages from vandalism at neighborhood storefronts. The program launches during a time when many small businesses are recovering from the impacts of the COVID-19 pandemic.

“Opening and operating a successful small business in San Francisco was becoming increasingly difficult, and the pandemic has made it that much harder,” said Breed. “It has never been more critical for us to provide support to our small businesses in every way that we can, which not only means making it easier to open and operate a small business, but also providing relief when they face challenges. With the launch of the Storefront Vandalism Relief Grant, we are letting our small business community know that we have their back and will fight to ensure that they can continue operating for years to come.”

The Storefront Vandalism Relief Grant provides financial relief to restore small businesses impacted by deliberate actions that result in the destruction or damages of storefronts. This program will offer either $1,000 or $2,000, depending on the total cost incurred to repair physical damages. The $1 million program is designed to serve more than 500 small businesses with gross revenue of less than $8 million that can provide proof of damages from vandalism incurred since July 1, 2020.

The fund will directly support small businesses with financial relief in the aftermath of a crime to restore the harm done. The fund will also allow small businesses to make improvements that enhance security and prevent crime. This includes replacement locks, a new security gate, fixing an alarm system, adding new lighting, replacing windows, etchings on windows, and many others. Improvements are available on a first-come-first-serve basis, based on fund availability.

The Storefront Vandalism Relief Grant is one tool in preventing crime and improving safety in neighborhood commercial corridors. The Office of Economic and Workforce Development (OEWD) also funds programs to help small businesses and neighborhood organizations improve safety through ambassadors and activations to increase foot traffic and community patrols. The fund is not meant to replace the loss of stolen goods and does not include damage to shared spaces.

“During the pandemic, we’ve seen a surge in burglaries and vandalism in every neighborhood targeting small businesses already struggling with unprecedented economic challenges. As we work to prevent these crimes and strengthen safety on our commercial corridors, we must also respond immediately to provide relief to mom-and-pop businesses with direct and tangible support as they recover from these incidents,” said Mar. 

“Following requests from businesses in the Sunset, I worked with Mayor Breed and the Office of Economic and Workforce Development to create the Storefront Vandalism Relief Grant and secured an initial $1 million funding allocation,” said Mar. “The fund will provide financial relief to small businesses in the aftermath of a crime to restore the harm done, including direct costs of property damage or getting a replacement lock or new security measures.”

To apply, eligible businesses are asked to provide receipts, photos of damages and furnish a report from the San Francisco Police Department or from 311 in the case of graffiti. Applications can be found by visiting oewd.org/VandalismRelief.

“On February 26 at 4:00 a.m., a burglar managed to break into my small business without activating the alarm. An hour later an opportunistic looter came into my store and stole additional merchandise. Small businesses are already hurting hard from the pandemic and these crimes are a gut punch to small businesses,” said Michael Hsu, owner of Footprint on Taraval.  

“Since hearing about the Storefront Vandalism Relief Grant, I’ve put in my application to get up to $2,000 to help provide some relief to my business. We need more programs like this to support small businesses in our neighborhood that are struggling from being victims of burglary and vandalism. I’m thankful for our city leaders for initiating this program. Together with the community and leaders, we will get through these tough times.”

“Since the pandemic, I have heard so many stories from small businesses that have been burglarized or vandalized. As a small business owner, myself, I feel and understand their pain and loss,” said Albert Chow, president of People of the Parkside Sunset, a Taraval merchants and residents association. “The Storefront Vandalism Relief Grant is a safety net that is critical to ensuring that our small business owners are able to recover.”

Since the beginning of the pandemic, San Francisco has provided immediate and ongoing support for small businesses, including making available more than $52.8 million in grants and loans to support more than 3,000 small businesses, in addition to tens of millions of dollars in fee and tax deferrals, and assistance applying for state and federal funding. This includes legislation introduced and signed by Mayor Breed to waive $5 million in fees and taxes for entertainment and nightlife venues and small restaurants.

“As we reopen and rebuild, many of our small businesses continue to struggle to make ends meet. These challenges can feel almost insurmountable when small businesses also become victims of vandalism” said Kate Sofis, director of the Office of Economic and Workforce Development.  “San Francisco’s Storefront Vandalism Relief Grant will help alleviate the financial hardship caused by deliberate acts of damage to property. It is one of many tools the City has to support our business community and the vibrancy of our neighborhoods as we work together towards economic recovery.”

“The San Francisco Post’s coverage of local news in San Francisco County is supported by the Ethnic Media Sustainability Initiative, a program created by California Black Media and Ethnic Media Services to support community newspapers across California.”

Alameda County Superior Court issued its final Statement of Decision and Permanent Injunction After Trial in People of the State of California and the City of Oakland v. Dodg Corporation, et al., a major win for the city in a case against a local real estate empire for systemic tenants’ rights violations.

The September 1 decision represents a significant triumph for the city in a case brought several years ago against the owners of a prominent local real estate empire for systematically violating the rights of tenants at buildings their family companies own. 

Not only must the defendants now comply with tenant protection and health and safety laws at all of their properties, but they owe the city and their former tenants significant redress, including financial penalties to the city and compensation to tenants, for their years of unlawful activity.

Said City Attorney Barbara Parker, “Victory in this case means that tenants in Oakland do not have to choose between their fundamental rights and having a roof over their head at any cost. No longer will businesses like Dodg Corporation be able to run roughshod over the people relying on them for shelter, and no longer will landlords feel the same impunity to outright ignore their legal obligations under our local laws.”

When the City Attorney’s Office brought the Dodg Corp. case in 2019, Oakland had long been facing an unprecedented housing crisis. By 2019, the housing crisis was disproportionately impacting low-income households, with nearly half of rental households in Oakland being rent-burdened (i.e., the household spends over 30% of its gross monthly income on rent).

Because of the skyrocketing rents, many low- and middle-income Oakland residents lived and still live under threat of displacement.

Prior to filing the case, the City Attorney’s Office had already worked with members of the City Council and the Mayor’s Office to pass various important laws focusing on protecting Oakland residents, particularly low- and middle-income residents. 

The City Attorney’s Office worked closely with the Council to adopt the Tenant Protection Ordinance (TPO) in 2014, which was amended in 2020 to strengthen the TPO’s protections. But for some abusive landlords, neither the 2014 TPO nor its recent amendments were enough to stop their illegal activities.

For years, the defendants in the Dodg Corp. case owned and operated approximately 60 residential rental properties in the City of Oakland (and owned at least 70 more properties in the city). The lawsuit addressed their flagrant disregard for the letter and spirit of the law with respect to six specific rental properties, where the defendants subjected Oakland residents to grave health and safety risks. 

The owners’ activities included renting units in substandard conditions — including units never intended or approved for residential use — to tenants who were predominantly low-income immigrants, among them tenants whose primary language is not English. 

This predatory business model allowed the owners to profit from renting uninhabitable or dilapidated units, including units that posed severe and imminent fire risks, to tenants who were desperate to find affordable housing and who often lacked the resources to take legal action to defend their rights. 

When tenants were displaced from their homes because their units were so unsafe, the owners further violated the law by neglecting to make relocation payments required by local law, according to a media release from the City Attorney’s Office. 

The case went to trial in early April of this year. In its September 1 decision, the court held that the defendant corporate entities and individual defendants Baljit Singh Mann and Surinder K. Mann exhibited a pattern and practice of violating the Tenant Protection Ordinance, and did so in bad faith, and that they created a public nuisance.

The verdict requires that defendants pay the City over $3.9 million in civil penalties for their egregious violations of tenants’ rights. Defendants must also provide long-overdue relocation payments to the dozens of tenants unlawfully displaced from the six properties at issue in this case. 

Going forward, defendants also may not operate any of their Oakland-owned residential properties in violation of local or state laws. This means the owners must promptly and competently address existing and future violations that jeopardize the well-being of their tenants.

The Oakland Post’s coverage of local news in Alameda County is supported by the Ethnic Media Sustainability Initiative, a program created by California Black Media and Ethnic Media Services to support community newspapers across California.