Community

Supporters, Opponents Clash Over Bill That Would Decriminalize Loitering for Prostitution

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.”

Published

3 years ago

September 20, 2021

Isabelle Price

Stock image of woman in bed with money

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.

“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.”

Isabelle Price

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Alameda County

DA Pamela Price Stands by Mom Who Lost Son to Gun Violence in Oakland

Last week, The Post published a photo showing Alameda County District Attorney Pamela Price with Carol Jones, whose son, Patrick DeMarco Scott, was gunned down by an unknown assailant in 2018.

Published

2 days ago

April 22, 2024

Oakland Post

District Attorney Pamela Price with Carol Jones

Publisher’s note: Last week, The Post published a photo showing Alameda County District Attorney Pamela Price with Carol Jones, whose son, Patrick DeMarco Scott, was gunned down by an unknown assailant in 2018. The photo was too small for readers to see where the women were and what they were doing. Here we show Price and Jones as they complete a walk in memory of Scott. For more information and to contribute, please contact Carol Jones at 510-978-5517 at morefoundation.help@gmail.com. Courtesy photo.

Oakland Post

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City Government

Vallejo Welcomes Interim City Manager Beverli Marshall

At Tuesday night’s Council meeting, the Vallejo City Council appointed Beverli Marshall as the interim city manager. Her tenure in the City Manager’s Office began today, Wednesday, April 10. Mayor Robert McConnell praised Marshall’s extensive background, noting her “wide breadth of experience in many areas that will assist the City and its citizens in understanding the complexity of the many issues that must be solved” in Vallejo.

Published

2 days ago

April 22, 2024

Oakland Post

Beverli Marshall began her first day with the City on April 10. ICMA image.

Special to The Post

At Tuesday night’s Council meeting, the Vallejo City Council appointed Beverli Marshall as the interim city manager. Her tenure in the City Manager’s Office began today, Wednesday, April 10.

Mayor Robert McConnell praised Marshall’s extensive background, noting her “wide breadth of experience in many areas that will assist the City and its citizens in understanding the complexity of the many issues that must be solved” in Vallejo.

Current City Manager Michael Malone, whose official departure is slated for April 18, expressed his well wishes. “I wish the City of Vallejo and Interim City Manager Marshall all the best in moving forward on the progress we’ve made to improve service to residents.” Malone expressed his hope that the staff and Council will work closely with ICM Marshall to “ensure success and prosperity for the City.”

According to the Vallejo Sun, Malone stepped into the role of interim city manager in 2021 and became permanent in 2022. Previously, Malone served as the city’s water director and decided to retire from city service e at the end of his contract which is April 18.

“I hope the excellent work of City staff will continue for years to come in Vallejo,” he said. “However, recent developments have led me to this decision to announce my retirement.”

When Malone was appointed, Vallejo was awash in scandals involving the housing division and the police department. A third of the city’s jobs went unfilled during most of his tenure, making for a rocky road for getting things done, the Vallejo Sun reported.

At last night’s council meeting, McConnell explained the selection process, highlighting the council’s confidence in achieving positive outcomes through a collaborative effort, and said this afternoon, “The Council is confident that by working closely together, positive results will be obtained.”

While the search for a permanent city manager is ongoing, an announcement is expected in the coming months.

On behalf of the City Council, Mayor McConnell extended gratitude to the staff, citizen groups, and recruitment firm.

“The Council wishes to thank the staff, the citizens’ group, and the recruitment firm for their diligent work and careful consideration for the selection of what is possibly the most important decision a Council can make on behalf of the betterment of our City,” McConnell said.

The Vallejo Sun contributed to this report.

Oakland Post

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City Government

Vallejo Community Members Appeal Major Use Permit for ELITE Charter School Expansion

Vallejo community members, former Solano County judge Paul Beeman and his wife Donna Beeman, filed an appeal against the approval of the Major Use Permit for the expansion of ELITE Public Schools into downtown less than two weeks after the Planning Commission approved the permit with a 6-1 vote.

Published

2 days ago

April 22, 2024

Oakland Post

Vallejo community members have appealed the Major Use Permit for the ELITE Public Schools Charter high school expansion in the downtown area. Photo by Kinyon and Kim Architects, Inc.

By Magaly Muñoz

ELITE Charter School has been attempting to move into the downtown Vallejo area at 241-255 Georgia Street for two years, aiming to increase its capacity for high school students. However, a small group of residents and business owners, most notably the Beeman’s, have opposed the move.

The former county judge and his wife’s appeal alleges inaccuracies in the city’s staff report and presentation, and concerns about the project’s exemption from the California Environmental Quality Act (CEQA).

The Beeman’s stress that their opposition is not based on the charter or the people associated with it but solely on land use issues and potential impact on their business, which is located directly next to the proposed school location.

The couple have been vocal in their opposition to the expansion charter school with records of this going back to spring of last year, stating that the arrival of the 400 students in downtown will create a nuisance to those in the area.

During the Planning Commission meeting, Mr. Beeman asked Commissioner Cohen-Thompson to recuse herself from voting citing a possible conflict of interest because she had voted to approve the school’s expansion as trustee of the Solano County Board of Education. However, Cohen-Thompson and City Attorney Laura Zagaroli maintained that her positions did not create a conflict.

“I feel 100% that the attorney’s opinion is wrong,” Beeman told the Post.

He believes that Cohen-Thompson has a vested interest in upholding her earlier vote as a trustee and is advocating for people to ratify her opinion.

Cohen-Thompson declined to comment on the Post’s story and Zagaroli did not respond for comment.

The Beeman’s further argue that the school’s presence in the commercial district could deter future businesses, including those who sell alcohol due to proximity to schools.

According to Alcohol Beverage Control (ABC), the department can deny any retail license located within 600 feet of a school. Only one alcohol selling business is located within that range, which is Bambino’s Italian restaurant at 300 feet from the proposed location.

The project’s proponents argue that the school would not affect current or future liquor-selling establishments as long as they follow the ABC agency’s guidelines.

The Beeman’s also referenced Vallejo’s General Plan 2040, stating that the proposed expansion does not align with the plan’s revitalization efforts or arts and entertainment use. They argue that such a development should focus on vacant and underutilized areas, in accordance with the plan.

The proposed location, 241 Georgia Street aligns with this plan and is a two minute walk from the Vallejo Transit Center.

The General Plan emphasizes activating the downtown with, “Workers, residents, and students activate the downtown area seven days a week, providing a critical mass to support a ‘cafe culture’ and technology access, sparking innovation and entrepreneurship.”

City staff recommended exempting the project from CEQA, citing negligible impacts. However, Beeman raised concerns about increased foot traffic potentially exacerbating existing issues like theft and the lack of police presence downtown. He shared that he’s had a few encounters with kids running around his office building and disturbing his work.

Tara Beasley-Stansberry, a Planning Commissioner and owner of Noonie’s Place, told the Post that the arrival of students in downtown can mean not only opportunities for surrounding businesses, but can allow for students to find their first jobs and continue to give back to the community in revitalization efforts.

Beasley-Stansberry had advocated for the students at the March Commission meeting, sharing disappointment in the way that community members spoke negatively of the teens.

“To characterize these children as criminals before they’ve even graduated from high school, that’s when I had to really take a look and I was kind of lost as to where we were as a city and as a community to where I couldn’t understand how we were viewing these children,” Beasley-Stansberry told the Post.

She added that the commissioners who voted yes on the project location have to do what is right for the community and that the city’s purpose is not all about generating businesses.

ELITE CEO Dr. Ramona Bishop, told the Post that they have worked with the city and responded to all questions and concerns from the appropriate departments. She claimed ELITE has one of the fastest growing schools in the county with mostly Vallejo residents.

“We have motivated college-bound high school students who deserve this downtown location designed just for them,” Bishop said. “We look forward to occupying our new [location] in the fall of 2024 and ask the Vallejo City Council to uphold their Planning Commission vote without delay.”

The Vallejo City Council will make the final decision about the project location and Major Use Permit on April 23.