Subject: De-Crim Team
Date: June 24, 2012 3:22:06 PM CDT
I am trying to accept my re-positioning in your world so, please excuse the tenor of this writing. Regardless of where you choose to place me, I am moving forward with what is now my project as promised.
In that context, I wanted to share a few final concerns before I began the process of finalizing the complaint which will be filed in the US District Court in early August. Shooting for the 9th for personal reasons.
1) You cannot be the candidate because it would be impossible to argue that criminalization prevents you from prostitution. As in Roe, the petitioner must be someone who is constrained by state law from engaging in consensual commercial sex. That is not you. I will locate such a candidate through my own resources.
2) One of the major counter-arguments to be made will be that if prostitution is decriminalized, pimping will be legal. Since the criminalization of prostitution is predicated on prostitution being proscribed action, then the pimps could argue that they are not engaging in criminal activity since their escorts are only doing what would be legal. The Courts and the state will make that argument and it will be fatal to my effort unless I can successfully deconstruct the current statute to keep the pimps as outlaws. I can hear the argument now “If hookers are not outlawed, only pimps will have hookers.” My student volunteers have been assigned the task to deconstruct the statute.
3) The final focus will be on 1 & 2. When done, I will report the results when you want me to hear.