1
00:00:00,000 --> 00:00:01,000
KB

2
00:00:01,000 --> 00:00:02,000
Welcome back to the Oldest Profession podcast. I'm your host, Kaytlin Bailey and today we are

3
00:00:02,000 --> 00:00:03,000
going to talk about Rhode Island. Now, I talk about sex worker rights for a living. All day, I talk to

4
00:00:03,000 --> 00:00:04,000
people about decrim and why it's the only policy that reduces violence, and why it's the only

5
00:00:04,000 --> 00:00:05,000
policy that sex workers all over the world want. And often well-meaning people will ask me a

6
00:00:05,000 --> 00:00:06,000
reasonable question, which is, how can you know that the decriminalization of sex work is so

7
00:00:06,000 --> 00:00:07,000
great?

8
00:00:07,000 --> 00:00:08,000
Now we can and do talk about New Zealand and several states in Australia and other examples

9
00:00:08,000 --> 00:00:09,000
on the other side of the world. But what I want people to understand is that we actually ran an

10
00:00:09,000 --> 00:00:10,000
accidental or natural experiment right here in the US because for a period of time, Rhode Island

11
00:00:10,000 --> 00:00:11,000
decriminalized indoor consensual adult prostitution.

12
00:00:11,000 --> 00:00:12,000
So we have real statistics and real evidence about what can happen when you just stop

13
00:00:12,000 --> 00:00:13,000
arresting people who buy or sell sex. Let's get into it.

14
00:00:13,000 --> 00:00:14,000
​

15
00:00:14,000 --> 00:00:15,000
[opening]​

16
00:00:15,000 --> 00:00:16,000
KB​

17
00:00:16,000 --> 00:00:17,000
There are a lot of places we could start this story, but I want to start with Mike.

18
00:00:17,000 --> 00:00:18,000
Michael

19
00:00:18,000 --> 00:00:19,000
Okay, My name is Michael x. I'm an attorney in Providence, Rhode Island. In the past, I was a

20
00:00:19,000 --> 00:00:20,000
criminal defense lawyer, and now I'm a personal injury attorney.

21
00:00:20,000 --> 00:00:21,000
I had an appointment to meet a client for an auto accident case, and the client never showed

22
00:00:21,000 --> 00:00:22,000
up, but a Korean lady came walking in, actually running in, and she was kind of frantic and she

23
00:00:22,000 --> 00:00:23,000
asked me if I would go help our friends that they were at the police station, and I agreed to do

24
00:00:23,000 --> 00:00:24,000
that.

25
00:00:24,000 --> 00:00:25,000
I saw the officer that was in charge, told them I was there to represent several ladies. I didn't

26
00:00:25,000 --> 00:00:26,000
even have their names. My goal was to get them released on bail, contacted the bail

27
00:00:26,000 --> 00:00:27,000
commissioner, and I waited at the police station, chatted with the girls, and eventually the bail

28
00:00:27,000 --> 00:00:28,000
commissioner came. He read the charges. We entered not guilty pleas to all of them. He

29
00:00:28,000 --> 00:00:29,000
released each one on a small amount of bail. They paid it and I drove them back to where they

30
00:00:29,000 --> 00:00:30,000
had been arrested from.

31
00:00:30,000 --> 00:00:31,000
So when I dropped them off, I didn't just open the door and say, “Here you are.” I went into the

32
00:00:31,000 --> 00:00:32,000
building with them and there was a lady there who seemed to be in charge of running the floor

33
00:00:32,000 --> 00:00:33,000
of the house that they were renting. She was very, very nice.We got into a conversation. It was a

34
00:00:33,000 --> 00:00:34,000
very nice, pleasant environment. The place is beautiful inside. It's one of these old, old, old

35
00:00:34,000 --> 00:00:35,000
Victorian type homes that they have on Broadway. And in the course of that, she asked me if I

36
00:00:35,000 --> 00:00:36,000
would consider representing the girls on the charges.

37
00:00:36,000 --> 00:00:37,000
KB

38
00:00:37,000 --> 00:00:38,000
Can you talk about what happened next? You decided to take on this case. What did you find

39
00:00:38,000 --> 00:00:39,000
when you started to look into it?

40
00:00:39,000 --> 00:00:40,000
MK

41
00:00:40,000 --> 00:00:41,000
Well, the first thing I needed to do was get up to speed on the criminal law. I looked at the law of

42
00:00:41,000 --> 00:00:42,000
arrest and I looked at the law of misdemeanor arrests in particular and I found this aspect of the

43
00:00:42,000 --> 00:00:43,000
law that talked about public, in public. And as I was thinking back to the day when I was in that

44
00:00:43,000 --> 00:00:44,000
house, it didn't look like it was all that public to me. It looked like it was a private residential type

45
00:00:44,000 --> 00:00:45,000
of building. So I started to think of a factual defense, whether I could build a defense around the

46
00:00:45,000 --> 00:00:46,000
public aspect of the statutory requirement.

47
00:00:46,000 --> 00:00:47,000
This is the first of a series of cases that led to the 2003 case. What I did was I went to court and

48
00:00:47,000 --> 00:00:48,000
we entered not guilty pleas again in front of the judge. The case was continued two weeks for a

49
00:00:48,000 --> 00:00:49,000
conference with the attorney for the city.

50
00:00:49,000 --> 00:00:50,000
And at that time during the conference, I mentioned to him, “How are you going to prove this

51
00:00:50,000 --> 00:00:51,000
happened in public? Based on the police reports, the officers were inside of the building.” And

52
00:00:51,000 --> 00:00:52,000
he said, “Are you going to go with that kind of a defense?” I said, “It seems like a real defense

53
00:00:52,000 --> 00:00:53,000
here.”

54
00:00:53,000 --> 00:00:54,000
And eventually he went in front of the judge and agreed to drop the charges. And my case was

55
00:00:54,000 --> 00:00:55,000
dismissed against these four women. And I thought that was the end of it. Sure. Until the

56
00:00:55,000 --> 00:00:56,000
scenario repeated itself.

57
00:00:56,000 --> 00:00:57,000
And I kept fighting my cases while the other lawyers were leading, a couple of the other lawyers,

58
00:00:57,000 --> 00:00:58,000
were pleading their clients. So what was really happening was the prosecutor for the city was

59
00:00:58,000 --> 00:00:59,000
dismissing my cases rather than getting a decision from the judge or pushing the issue on the

60
00:00:59,000 --> 00:01:00,000
public aspect.

61
00:01:00,000 --> 00:01:01,000
My thinking was most of my clients were not U.S. citizens. There is a provision, where at that

62
00:01:01,000 --> 00:01:02,000
time, there was a provision in the immigration law that if you were convicted of a prostitution

63
00:01:02,000 --> 00:01:03,000
type offense, you could be at that time, you could be removed from the country as undesirable

64
00:01:03,000 --> 00:01:04,000
because of the nature of your conviction. It wasn't just prostitution, but that was definitely in my

65
00:01:04,000 --> 00:01:05,000
mind, that if I pled my client to something that sounded like it was prostitution, that it might get

66
00:01:05,000 --> 00:01:06,000
them excluded from the country.

67
00:01:06,000 --> 00:01:07,000
KB

68
00:01:07,000 --> 00:01:08,000
So after a few of these cases, Michael became the go-to guy for prostitution related arrests.

69
00:01:08,000 --> 00:01:09,000
And so you got the attention of the, you know, powers that be in Rhode Island. They came after

70
00:01:09,000 --> 00:01:10,000
you, right?

71
00:01:10,000 --> 00:01:11,000
MK

72
00:01:11,000 --> 00:01:12,000
Well, they weren’t coming after me, they were coming after my attack on the statue. My defense

73
00:01:12,000 --> 00:01:13,000
that I was using. And the pressure came from the top as I understood it. It probably came down

74
00:01:13,000 --> 00:01:14,000
through the police department that we have to stop dismissing Mike Kiselica’s cases. We think

75
00:01:14,000 --> 00:01:15,000
we can build a charge for illegal massage and for loitering for purposes of prostitution. So we

76
00:01:15,000 --> 00:01:16,000
had to have a trial on this case, on this issue.

77
00:01:16,000 --> 00:01:17,000
KB

78
00:01:17,000 --> 00:01:18,000
Okay. And so you guys went to trial. And can you talk a little bit about that experience?

79
00:01:18,000 --> 00:01:19,000
MK

80
00:01:19,000 --> 00:01:20,000
Yeah, it wasn't a real trial in the classic sense. There was no pounding on the table,

81
00:01:20,000 --> 00:01:21,000
cross-examining witnesses or anything of that nature. I looked at the police reports and I said to

82
00:01:21,000 --> 00:01:22,000
the prosecutor, “Are your officers going to testify that anything that isn't in their report?” And he

83
00:01:22,000 --> 00:01:23,000
said, “No, they're going to be testifying to what's in their report.” I said, “Well, I'll stipulate that

84
00:01:23,000 --> 00:01:24,000
your officers’ reports can be used as evidence against my client.”

85
00:01:24,000 --> 00:01:25,000
So we talked to the judge about it and she said, “Really, I don't have to listen to a couple of days

86
00:01:25,000 --> 00:01:26,000
of testimony? I can read, you know, and have it researched and have, you know, instead of me

87
00:01:26,000 --> 00:01:27,000
recording what I think, you will have it on paper as stipulated facts. Sure, I'll do a trial like that if

88
00:01:27,000 --> 00:01:28,000
it's okay with the defense.” I said, “Yeah, Judge, it is.”

89
00:01:28,000 --> 00:01:29,000
And we reached an agreed statement of facts and signed our names to it. At which point I filed a

90
00:01:29,000 --> 00:01:30,000
memorandum of law to dismiss the case based on the fact that everything the police officers

91
00:01:30,000 --> 00:01:31,000
must be accepted is true, it doesn't amount to a violation of the law because none of this

92
00:01:31,000 --> 00:01:32,000
occurred in the public setting.

93
00:01:32,000 --> 00:01:33,000
The judge, if I remember correctly, took about a month or so to analyze my arguments and also

94
00:01:33,000 --> 00:01:34,000
the counterarguments of the city. She gave this a lot of thought and she told us what day to

95
00:01:34,000 --> 00:01:35,000
come to court for a decision. It was in the afternoon. It was Judge Elaine Bucci. And I think it

96
00:01:35,000 --> 00:01:36,000
was a pretty courageous decision by her, one that was not going to put her in good standing, so

97
00:01:36,000 --> 00:01:37,000
to speak, with the public.

98
00:01:37,000 --> 00:01:38,000
She knew exactly what was going on and she said, “I know what's going on here, but I have to

99
00:01:38,000 --> 00:01:39,000
look at the fact that in this particular case, the building where the events took place had an

100
00:01:39,000 --> 00:01:40,000
exterior glass door that had a lock on it, and you had to be buzzed through that. You walked

101
00:01:40,000 --> 00:01:41,000
through a lobby and you got to another solid wood door, which also had a lock on it that had to

102
00:01:41,000 --> 00:01:42,000
be opened from the inside only, and that was opened by someone working for that particular

103
00:01:42,000 --> 00:01:43,000
spa. Once you got inside there, you were taken to a small room which didn't have a lock on the

104
00:01:43,000 --> 00:01:44,000
door but had a solid wood door where it was just you and a woman inside that room and no one

105
00:01:44,000 --> 00:01:45,000
could hear what was going on. No one could see what was going on.”

106
00:01:45,000 --> 00:01:46,000
I had a pretty good argument.

107
00:01:46,000 --> 00:01:47,000
KB

108
00:01:47,000 --> 00:01:48,000
Yeah, that's hard to make an argument that that's happening in a public space.

109
00:01:48,000 --> 00:01:49,000
MK

110
00:01:49,000 --> 00:01:50,000
Yeah. And it failed that part of the test and the prostitution charges were dismissed. They also

111
00:01:50,000 --> 00:01:51,000
tried their fallback position, which was that this is the crime of giving a massage without a

112
00:01:51,000 --> 00:01:52,000
massage license. There are particular requirements in the law for a massage to take place. It

113
00:01:52,000 --> 00:01:53,000
has to be targeted for health purposes. The officers rendered no complaints of any physical

114
00:01:53,000 --> 00:01:54,000
problems. They did not ask for anything to be treated, any particular areas of the body. The

115
00:01:54,000 --> 00:01:55,000
women did not offer to treat any area of the body. The word massage was actually not used and

116
00:01:55,000 --> 00:01:56,000
the judge found that this, whatever it was, was more like a backrub than a massage. It was not a

117
00:01:56,000 --> 00:01:57,000
medical type of procedure that would be governed by the rules of the Department of Health.

118
00:01:57,000 --> 00:01:58,000
KB

119
00:01:58,000 --> 00:01:59,000
All right, so this judge's decision comes down. Is this the moment that this decision gets a lot of

120
00:01:59,000 --> 00:02:00,000
press? Like, is this when it becomes known throughout Rhode Island?

121
00:02:00,000 --> 00:02:01,000
MK

122
00:02:01,000 --> 00:02:02,000
It did not get a lot of press initially. And there were other police departments that were still

123
00:02:02,000 --> 00:02:03,000
arresting girls under similar circumstances. Not every one of these businesses was located in

124
00:02:03,000 --> 00:02:04,000
Providence. So some of the outlying communities were still having raids and arrests and

125
00:02:04,000 --> 00:02:05,000
prosecuting this law like it was a valid law.

126
00:02:05,000 --> 00:02:06,000
I would say that every six or eight months it seemed like there was a raid on one theory or

127
00:02:06,000 --> 00:02:07,000
another. They went into business requirements and zoning requirements and inspection

128
00:02:07,000 --> 00:02:08,000
requirements. They tried to prove that people were living on the first floor of a commercial

129
00:02:08,000 --> 00:02:09,000
building, which apparently is illegal, or they had a stove or people were living overnight. They

130
00:02:09,000 --> 00:02:10,000
had a lot of different angles they approached the business at. They went after the landlords a

131
00:02:10,000 --> 00:02:11,000
little bit. Those kind of things.

132
00:02:11,000 --> 00:02:12,000
KB

133
00:02:12,000 --> 00:02:13,000
We’re going to get back to Michael’s story in a minute, but first I want to address one burning

134
00:02:13,000 --> 00:02:14,000
question which is how did this happen? There's a lot of talk from politicians and people in the

135
00:02:14,000 --> 00:02:15,000
media about there being some kind of overlooked loophole, or how maybe legislators

136
00:02:15,000 --> 00:02:16,000
accidentally decriminalized indoor sex work in Rhode Island. But I sat down with a couple of

137
00:02:16,000 --> 00:02:17,000
folks to get the record straight.

138
00:02:17,000 --> 00:02:18,000
KB

139
00:02:18,000 --> 00:02:19,000
And the first is long serving sex worker rights activist Bella Robinson, who founded COYOTE,

140
00:02:19,000 --> 00:02:20,000
Rhode Island. Now, of course, longtime listeners of the podcast will recognize COYOTE as one

141
00:02:20,000 --> 00:02:21,000
of the first sex worker rights organizations in the U.S. And of course, it stands for, Call Off Your

142
00:02:21,000 --> 00:02:22,000
Old Tired Ethics.

143
00:02:22,000 --> 00:02:23,000
BR

144
00:02:23,000 --> 00:02:24,000
Well, it started with Margo St. James and Margo sued Providence police in the state because

145
00:02:24,000 --> 00:02:25,000
the prostitution laws were so vague. It said if you had indiscriminate sex, you didn't even have to

146
00:02:25,000 --> 00:02:26,000
pass money. Have sex with someone beside your husband and be locked up. Right. And it was

147
00:02:26,000 --> 00:02:27,000
a felony. So, she sued the state, the city and the state.

148
00:02:27,000 --> 00:02:28,000
And the one complaint was they were only going after the women. And the second complaint

149
00:02:28,000 --> 00:02:29,000
was what right does the state have to do in the sex lives of adults in private?

150
00:02:29,000 --> 00:02:30,000
KB

151
00:02:30,000 --> 00:02:31,000
I'm the kind of nerd that likes to get into the details of the law. So I contacted Steven Brown, who

152
00:02:31,000 --> 00:02:32,000
is the executive director of the American Civil Liberties Union of Rhode Island, and he's been in

153
00:02:32,000 --> 00:02:33,000
this fight for a long time. Steven, what happened in 1976?

154
00:02:33,000 --> 00:02:34,000
SB

155
00:02:34,000 --> 00:02:35,000
COYOTe, the sex worker rights organization filed a lawsuit here in Providence, Rhode Island,

156
00:02:35,000 --> 00:02:36,000
challenging Rhode Island's prostitution laws. That lawsuit led to a settlement where, the Rhode

157
00:02:36,000 --> 00:02:37,000
Island legislature, revised the state's prostitution laws and essentially made, indoor, consensual

158
00:02:37,000 --> 00:02:38,000
sex, even for compensation, lawful.

159
00:02:38,000 --> 00:02:39,000
So, Rhode Island for a number of years until 2009, which I know we'll get to, essentially had

160
00:02:39,000 --> 00:02:40,000
decriminalized prostitution in the state.

161
00:02:40,000 --> 00:02:41,000
KB

162
00:02:41,000 --> 00:02:42,000
Can you help me understand? So this case happens. The legislature is tasked with revising the

163
00:02:42,000 --> 00:02:43,000
law. They do so. Why does this suddenly come up in 2003? Why isn't this a big story in 1980?

164
00:02:43,000 --> 00:02:44,000
Why aren't there, you know, consensual adult brothels everywhere?

165
00:02:44,000 --> 00:02:45,000
SB

166
00:02:45,000 --> 00:02:46,000
Yeah, that's a great question. So the 1980 settlement was agreed to by all sides. I mean, it was

167
00:02:46,000 --> 00:02:47,000
not just, COYOTE, the state, the state's attorney general all agreed that the law needed to be

168
00:02:47,000 --> 00:02:48,000
changed, and they all recognized what they were doing. You know, one of the one of the real

169
00:02:48,000 --> 00:02:49,000
myths that occurred in 2009 and before then when there was an attempt to re-criminalize

170
00:02:49,000 --> 00:02:50,000
prostitution in the state, was that there was somehow a loophole that occurred in 1980 with the

171
00:02:50,000 --> 00:02:51,000
settlement of the case.

172
00:02:51,000 --> 00:02:52,000
But that's not at all. Everybody knew what the General Assembly had done. And there was

173
00:02:52,000 --> 00:02:53,000
really no pushback for a few decades. That was still early. You know, it's important to note, I

174
00:02:53,000 --> 00:02:54,000
mean, the soliciting for prostitution in public that remained illegal. So arrests were still going on,

175
00:02:54,000 --> 00:02:55,000
but the act itself was not, what occurred inside was perfectly lawful.

176
00:02:55,000 --> 00:02:56,000
And things just stayed that way for a long time. And that what happened in 2003 is that, the

177
00:02:56,000 --> 00:02:57,000
Providence police suddenly became very concerned because there was an increase in

178
00:02:57,000 --> 00:02:58,000
so-called “Asian Spas” in Rhode Island. And they were conducting raids but unable to bring

179
00:02:58,000 --> 00:02:59,000
charges a lot of the time because indoor prostitution was not illegal under the law.

180
00:02:59,000 --> 00:03:00,000
KB

181
00:03:00,000 --> 00:03:01,000
Steven, can you talk to me a little bit about what these raids looked like? Like, what were the

182
00:03:01,000 --> 00:03:02,000
police doing?

183
00:03:02,000 --> 00:03:03,000
SB

184
00:03:03,000 --> 00:03:04,000
First, they were arresting women. You know, it was almost all women, of course. And doing it

185
00:03:04,000 --> 00:03:05,000
and specifically saying they were doing it to try to get them to name names, you know, to name

186
00:03:05,000 --> 00:03:06,000
who was, you know, who they were giving their money to, you know, who the so-called pimps

187
00:03:06,000 --> 00:03:07,000
were. So they were arresting them, putting them in prison all in the name of helping them.

188
00:03:07,000 --> 00:03:08,000
And at the same time, what was going on is they were also contacting immigration officials. So

189
00:03:08,000 --> 00:03:09,000
the, again, the women they were supposedly trying to help, they were, you know, they were

190
00:03:09,000 --> 00:03:10,000
letting immigration know if their statuswas not legal.

191
00:03:10,000 --> 00:03:11,000
KB

192
00:03:11,000 --> 00:03:12,000
I think what's so frustrating to so many people that I spoke to is that these raids were being

193
00:03:12,000 --> 00:03:13,000
framed as a rescue operation, because the dominant narrative is that the people that worked at

194
00:03:13,000 --> 00:03:14,000
these spas were literal sex slaves. But let's go back to Michael to hear how these raids and this

195
00:03:14,000 --> 00:03:15,000
narrative impacted his clients.

196
00:03:15,000 --> 00:03:16,000
MK

197
00:03:16,000 --> 00:03:17,000
It was alleged many times to me that none of the clients I represented wanted to do this, that

198
00:03:17,000 --> 00:03:18,000
they were all being held there against their will, that they didn't have access to their passports,

199
00:03:18,000 --> 00:03:19,000
they did not have access to health care. They were being moved around like you would trade

200
00:03:19,000 --> 00:03:20,000
cattle, horses, or something like that.

201
00:03:20,000 --> 00:03:21,000
I saw zero of that. I saw very grateful clients and not one of them ever confided in me. And I had

202
00:03:21,000 --> 00:03:22,000
a lot of conversations face to face, me, the client only,no one else there. Not one of them ever

203
00:03:22,000 --> 00:03:23,000
said to me, “Help me, help me get me out of this.” Not one of them did. And the police would

204
00:03:23,000 --> 00:03:24,000
often bring it, like, many of the girls were Korean. They would bring a Korean interpreter and put

205
00:03:24,000 --> 00:03:25,000
them together in a room and never uncovered evidence. I'm not saying it's that way in every

206
00:03:25,000 --> 00:03:26,000
circumstance, but every circumstance I was involved in it was that way.

207
00:03:26,000 --> 00:03:27,000
KB

208
00:03:27,000 --> 00:03:28,000
It is easy for me to imagine being incredibly grateful for being out of jail. It feels like you're the

209
00:03:28,000 --> 00:03:29,000
one who's rescuing someone in the situation, right? Not the police officers. Right. These raids

210
00:03:29,000 --> 00:03:30,000
are not helping any of your clients. It's why they enlisted your services, right?

211
00:03:30,000 --> 00:03:31,000
MK

212
00:03:31,000 --> 00:03:32,000
Wow. What a question you just asked. I hope you put the question with my answer. The change

213
00:03:32,000 --> 00:03:33,000
in the law to make this, to re-criminalize this, was pushed as a move to help the women, to

214
00:03:33,000 --> 00:03:34,000
protect the women. We need to be able to arrest them so that we can identify who they are, that

215
00:03:34,000 --> 00:03:35,000
they're in the country legally. We need to find out if they're getting appropriate health care or if

216
00:03:35,000 --> 00:03:36,000
they're being held against their will, if they're being forced into this. If we can't arrest them, we

217
00:03:36,000 --> 00:03:37,000
can't fulfill that purpose.

218
00:03:37,000 --> 00:03:38,000
So I was shocked to hear law enforcement speaking that way. But they did. And that was one of

219
00:03:38,000 --> 00:03:39,000
the official positions of why we needed to change that law.

220
00:03:39,000 --> 00:03:40,000
KB

221
00:03:40,000 --> 00:03:41,000
Let's pause here for a minute. We established that in 1980, Rhode Island effectively

222
00:03:41,000 --> 00:03:42,000
decriminalized indoor prostitution. And this doesn't seem to be a problem or cause any major

223
00:03:42,000 --> 00:03:43,000
fuss from anyone involved.

224
00:03:43,000 --> 00:03:44,000
But around this time, you start to see an increase in migration from Southeast Asia—Vietnam,

225
00:03:44,000 --> 00:03:45,000
Cambodia, Laos—following the Vietnam War. This increased visibility of Southeast Asian

226
00:03:45,000 --> 00:03:46,000
women, especially in the Asian owned massage parlors, causes a xenophobic backlash.

227
00:03:46,000 --> 00:03:47,000
So I called up fellow sex work history scholar, Aya Gruber, who is a professor at USC Gould,

228
00:03:47,000 --> 00:03:48,000
who explained this pretty succinctly.

229
00:03:48,000 --> 00:03:49,000
AG

230
00:03:49,000 --> 00:03:50,000
Recently, I've gone back and looked at just the whole history of sex criminalization. And it just

231
00:03:50,000 --> 00:03:51,000
strikes me that sex workers were really the women, mostly women, upon who people displaced

232
00:03:51,000 --> 00:03:52,000
their anxieties, anxieties about sex, anxieties about women's role.

233
00:03:52,000 --> 00:03:53,000
Because when you think about it, here were women who were not only, you know, in violation of

234
00:03:53,000 --> 00:03:54,000
these chastity mores. They were actually in the economy.

235
00:03:54,000 --> 00:03:55,000
Imagine that you're in the position of a undocumented sex worker, right, who's already liable for

236
00:03:55,000 --> 00:03:56,000
all kinds of criminal things. They have children, they have established lives. It is very hard to

237
00:03:56,000 --> 00:03:57,000
make public statements.

238
00:03:57,000 --> 00:03:58,000
And yet, when they were taking testimony finally for the hearing, sex workers came out with

239
00:03:58,000 --> 00:03:59,000
interpreters and talked about their experiences. And one sex worker said, look, I've been doing

240
00:03:59,000 --> 00:04:00,000
this a while, and I just and it really hits you. She said, “I just need to pay for my oldest child to go

241
00:04:00,000 --> 00:04:01,000
to college. And then you can criminalize me.”

242
00:04:01,000 --> 00:04:02,000
I mean, here is somebody putting their children through college. That's what we want, you know,

243
00:04:02,000 --> 00:04:03,000
from our immigrant communities, is to make a better life for their children.

244
00:04:03,000 --> 00:04:04,000
KB

245
00:04:04,000 --> 00:04:05,000
This period of open decriminalization in Rhode Island gave many people an opportunity to build

246
00:04:05,000 --> 00:04:06,000
a better life for themselves, and their children. Bella, who you heard from earlier, has this story

247
00:04:06,000 --> 00:04:07,000
to share about coming to Rhode Island to work openly under decrim.

248
00:04:07,000 --> 00:04:08,000
BR

249
00:04:08,000 --> 00:04:09,000
In Jersey, before I moved to Rhode Island, when the SWAT team kicked in my door because me

250
00:04:09,000 --> 00:04:10,000
and my friend, who were both in her 40s, had a Craigslist ad, they kicked in our door like we

251
00:04:10,000 --> 00:04:11,000
were terrorists, with the ram, without a word, with guns. And I was jailed for 90 days. And they

252
00:04:11,000 --> 00:04:12,000
me pay $3,720 fine and I told the judge, “I have a 17-year-old daughter, I didn't have a job. I

253
00:04:12,000 --> 00:04:13,000
could give you $25, I can't pay this.” You’re going to pay $310 a month for 12 months or we’re

254
00:04:13,000 --> 00:04:14,000
going to issue a warrant.

255
00:04:14,000 --> 00:04:15,000
So when I get out of jail and my first client tells me, you know, it's legal in Rhode Island. He

256
00:04:15,000 --> 00:04:16,000
leaves and I google it, you know, guys will say anything to impress you. Honey, I packed up the

257
00:04:16,000 --> 00:04:17,000
house.

258
00:04:17,000 --> 00:04:18,000
I moved here in March of 2009. It was freedom. It was total freedom. No one even tried to

259
00:04:18,000 --> 00:04:19,000
threaten, you know, I don't remember there being a lot of violence or things like that.

260
00:04:19,000 --> 00:04:20,000
KB

261
00:04:20,000 --> 00:04:21,000
So during this time, raids continuing and the pressure to close down these spas and

262
00:04:21,000 --> 00:04:22,000
re-criminalize sex work is ramping up. And part of that is the increased visibility of sex work. As

263
00:04:22,000 --> 00:04:23,000
Michael said, the police are coming at this from all angles, and other people start to get involved

264
00:04:23,000 --> 00:04:24,000
too.

265
00:04:24,000 --> 00:04:25,000
MK

266
00:04:25,000 --> 00:04:26,000
I'm going to give you my take on this. And I could be wrong, but my sense was that Mayor

267
00:04:26,000 --> 00:04:27,000
Cicilline wanted to have the spas in Rhode Island closed down as he was moving towards

268
00:04:27,000 --> 00:04:28,000
higher political aspirations on a statewide basis.

269
00:04:28,000 --> 00:04:29,000
And it was very, very well known outside of Rhode Island. I mean, much of the traffic, much of

270
00:04:29,000 --> 00:04:30,000
the business came from outside of Rhode Island. A lot of it came from Massachusetts. It was

271
00:04:30,000 --> 00:04:31,000
getting noteworthy that Rhode Island was a location where you could come to meet with a

272
00:04:31,000 --> 00:04:32,000
woman who was interested in providing sexual services and, you know, in exchange for

273
00:04:32,000 --> 00:04:33,000
remuneration and financial remuneration.

274
00:04:33,000 --> 00:04:34,000
Several of the mayors were talking about how there’s nothing illegal about what's going on. We

275
00:04:34,000 --> 00:04:35,000
can't shut these businesses down.

276
00:04:35,000 --> 00:04:36,000
There was a lot of frustration. The newspaper picked up on it. I ended up on that, I think my

277
00:04:36,000 --> 00:04:37,000
picture was on the front page. Kind of had to tell my mom at that point what was going on.

278
00:04:37,000 --> 00:04:38,000
KB

279
00:04:38,000 --> 00:04:39,000
So politicians are panicking and there’s a broad coalition of folks that really start fanning the

280
00:04:39,000 --> 00:04:40,000
flames and pushing this issue. And people like Donna Hughes who is a rabid anti-sex,

281
00:04:40,000 --> 00:04:41,000
anti-pornography, pretty transphobic and also racist researcher becomes very publically

282
00:04:41,000 --> 00:04:42,000
involved.

283
00:04:42,000 --> 00:04:43,000
AG

284
00:04:43,000 --> 00:04:44,000
There was one particular vert active, neo-abolitionist feminist in Rhode Island named Donna

285
00:04:44,000 --> 00:04:45,000
Hughes. And she was teaching students and she had students and former students that were,

286
00:04:45,000 --> 00:04:46,000
that were, you know, in this coalition, she was hooked into the larger anti-trafficking world. And,

287
00:04:46,000 --> 00:04:47,000
you know, she was saying, “Oh my gosh, right, I cannot believe that this form of a modern day

288
00:04:47,000 --> 00:04:48,000
slavery, that is all sex work is allowed in my state.”

289
00:04:48,000 --> 00:04:49,000
And this coincided with, of course, the longstanding religious groups who were against all forms

290
00:04:49,000 --> 00:04:50,000
of sex and sex work and sex not inside of marriage. And then there was a third group. And the

291
00:04:50,000 --> 00:04:51,000
third group was concerned Providence citizens who saw a growing red light district of mostly

292
00:04:51,000 --> 00:04:52,000
Asian sex work establishments and were very not-in-my-backyard about it.

293
00:04:52,000 --> 00:04:53,000
So that was the coalition on one side. The other side had a coalition and that included the ACLU

294
00:04:53,000 --> 00:04:54,000
and even the mainstream National Organization of Women and civil rights groups. So it was a

295
00:04:54,000 --> 00:04:55,000
very left, progressive coalition, against this sort of right wing but also feminist, anti-trafficking

296
00:04:55,000 --> 00:04:56,000
coalition.

297
00:04:56,000 --> 00:04:57,000
And there's this one amazing story of one of her students. They're basically staking out these

298
00:04:57,000 --> 00:04:58,000
establishments, and watching who goes in, and they're going to publicize the men who go in

299
00:04:58,000 --> 00:04:59,000
and, you know, rescue the women. And one of the cohorts of the neo-abolitionist group, one of

300
00:04:59,000 --> 00:05:00,000
the women who was kind of going around and surveilling the establishments told the reporter

301
00:05:00,000 --> 00:05:01,000
like, “Look, there's the Mama-san and she's the one who runs all the girls and da da da da da.”

302
00:05:01,000 --> 00:05:02,000
So there's this language coming out of a supposedly feminist movement that is just, I mean, the

303
00:05:02,000 --> 00:05:03,000
intersection of racism and sexism. Right?

304
00:05:03,000 --> 00:05:04,000
KB

305
00:05:04,000 --> 00:05:05,000
So as soon as this issue starts getting publicity in 2003, there is immediate pressure to change

306
00:05:05,000 --> 00:05:06,000
the law. Let's go back to Steven, who was there for this fight.

307
00:05:06,000 --> 00:05:07,000
SB

308
00:05:07,000 --> 00:05:08,000
It did take five years for the General Assembly to ultimately pass a law. I mean, there was a lot

309
00:05:08,000 --> 00:05:09,000
of pushback from organizations, not just the ACLU, but others who, you know, thought that the

310
00:05:09,000 --> 00:05:10,000
law was perfectly appropriate as it existed at the time and pointed out all the deleterious effects

311
00:05:10,000 --> 00:05:11,000
that would arise from re-criminalizing this.

312
00:05:11,000 --> 00:05:12,000
One of the other troubling results of this crackdown on prostitution in 2009 was the legislature

313
00:05:12,000 --> 00:05:13,000
also passed a handful of other laws that were specifically aimed at sex workers. They passed a

314
00:05:13,000 --> 00:05:14,000
law requiring anybody convicted of prostitution offenses to undergo mandatory HIV testing. They

315
00:05:14,000 --> 00:05:15,000
passed a special law just for people convicted of these sex offenses to pay an extra fine if they

316
00:05:15,000 --> 00:05:16,000
were convicted. Nobody else. It was specifically aimed at prostitution offenses. So, there were a

317
00:05:16,000 --> 00:05:17,000
few other really just terrible laws, you know, with no real reason for them other than to punish

318
00:05:17,000 --> 00:05:18,000
sex workers more than criminalizing it in the first place.

319
00:05:18,000 --> 00:05:19,000
[break]

320
00:05:19,000 --> 00:05:20,000
MS

321
00:05:20,000 --> 00:05:21,000
Scott Cunningham, who is a professor at Baylor University, who I didn't know back in the day,

322
00:05:21,000 --> 00:05:22,000
emailed me out of the blue and was like, “Have you heard about this really neat thing that

323
00:05:22,000 --> 00:05:23,000
happened in Rhode Island?”

324
00:05:23,000 --> 00:05:24,000
Now, mind you, I didn't know Scott at the time and I didn't know what had happened in Rhode

325
00:05:24,000 --> 00:05:25,000
Island.And so I did a little research on my own and came to learn about this huge thing that had

326
00:05:25,000 --> 00:05:26,000
happened,and that was really the beginning of a long-term collaboration with Scott and myself

327
00:05:26,000 --> 00:05:27,000
that lasted about six years before we published this paper.

328
00:05:27,000 --> 00:05:28,000
My name is Manisha Shah and I am a professor of public policy at the UCLA Luskin School of

329
00:05:28,000 --> 00:05:29,000
Public Affairs. I am an economist by training, and I have been researching sex markets and

330
00:05:29,000 --> 00:05:30,000
thinking about the optimal regulation of sex markets probably for about the past 20 years of my

331
00:05:30,000 --> 00:05:31,000
career.

332
00:05:31,000 --> 00:05:32,000
What's super exciting about what happened in Rhode Island is, you know, at least from a

333
00:05:32,000 --> 00:05:33,000
research perspective, we have this natural experiment where we have this unexpected

334
00:05:33,000 --> 00:05:34,000
decriminalization that basically happens overnight.

335
00:05:34,000 --> 00:05:35,000
So the significance of something like this is huge for a researcher like myself. And the reason

336
00:05:35,000 --> 00:05:36,000
for this is because in the social sciences, and especially in economics, we're sort of obsessed

337
00:05:36,000 --> 00:05:37,000
with this idea of causality, right? And this is because we want to be able to show that X causes

338
00:05:37,000 --> 00:05:38,000
Y, which is a much stronger statement than like X is simply correlated with Y.

339
00:05:38,000 --> 00:05:39,000
We can think about Rhode Island as our treatment state. That's where the decriminalization

340
00:05:39,000 --> 00:05:40,000
happens. And we can think about the rest of the US where, you know, policy around sex work

341
00:05:40,000 --> 00:05:41,000
doesn't change at all, as our control states.

342
00:05:41,000 --> 00:05:42,000
We could also think if we wanted to get smaller, we could also just look at New England as our

343
00:05:42,000 --> 00:05:43,000
control states. But the idea here is that we have this really nice natural experiment that will allow

344
00:05:43,000 --> 00:05:44,000
us to do some causal analysis on the impacts of decriminalizing sex work on outcomes that we

345
00:05:44,000 --> 00:05:45,000
care about.

346
00:05:45,000 --> 00:05:46,000
You know, there's a lot of talk about, kind of, associations between sex market and STI

347
00:05:46,000 --> 00:05:47,000
transmission, right? Disease transmission is always a big sort of potential negative externality

348
00:05:47,000 --> 00:05:48,000
that people talk about. And then the second thing that you often hear about in the news and

349
00:05:48,000 --> 00:05:49,000
media is violence against women, right? That there's just a lot of violence associated with sex

350
00:05:49,000 --> 00:05:50,000
markets. And in fact, STI transmission as well as violence against women are two of the

351
00:05:50,000 --> 00:05:51,000
reasons that we often push this idea that, you know, we shouldn't have legal sex market.

352
00:05:51,000 --> 00:05:52,000
Let me also step back for a minute and say two things. From a theoretical perspective, right, if

353
00:05:52,000 --> 00:05:53,000
we were just looking at theory, the relationship between decriminalization and STI transmission

354
00:05:53,000 --> 00:05:54,000
is actually an ambiguous relationship, right? So theory doesn't help us with a prediction. And the

355
00:05:54,000 --> 00:05:55,000
reason that it's an ambiguous relationship is because on the one hand you could have

356
00:05:55,000 --> 00:05:56,000
epidemiological models which suggest that, like, the bigger the sex market, the more sex people

357
00:05:56,000 --> 00:05:57,000
are having. And if STI transmission is a function of sex, well then you would expect increasing

358
00:05:57,000 --> 00:05:58,000
STIs. So that's kind of one side of the theory. The second side of the theory, though, is, you

359
00:05:58,000 --> 00:05:59,000
know, and what this first piece of the theory ignores is that there could be a behavioral

360
00:05:59,000 --> 00:06:00,000
response.

361
00:06:00,000 --> 00:06:01,000
And so what do I mean by a behavioral response? What I mean is once you decriminalize sex,

362
00:06:01,000 --> 00:06:02,000
workers could feel more empowered to reject clients who are risky, to reject clients who say,

363
00:06:02,000 --> 00:06:03,000
“No, I'm not going to wear a condom.” Right. And they could actually engage in much safer sex

364
00:06:03,000 --> 00:06:04,000
and much safer behavior. And of course, as we all know, less risky behavior could then result in

365
00:06:04,000 --> 00:06:05,000
lower disease transmission.

366
00:06:05,000 --> 00:06:06,000
And so we investigate this empirically. We got CDC data on gonorrhea, you know, from all over

367
00:06:06,000 --> 00:06:07,000
the US for a long period of time. And basically what we show is that in Rhode Island, during the

368
00:06:07,000 --> 00:06:08,000
six year period of decriminalization, gonorrhea decreases by about 40% for women in the state

369
00:06:08,000 --> 00:06:09,000
of Rhode Island.

370
00:06:09,000 --> 00:06:10,000
KB

371
00:06:10,000 --> 00:06:11,000
Wow. Those are incredible numbers. I hear, I remember vaguely from my AP statistics class

372
00:06:11,000 --> 00:06:12,000
approximately 1000 years ago that we talk about statistically significant changes. So can you

373
00:06:12,000 --> 00:06:13,000
give us some perspective on, like, what does a 40% decrease mean? Like when you're looking,

374
00:06:13,000 --> 00:06:14,000
like, what would the World Health Organization consider to be like a dramatic decrease?

375
00:06:14,000 --> 00:06:15,000
MS

376
00:06:15,000 --> 00:06:16,000
Yeah, you know, a 40% decrease is a very dramatic decrease. I mean, it's big on, you know, it's

377
00:06:16,000 --> 00:06:17,000
a substantial decrease and a big result. And I think one of the reasons that this study got so

378
00:06:17,000 --> 00:06:18,000
much press and so much interest was precisely because we had this nice natural experiment.

379
00:06:18,000 --> 00:06:19,000
These are causal results. This is CDC data. And, you know, kind of really dramatic findings.

380
00:06:19,000 --> 00:06:20,000
The second area of interest was what happens to violence against women, right? We were very

381
00:06:20,000 --> 00:06:21,000
interested in looking at this question. We were able to use uniform crime reports data. So this is,

382
00:06:21,000 --> 00:06:22,000
again, you know, a big national database. And we looked at reported rape offenses over time.

383
00:06:22,000 --> 00:06:23,000
And again, what we're finding in in Rhode Island is during this period of decriminalization,

384
00:06:23,000 --> 00:06:24,000
reported rape offenses, so women reporting rape, decreases by about 30% in the state of

385
00:06:24,000 --> 00:06:25,000
Rhode Island during this period.

386
00:06:25,000 --> 00:06:26,000
And so, again, this is, you know, this is a statistically significant result of pretty large magnitude.

387
00:06:26,000 --> 00:06:27,000
And I want to say, and sort of another interesting thing that was happening, was there was a

388
00:06:27,000 --> 00:06:28,000
companion study happening in the Netherlands during this period, and they were looking at the

389
00:06:28,000 --> 00:06:29,000
impacts of legal tippelzones that were kind of policy across the Netherlands. And they found

390
00:06:29,000 --> 00:06:30,000
very similar magnitudes in reductions in violence against women also by around 30%. And so it

391
00:06:30,000 --> 00:06:31,000
was kind of, it was a nice companion piece to our paper at the time.

392
00:06:31,000 --> 00:06:32,000
And this, you know, again, I want to say this is not a new finding for us in that there's work

393
00:06:32,000 --> 00:06:33,000
actually that's come out of New York City that has shown that when, you know, establishments

394
00:06:33,000 --> 00:06:34,000
selling sex opened up in different neighborhoods in New York City, again, we saw a decrease in

395
00:06:34,000 --> 00:06:35,000
reported violence against women in in these places.

396
00:06:35,000 --> 00:06:36,000
KB

397
00:06:36,000 --> 00:06:37,000
Great. I also have heard theories about how the decriminalization of sex work increases the

398
00:06:37,000 --> 00:06:38,000
negotiating power of people participating in this work. And so it's, you know, thought that like I

399
00:06:38,000 --> 00:06:39,000
know that many people turn to sex work as a way of escaping acute domestic violence

400
00:06:39,000 --> 00:06:40,000
situations.

401
00:06:40,000 --> 00:06:41,000
And so did you see anything where, you know, I understand that like sex work or the availability

402
00:06:41,000 --> 00:06:42,000
of sex work creates kind of a release valve, right, on the pressure of male violence. But is there

403
00:06:42,000 --> 00:06:43,000
also a counterforce of it creating more pathways or more opportunities for women to get out of

404
00:06:43,000 --> 00:06:44,000
violent situations or avoid violent situations like, for example, at the hands of police?

405
00:06:44,000 --> 00:06:45,000
MS

406
00:06:45,000 --> 00:06:46,000
Absolutely, I mean one thing that I’ve wanted to mention, I've sort of focused on the quantitative

407
00:06:46,000 --> 00:06:47,000
data work of this study, but we did a lot of qualitative work as well, interviewing police and, you

408
00:06:47,000 --> 00:06:48,000
know, legal, people in law, etc.. And I think one of the really interesting things that came up is

409
00:06:48,000 --> 00:06:49,000
during this period of decriminalization, there was a lot more collaboration between law

410
00:06:49,000 --> 00:06:50,000
enforcement and sex workers than we probably normally see.

411
00:06:50,000 --> 00:06:51,000
And I think part of that is just precisely that, right, is once sex workers are no longer engaging in

412
00:06:51,000 --> 00:06:52,000
something that is considered a crime, they are much more empowered to take care of each

413
00:06:52,000 --> 00:06:53,000
other, to help each other, to report strange things to law enforcement and, you know, they're

414
00:06:53,000 --> 00:06:54,000
much more empowered in their interactions with clients.

415
00:06:54,000 --> 00:06:55,000
Clients know that they can no longer be as abusive as they might normally be, precisely

416
00:06:55,000 --> 00:06:56,000
because now sex workers have legal recourse. Right? They can get out of the relationship.

417
00:06:56,000 --> 00:06:57,000
They can report this guy. They can, you know, if they hear a woman in the next room screaming

418
00:06:57,000 --> 00:06:58,000
and they think something is wrong with her, they can call the police and they can get help.

419
00:06:58,000 --> 00:06:59,000
And so that's a big piece of this decriminalization story that I think that gets left out of a lot of the

420
00:06:59,000 --> 00:07:00,000
discourse is just how empowering this is for women who sell sex on every margin. Right.

421
00:07:00,000 --> 00:07:01,000
Whether it's getting out of a relationship, whether it's helping your friend, any margin. Once

422
00:07:01,000 --> 00:07:02,000
you're no longer engaging in an illegal activity, you have recourse, right?

423
00:07:02,000 --> 00:07:03,000
KB

424
00:07:03,000 --> 00:07:04,000
Awesome. So yeah, then moving on, as somebody who has studied sex markets and the

425
00:07:04,000 --> 00:07:05,000
various schemes and policies that we have tried at, you know, governing or controlling the

426
00:07:05,000 --> 00:07:06,000
oldest profession, what is it that you as a researcher wish policymakers understood about sex

427
00:07:06,000 --> 00:07:07,000
markets and how to regulate them or not?

428
00:07:07,000 --> 00:07:08,000
MS

429
00:07:08,000 --> 00:07:09,000
Oh, wow. Okay. So there's a lot of things I wish policymakers understood when thinking about

430
00:07:09,000 --> 00:07:10,000
regulating the market. But unfortunately, I think one of the problems that policymakers as well as

431
00:07:10,000 --> 00:07:11,000
DA's in this country face is there are a lot of people in the U.S. who find sex work morally

432
00:07:11,000 --> 00:07:12,000
repugnant. And so what ends up happening then is in our public policy discourse, we sort of

433
00:07:12,000 --> 00:07:13,000
conflate a lot of the moral issues with the evidence base.

434
00:07:13,000 --> 00:07:14,000
And so maybe, you know, my dream, number one would be getting more of the evidence base

435
00:07:14,000 --> 00:07:15,000
out there to people. I actually do research all over the globe in many different contexts. I've done

436
00:07:15,000 --> 00:07:16,000
some work on legal and regulated, and I guess so, you know, one thing to policymakers would

437
00:07:16,000 --> 00:07:17,000
be to start looking at the research. There are lots of great studies coming out from all over the

438
00:07:17,000 --> 00:07:18,000
globe, whether, you know, our work in the U.S, but there's also a lot of work now on the end

439
00:07:18,000 --> 00:07:19,000
demand model or the Nordic model.

440
00:07:19,000 --> 00:07:20,000
So the things that we know now that, you know, there are studies coming out of Sweden and the

441
00:07:20,000 --> 00:07:21,000
UK and places that have implemented the Nordic model. So there's a new newish study that

442
00:07:21,000 --> 00:07:22,000
came out of the U.K. and they basically looked at the impacts of the end demand model, and

443
00:07:22,000 --> 00:07:23,000
they were actually finding it's not that demand decreases, which is sort of the idea behind the

444
00:07:23,000 --> 00:07:24,000
end demand model, right, is like, let's get these guys to stop buying sex. What happens is that

445
00:07:24,000 --> 00:07:25,000
the type of guy who buys sex really changes and that type of guy becomes a riskier guy.

446
00:07:25,000 --> 00:07:26,000
KB

447
00:07:26,000 --> 00:07:27,000
I want to jump in and clarify what Dr. Shah is talking about. Because after speaking to so many

448
00:07:27,000 --> 00:07:28,000
sex workers from these regions, what we understand is that this law does not prevent or

449
00:07:28,000 --> 00:07:29,000
dissuade people from buying sex, but it does change the behavior of the people who are buying

450
00:07:29,000 --> 00:07:30,000
sex for the worse, the much worse.

451
00:07:30,000 --> 00:07:31,000
MS

452
00:07:31,000 --> 00:07:32,000
So going back to public policy, this is not what we want. We do not want, you know, clients to

453
00:07:32,000 --> 00:07:33,000
become more risky. Because that is just going to, again, have very negative implications for sex

454
00:07:33,000 --> 00:07:34,000
workers. And honestly, for all of us in society.

455
00:07:34,000 --> 00:07:35,000
I think the other thing, you know, there's another interesting study coming out of Sweden that's

456
00:07:35,000 --> 00:07:36,000
showing, again, going back to this, does it end demand? No, it doesn't end demand, it displaces

457
00:07:36,000 --> 00:07:37,000
demand. And so what they find is that Swedish men now are flying to places like Thailand to

458
00:07:37,000 --> 00:07:38,000
buy sex, because it's become much harder for them to do it in their own country. They find that

459
00:07:38,000 --> 00:07:39,000
reported rape offenses of Swedish women increased after the end demand model was

460
00:07:39,000 --> 00:07:40,000
implemented.

461
00:07:40,000 --> 00:07:41,000
So yes, my read of all of these places where studies have been coming out, where the end

462
00:07:41,000 --> 00:07:42,000
demand model has been implemented, is that, yes, violence against women has increased in

463
00:07:42,000 --> 00:07:43,000
these places.

464
00:07:43,000 --> 00:07:44,000
And so, again, from a public policy perspective, I think thinking about public policies which sort

465
00:07:44,000 --> 00:07:45,000
of decrease harms that sex workers face on the job, while also, of course, maximizing the

466
00:07:45,000 --> 00:07:46,000
welfare of all of us individuals in society is probably the way to go when we're more thinking

467
00:07:46,000 --> 00:07:47,000
about public policy.

468
00:07:47,000 --> 00:07:48,000
[break]

469
00:07:48,000 --> 00:07:49,000
KB

470
00:07:49,000 --> 00:07:50,000
One good thing that did come out of the re-criminalization of sex work in Rhode Island is some

471
00:07:50,000 --> 00:07:51,000
incredible activism.

472
00:07:51,000 --> 00:07:52,000
BR

473
00:07:52,000 --> 00:07:53,000
They criminalized it November 2009 and I founded COYOTE Rhode Island, Call of Your Old

474
00:07:53,000 --> 00:07:54,000
Tired Ethics, in 2009 in response to them re-criminalizing prostitution.

475
00:07:54,000 --> 00:07:55,000
I didn't think they were going to do it. I really didn’t get into activism, until you know, it pissed me

476
00:07:55,000 --> 00:07:56,000
off. If I hadn't been pissed off, I might not have become an activist, might not have been

477
00:07:56,000 --> 00:07:57,000
watching the news, seeing all the girls die. I'm still pissed off, but I’m more effective now.

478
00:07:57,000 --> 00:07:58,000
KB

479
00:07:58,000 --> 00:07:59,000
I asked Bella to share some stories of what happened after criminalization

480
00:07:59,000 --> 00:08:00,000
BR

481
00:08:00,000 --> 00:08:01,000
So we found three 18-year-old girls they charged with felony sex trafficking of a minor. They're

482
00:08:01,000 --> 00:08:02,000
housing 15 year olds and 20 year olds in the same group homes. Right. And they had a

483
00:08:02,000 --> 00:08:03,000
28-year-old man that was a supervisor to the teenage girl group, where they worked, you know,

484
00:08:03,000 --> 00:08:04,000
8 hour shifts, let that sink in first.

485
00:08:04,000 --> 00:08:05,000
And they used the 18-year-old boy that aged out to drive the state van to pimp them out. But the

486
00:08:05,000 --> 00:08:06,000
three girls were charged with federal trafficking. So they're going to be registered sex offenders,

487
00:08:06,000 --> 00:08:07,000
right? And I'm pretty sure that's not with the law intended.

488
00:08:07,000 --> 00:08:08,000
There is a lot more, you know, last year with the girl at the hotel, she kinda knew the bouncer.

489
00:08:08,000 --> 00:08:09,000
He does the day he pays her, then he robs her, or he takes everything, even her coat and her

490
00:08:09,000 --> 00:08:10,000
phone. He left her in her bra and panties. You know what would've happened if she'd called the

491
00:08:10,000 --> 00:08:11,000
front desk, right? So, you know, I went down and I took another the rape victim. Did not want to

492
00:08:11,000 --> 00:08:12,000
involve the police. Didn’t have a car, she knew if she called an ambulance, they were going to

493
00:08:12,000 --> 00:08:13,000
call the police.

494
00:08:13,000 --> 00:08:14,000
And we know that the more desperate and poor you are, the easier it is to exploit you. If you're

495
00:08:14,000 --> 00:08:15,000
cold and hungry, I can get you to try a trick for a blanket and a burger. Right this way. The same

496
00:08:15,000 --> 00:08:16,000
reason women sew Nikes tennis shoes for $0.26 an hour because they're poor, right?

497
00:08:16,000 --> 00:08:17,000
And you know, our homeless population has increased 35% since last year. Rents have more

498
00:08:17,000 --> 00:08:18,000
than doubled. This year it was cold. 54 people died of exposure in our state last year. And it’s

499
00:08:18,000 --> 00:08:19,000
just sad.

500
00:08:19,000 --> 00:08:20,000
KB

501
00:08:20,000 --> 00:08:21,000
And Bella has made it her life's work to help the next generation.

502
00:08:21,000 --> 00:08:22,000
BR

503
00:08:22,000 --> 00:08:23,000
We do outreach different, where we just open up the car and anyone that comes up, we get

504
00:08:23,000 --> 00:08:24,000
supplies to. We don't care who you are. If you're poor, if you're rich. But we don't chase anyone.

505
00:08:24,000 --> 00:08:25,000
And they can usually tell who’s the street workers, but I don't say anything different, they don’t

506
00:08:25,000 --> 00:08:26,000
treat ‘em any different, they shouldn’t have to out themselves.

507
00:08:26,000 --> 00:08:27,000
One thing I did want to tell you is we started a support group, a little more than a year ago,

508
00:08:27,000 --> 00:08:28,000
same people come every week. We take turns facilitating, someone gets a $50 Amazon card.

509
00:08:28,000 --> 00:08:29,000
These group of people, it's just really awesome, the ties. We're doing a trans conference this

510
00:08:29,000 --> 00:08:30,000
year in May in Rhode Island. We wanted to create this check-in culture that if someone's

511
00:08:30,000 --> 00:08:31,000
missing that you know, and so we do this day we have actually a check-in culture, check-in

512
00:08:31,000 --> 00:08:32,000
culture coordinator.And even if you don't feel like talking, you still have to respond with

513
00:08:32,000 --> 00:08:33,000
something because it's important that we know when someone's missing, when somebody’s

514
00:08:33,000 --> 00:08:34,000
isolated, when somebody’s in trouble.

515
00:08:34,000 --> 00:08:35,000
KB

516
00:08:35,000 --> 00:08:36,000
Along with her on the ground work. Bella has also participated in committees, educated

517
00:08:36,000 --> 00:08:37,000
legislators, conducted community-led research that has been instrumental in setting the stage

518
00:08:37,000 --> 00:08:38,000
for changing hearts, minds, and laws on this issue. Let's get back to Steven.

519
00:08:38,000 --> 00:08:39,000
SB

520
00:08:39,000 --> 00:08:40,000
One of the good things that happened is three years ago, the General Assembly established a

521
00:08:40,000 --> 00:08:41,000
legislative commission to take a look at the prostitution laws, to reexamine them. And the

522
00:08:41,000 --> 00:08:42,000
commission came out with a very good report, mentioning all, you know, some of the research

523
00:08:42,000 --> 00:08:43,000
we've talked about about the positive effects of decriminalization, made a number of

524
00:08:43,000 --> 00:08:44,000
recommendations. And this year, the legislature passed three laws, in response that were

525
00:08:44,000 --> 00:08:45,000
helpful. I mean, they're small steps, but they repealed the law that had this extra fine if you're

526
00:08:45,000 --> 00:08:46,000
convicted of a prostitution offense. They repealed the law that required mandatory HIV testing if

527
00:08:46,000 --> 00:08:47,000
you were convicted of prostitution offense. And they also passed a law. It's fairly narrow, but it

528
00:08:47,000 --> 00:08:48,000
provides immunity to sex workers if they report certain crimes to the police, they cannot be

529
00:08:48,000 --> 00:08:49,000
charged with the prostitution offense if they're doing that.

530
00:08:49,000 --> 00:08:50,000
So those all occurred this year, when one year, I think it was, you know, it was a very good step,

531
00:08:50,000 --> 00:08:51,000
but you know, there is still a lot to be done.

532
00:08:51,000 --> 00:08:52,000
KB

533
00:08:52,000 --> 00:08:53,000
Any researcher that has looked at this issue with integrity knows that decriminalizing sex work is

534
00:08:53,000 --> 00:08:54,000
the only policy that reduces violence and size, and leads to the human rights and dignity of

535
00:08:54,000 --> 00:08:55,000
people working in the sex industry. But as any advocate will tell you, being right is not enough.

536
00:08:55,000 --> 00:08:56,000
You also have to be brave. I'm going to leave you with these words of wisdom from our

537
00:08:56,000 --> 00:08:57,000
accidental hero of this story, Michael.

538
00:08:57,000 --> 00:08:58,000
MK

539
00:08:58,000 --> 00:08:59,000
I think in all aspects of life we know we inherently know what needs to be done in the situation,

540
00:08:59,000 --> 00:09:00,000
what the situation requires, what our responsibility, what our job is under those circumstances,

541
00:09:00,000 --> 00:09:01,000
to have the actual courage to go forward and do what you know needs to be done, like this

542
00:09:01,000 --> 00:09:02,000
particular judge did. To me, that's more than a courageous act. It's commendable, and I think it's

543
00:09:02,000 --> 00:09:03,000
a rare thing.

544
00:09:03,000 --> 00:09:04,000
[closing]