Call Your Representative - The Bills Currently Affecting Sex Workers

Sex work, a profession as old as human society itself, continues to be shrouded in stigma and misunderstanding. Despite the significant progress made by civil rights movements, sex workers in the United States still face severe legal and social barriers. Recent legislation at both state and federal levels has further exacerbated these issues, making it imperative for everyone to advocate for the rights and safety of sex workers both here at home and abroad.

Aging is beautiful!

The legislative landscape

Over the past few years, several bills have been introduced and enacted that have had detrimental effects on sex workers. These laws often claim to target human trafficking and illegal activities, but in reality, they frequently end up harming those they purport to protect. Here are some of the most controversial and harmful pieces of said legislation:

1. FOSTA-SESTA (Fight Online Sex Trafficking Act and Stop Enabling Sex Traffickers Act)

• Overview: Enacted in 2018, FOSTA-SESTA aimed to reduce sex trafficking by holding websites liable for content related to sex work.Impact: This law has led to the shutdown of many online platforms that sex workers used to safely advertise their services and to screen clients. As a result, many have been forced into more dangerous, often street-based work, leading to increased vulnerability to violence and exploitation. The opposite of its stated intent.

1. California's SB 357 (Safer Streets for All Act)
• Overview: This bill, introduced in 2021, aimed to decriminalize loitering for the purpose of prostitution.Impact: While SB 357 was intended to reduce police profiling and harassment, the bill faced significant opposition and was slow to pass. Its delay and partial implementation left many sex workers in legal limbo, continuing to face arrest and discrimination without recourse.
2. • New York’s Walking While Trans Ban Repeal
   • Overview: The repeal of this law in 2021 was a significant victory, as it previously allowed police to arrest individuals, predominantly trans women of color, on suspicion of loitering for prostitution.
   •  Impact: The repeal has reduced some of the discriminatory policing practices, but many advocates argue that broader decriminalization efforts are needed to ensure comprehensive protections for sex workers.

The human cost

The consequences of these legislative measures are not abstract; they have real, devastating impacts on the lives of sex workers. The criminalization and stigmatization of sex work drive the industry further underground, making it more dangerous. Sex workers often face violence, extortion, and limited access to justice. They are also at increased risk of health issues due to barriers in accessing healthcare services without fear of arrest or discrimination.

Moreover, marginalized communities are disproportionately affected by these legislative efforts. Transgender individuals, people of color, and undocumented immigrants in the sex work industry experience higher levels of violence and fewer legal protections. The intersection of racism, sexism, and transphobia only compounds the hardships faced by these individuals.

What can be done?

The path to ensuring the rights and safety of sex workers involves comprehensive legal reform and societal change. Here are some steps that can be taken:

1. The decriminalization of sex work: Full decriminalization would allow sex workers to work without fear of arrest and would enable them to report crimes committed against them without the fear of legal repercussions. Countries like Aotearoa (New Zealand) have seen positive outcomes from decriminalizing sex work.
2. Support harm reduction: Providing resources such as safe working environments, health services, and legal assistance can significantly reduce the risks associated with sex work. Harm reduction acknowledges the reality of sex work and seeks to make it a safer industry overall.
3. Combat stigma: Public education campaigns can help change societal attitudes towards sex work. By reducing stigma and increasing societal acceptance, sex workers will gain better access to support services and experience decreased discrimination in areas such as housing etc. .
4. Engage with lawmakers: Contacting congresspeople (or your local representative outside the US) to express support for sex workers' rights is crucial. Advocating for bills that protect rather than punish sex workers, and opposing those that endanger us, are first steps toward meaningful change.

Take action

As constituents, we have the power to influence our representatives. Here’s how you can help:

• Educate yourself and others: Learn about the issues sex workers face and share this knowledge within your community.
• Contact your representatives: Write, call, or meet with your congresspeople to discuss the importance of protecting sex workers' rights.
• Support advocacy groups: Peer led organizations like SWOP Behind Bars and Decrim 305 work tirelessly to advocate for sex workers. Your support can directly amplify their efforts.

Sex workers deserve the same rights and protections as any other worker. It is time to address the harmful legislation that places them at risk and to advocate for a fully decriminalized framework that ensures their safety, dignity, and human rights. Call your congresspeople today and demand change.

Upcoming bills to watch

As legislative sessions progress, several upcoming bills across the United States aim to address sex work, with varying implications for sex workers' rights and safety. In New York, A8230 seeks to decriminalize sex work entirely, potentially setting a precedent for other states if passed. California is considering AB 208, which would establish a commission to study the impacts of criminalization on sex workers and recommend reforms. In Oregon, HB 3088 aims to decriminalize sex work and expunge past prostitution convictions, offering a path to legal recognition and reduced stigma. Conversely, states like Florida and Texas are introducing harsher penalties for solicitation and related offenses, which could further endanger sex workers by pushing the industry deeper underground. Advocates are closely monitoring these bills, urging lawmakers to prioritize the health, safety, and human rights of sex workers in their legislative decisions.

Delaware HB 265

Issue: Age Verification

Latest Action: Passed out of committee on January 23, 2024

• Age verification mandate. Relevant features: 
• public or private right of action ("An action under this section may be brought by the Attorney General or any person, parent, or guardian of any person whose age was not verified.")
• age verification mechanisms allowed:
  • a commercially available database that is regularly used by businesses or governmental entities for the purpose of age and identity verification
  • another commercially reasonable method of age and identity verification, verify that any person attempting to access such material harmful to minors is 18 years of age or older

More Info

Read the Bill: DE HB 265

See all bills from Delaware

California AB 3080

Issue: Age Verification

Latest Action: Passed the Assembly on May 16, 2024

Age verification mandate. Relevant features:

Amends The Parent’s Accountability and Child Protection Act, which requires sellers of products or services that are illegal to sell to minors to take reasonable steps to ensure that the purchaser is of legal age at the time of the purchase or delivery, including but not limited to verifying the age of the purchaser. Reasonable steps include

1. the provision of a government-issued identification, subject to all laws governing retention, use, and disclosure of personally identifiable information,
2. requiring the purchaser to use a non prepaid credit card for an online purchase, or
3. implementing a system that restricts individuals with accounts designated as minor accounts from purchasing the prohibited products.

Violators are liable for a civil penalty of up to $7500 in actions brought by public prosecutors.

More Info

Read the Bill: CA AB 3080

See all bills from California

Ohio SB 212

Issue: Age Verification

Latest Action: Referred to Senate Financial Institutions and Technology Committee on January 24, 2024

Age verification mandate. Relevant features:

• Enforcement: by the state attorney general
• Age verification mechanisms allowed:
  • Verification through an independent, third-party verification service that compares the personal information entered by the individual seeking access to the material to the information that is available from a commercially available database, or aggregate of databases, that is regularly used by businesses and government agencies for the purpose of age and identity verification
  • Any commercially reasonable method that relies on public or private transactional data to verify the age of the person attempting to access the material
  • A state-issued identification card

More Info

Read the Bill: OH SB 212

See all bills from Ohio

Arizona HB 2656

Issue: Age Verification

Latest Action: Introduced on January 29, 2024

Age verification mandate. Relevant features:

• Requires internet service providers to maintain blacklists of IP addresses associated with customers who’ve requested to block “material harmful to minors”
• Age verification mechanisms allowed:
  • Somehow, websites are supposed to compare the IP address of their visitors to the blacklist maintained by every ISP in Arizona
  • And/or “any other commercially reasonable method of age and identity verification”
• Enforcement: private lawsuits

More Info

Read the Bill: AZ HB 2656

See all bills from Arizona

New Jersey A4146

Issue: Age Verification

Latest Action: Introduced, Referred to Assembly Science, Innovation and Technology Committee on April 4, 2024

Age verification mandate. Relevant features:

• Enforcement:
  • Private lawsuits for damages and up to $2,500 per instance of violation
  • The state Division of Consumer Affairs is charged with investigating alleged violations and enforcing the provisions of the bill
    • Before initiating an enforcement action, the division must provide 30 days written notice identifying and explaining the basis for each alleged violation.
    • If the entity does not cure a violation, the division may initiate a civil action. The division is authorized to impose a civil penalty of up to $5,000 for each violation or to initiate a civil suit in Superior Court.
• Age verification mechanisms allowed:
  • digitized information card;
  • an independent, third-party age verification service that compares the personal information entered by the individual to the material that is available from a commercially available database or aggregate of databases, which databases are regularly used by government agencies and businesses for the purpose of age and identity verification; or
  • any other reasonable method that relies on public or private transactional data to verify the age of the individual.
• Also requires the Division of Consumer Affairs to:
  • establish standards and guidelines for reasonable methods of age verification that an entity can use
  • establish standards and guidelines concerning the types of content deemed "material harmful to minors" and what is suitable for minors of different age groups
• The threshold of content that must be “harmful to minors” is defined as:
  • for a social media platform, more than one-third of total user accounts contain any material harmful to minors, or more than one-third of the content on one or more user’s account on that platform contains material harmful to minors;
  • for a search engine, more than one third of the webpages displayed in response to any user query contain any material harmful to minors, or more than one-third of the thumbnail images displayed in response to any user query contain any material harmful to minors; or
  • for any website or webpage, including a search engine, more than one-third of the total content on the website or on any individual webpage contains any material harmful to minors, except that when a website contains a hypertext link to a third-party website, the material on such third party website shall not be considered toward the total percentage of material if that third-party website does not contain material harmful to minors and if such linking does not constitute an attempt to intentionally dilute the percentage calculation of material harmful to minors in order to evade the provisions of the law

More Info

Read the Bill: NJ A4146

See all bills from New Jersey

Pennsylvania HB 2143

Issue: Age Verification

Latest Action: Re-referred to Judiciary Committee on April 9, 2024

Age verification mandate. Relevant features:

• Enforcement: private lawsuits for treble (triple) damages arising from the violation or $10,000, whichever is greater.
• Age verification mechanisms allowed: Technology that employs a system or process to determine whether it is more likely than not that a user attempting to access content on a website is an adult; and prevents access by minors to any content that is harmful to minors.
• Applies to any “commercial entity that in the regular course of trade or business hosts or makes available material that is harmful to minors and is provided by the entity with the objective of earning a profit”.

More Info

Read the Bill: PA HB 2143

See all bills from Pennsylvania

Make sure to call your congressperson regularly and be persistent. The best approach is to speak with a staffer and leave your message with them. Every constituent's concerns are noted and passed on to the representative. Don't hesitate to call every day if needed — they rely on people not paying attention so they can push through their agenda. Visit your state's legislative website regularly to monitor bills that could potentially harm your community.

Sources: 

https://action.freespeechcoalition.com/age-verification-bills/