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So. Nevada anti-prostitution law challenged
October 17, 2005
The constitutionality of an ordinance targeting Las
Vegas-area prostitutes will be debated Wednesday during a Nevada
Supreme Court hearing.
A justice of the peace declared the Clark County ordinance
unconstitutional last year, but a district judge disagreed. Lani
L. Silvar, who was charged with "loitering for the purpose
of prostitution," then appealed to the high court.
The ordinance makes it a misdemeanor to induce, solicit,
entice or procure another person to commit an act of
prostitution. Police could arrest someone who "repeatedly
beckons to, stops, attempts to stop or engage persons passing by
in conversation, or repeatedly stops or attempts to stop motor
vehicle operators by hailing, waiving of arms or other bodily
gestures."
Susan D. Burke, a deputy public defender representing Silvar,
argues that the ordinance is too vague and arbitrary. In a brief
submitted to the court, she said the ordinance infringes on a
constitutional "right to move about, or even to wander
aimlessly."
Burke also said the ordinance encourages "arbitrary and
discriminatory enforcement" by police.
James Tufteland, chief deputy district attorney for Clark
County, counters that an "ordinary person" understands
what's prohibited, and there's no ambiguity in words such as
"inducing, enticing, soliciting, procuring and
prostitution."
Burke said a woman tourist "who happens to have the bad
taste to dress in flashy, cheap and somewhat revealing
clothing" might mistakenly wave to an undercover officer
thinking she sees a friend, and be arrested.
Tufteland said in that case the tourist shouldn't be arrested
and wouldn't be convicted because she'd have a chance to tell
her story to the undercover agent and to the court.
Silvar was arrested in 2003 by Las Vegas Metro Detective J.
Signorello, who said Silvar got into his unmarked car and asked,
"Hey honey, you dating?" Police say that's a street
phrase for soliciting prostitution.
The detective said he wasn't "dating," and then
identified himself as an officer and arrested Silvar. He also
said she admitted that she had been offering him sex for money,
and a police check turned up an outstanding warrant based on
another prostitution charge.
AP-WS-10-17-05 1420EDT ۩
Original link: http://news.rgj.com/apps/pbcs.dll/article?AID=/20051017/NEWS07/510170347&template=printart
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