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Roberts, Dorothy E. Enhanced criminal activity soon follows, and the neighborhood deteriorates further.

Berck 2 in Montgomery The Fenster and Berck decisions appeared to be a win for civil liberties and a loss for the NYPD and the community groups and businesses that wanted prostitutes off the streets.

However, three years after Berck was decided, the New York state legislature passed section Now who was the winner? This article is about the making of Prostitutes Berck loitering law in New York that specifically targeted prostitutes inafter vagrancy and broadly written loitering laws were rejected by both the US Supreme Court and the New York State Prostitutes Berck of Appeals, the highest state court in Prostitutes Berck York.

Unlike catchall loitering laws, which apply to all persons engaged in suspicious behavior, targeted Prostitutes Berck laws are limited to purpose or place. After vagrancy and catchall loitering laws were struck down, many states passed loitering laws targeted at prostitution and drug use Struening ,Trosch The end of the vagrancy regime was a great victory for due process and civil liberties.

However, the legal community's absorption of civil liberties discourse had little impact on community and business groups ChevignyVitale After vagrancy and loitering laws were struck down by the courts, these groups continued to complain about prostitution in Times Square and the police continued to use roundups to arrest prostitutes in large numbers.

My case of a loitering law targeted at prostitutes reveals that the defeat of the vagrancy regime was incomplete. In her authoritative book Vagrant Nation, Goluboff Prostitutes Berck the term vagrancy regime to capture a law and Prostitutes Berck regime that gave the police the authority to control and contain Prostitutes Berck marginal people.

Carried to the colonies from England, Prostitutes Berck vagrancy regime continued in the United States for almost three-quarters of the twentieth century.

Its mission was to maintain order in communities by expelling vagrants or containing them in specific neighborhoods Hubbard Its mechanism consisted of vague, broad laws that Prostitutes Berck the police to stop and arrest individuals Prostitutes Berck evidence that they had committed actual crimes.

The targets of the vagrancy regime were diverse but included prostitutes, alcoholics, drug users, poor people, men and women of Color, gay men, lesbians, and transgender women and men.

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As a strong civil liberties discourse took hold of the legal community in the s, the Supreme Court began to make decisions that protected Prostitutes Berck accused against agents of enforcement. By andProstitutes Berck nation's highest court struck down vagrancy and broadly worded loitering laws in Palmer v. City of Euclid3 Coates v. City of Cincinnati4 and Papachristou v. City of Jacksonville But had it? By the s, a new form of order-maintenance policing began to take shape.

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It was referred to as new to distinguish it from the old Prostitutes Berck regime, which was thought to have Prostitutes Berck after Papachristou.

The theoretical basis of the new Prostitutes Berck policing regime, termed Prostitutes Berck broken windows theory, is often traced to an article by James Wilson and George Kelling published in The Atlantic in Prostitutes Berck Broken windows theory is based on the idea that if low-level violations and misdemeanors are not strictly enforced in communities, more serious crime will follow. Wilson and Kelling locate the link between disorder e. Enhanced criminal activity Prostitutes Berck follows, and the neighborhood deteriorates further.

To avoid this scenario, Wilson and Kelling argue, police officers need to return to the role they played under the vagrancy regime--that of night watchmen and peacekeepers in charge of maintaining community standards. Writing a decade after the Supreme Court found vagrancy and loitering laws unconstitutional, Wilson and Kelling praise the form policing took under the vagrancy regime.

However, they offer a new justification for containing and controlling socially marginal people: they are the agents of disorder and will bring more serious crime to the neighborhoods they inhabit. Neil Smith argues that the origin of the new form of order-maintenance policing can be traced to globalization and the growth of global cities as concentrated sites of capital.

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Cities around the world, in competition for corporate headquarters and investment, have Prostitutes Berck to create pleasant urban environments to serve as playgrounds Prostitutes Berck globe-trotting technocrats and individuals employed by transnational corporations. Global cities, and the increased inequalities that come with globalization, have exacerbated instabilities in the labor force, decreased affordable housing, Prostitutes Berck led to large cuts in social programs.

This, in turn, has created greater disorder. The response of the neoliberal order is to displace loiterers, people drinking publicly, prostitutes, and Prostitutes Berck individuals.

Punitive policing of low-level offenses Prostitutes Berck needed to clear the streets of these undesirables. Wacquant argues that this turn to a more punitive form of policing allows the neoliberal state to legitimize itself. No longer committed to its social welfare function, the state tells its productive citizens that it will keep them safe. These groups find themselves the targets of aggressive forms of policing, such as stop-and-frisk.

The police, arriving in a community and needing a way to separate the orderly from the disorderly, are likely to rely on negative stereotypes that portray, for example, young Black men as dangerous and prone to crime. Alex Vitalewriting about New York City, argues that white middle-class communities felt abandoned by liberal politicians who they believed were either not willing or not able to stop the rise of disorder in the s and s. Frustrated with the failure of underfunded social programs to get transients and panhandlers off the streets, these individuals organized and formed community groups that placed pressure Prostitutes Berck city officials and the police to clean up the city and restore New Yorkers' quality of life.

Vitale explains that Giuliani's rise to power in was fueled Prostitutes Berck New Yorkers' sense that their city was out of control. Many residents of New York welcomed Prostitutes Berck aggressive policy toward the agents of disorder, even if it meant the sacrifice of civil liberties in a famously liberal city.

Beckett and Herbert claim that the creation of new techniques of urban social control are an unanticipated consequence of the end of the vagrancy regime. As we will see below, the police need new tools of enforcement if their old ones are taken away. Deprived of the Prostitutes Berck and catchall loitering laws that were used to maintain order in the past, states have had to invent new Prostitutes Berck tools.

In addition to exclusion laws, laws have been passed or enforced more aggressively and selectively to drive individuals without homes out of gentrified city space. The rise of order-maintenance policing shows us that the effort to control and contain socially marginal Prostitutes Berck through enforcement practices Prostitutes Berck on despite the end of the vagrancy regime.

The scholars examined above agree that the new form of order-maintenance policing violates civil liberties--just as the vagrancy regime did. In the words of Ronald Dworkinsocially marginal individuals are not receiving equal concern and respect from their government.

However, this is not simply a matter of ignoring these individuals' rights Prostitutes Berck well-being. People who need help are being harassed, told to move on, arrested, and given the burden of a criminal record.

Such police practices are worsening their already extraordinarily difficult lives. By examining the case of prostitution policing in Times Square in the s, I intend to show that there was no hard break between the vagrancy regime and the new era of order-maintenance policing.

Although civil libertarian forces were able to end some of the worst due process abuses of the vagrancy regime, their efforts were undermined by the public's demand that Times Square be cleaned up Vitale It is important to understand that, in this case, "the public"was composed of heterogeneous interests, and the forces aimed at eliminating prostitution in Times Prostitutes Berck were not simply residential groups and local small businesses.

Additionally, as I explain in more detail later, the pressure that successive administrations placed on the police to clean up Times Square was driven, in part, by the desire Prostitutes Berck real estate interests and developers to make money. Politicians responded to this demand by producing a prostitution-targeted loitering law.

In their defense of the targeted loitering law--a defense that was complicated by their liberal profiles--lawmakers developed a new justification for the aggressive policing of low-level crimes. This justification was later Prostitutes Berck by the supporters of order-maintenance policing. Thus, we can Prostitutes Berck that the making of a loitering law targeted at prostitutes Prostitutes Berck allowed police to continue Prostitutes Berck practices roundups that Prostitutes Berck used under the vagrancy regime and created a discourse that contributed to the rise of the new order-maintenance policing regime.

This article proceeds by providing a brief synopsis of the vagrancy Prostitutes Berck, and how the liberal legal community fought against what it called victimless crimes.

The following section, Rethinking Prostitution, examines how civil libertarians, feminists, and sex workers redefined prostitutes as free agents, Prostitutes Berck of male domination, and workers' with the Prostitutes Berck to unionize. The purpose of this discussion is to show that there were positive constructions of prostitutes in the s.

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In section three, The Making of a Targeted Loitering Law, I explain how the police were caught between the public, who insisted that something be done about Times Square prostitution, and the liberal legal community, including prosecutors, judges, Democratic Prostitutes Berck, and civil libertarian organizations, who continued to take tools of enforcement away from the police. I argue that despite resistance from the liberal legal community, feminists, and sex workers, it was ultimately the public, and the NYPD, who won the debate over the need for a prostitution-targeted loitering law.

In section four, I show how liberal lawmakers restigmatized prostitutes to justify their vote in favor of the loitering law. In doing so, they created an argument that the defenders of the new practice of order- Prostitutes Berck policing then picked up and developed. The United States adopted British vagrancy and catchall loitering laws at its founding and these laws were employed on a regular-basis by police throughout the country until the Supreme Court declared Prostitutes Berck unconstitutional in Papachristou v.

City of Jacksonville in Oftentimes vagrancy laws were used to arrest individuals not on the basis of their actions but because of the type of person the police perceived them to be e. Arrests were also made based on an individual's past actions or arrest record.

People of Color and poor people were especially vulnerable to arrest for vagrancy Goluboff Vagrancy laws were originally aimed at idle or unemployed persons who were unable to show that they could support themselves; loitering laws focused on people who Prostitutes Berck suspicious to the Prostitutes Berck and who could not give a good account of why they were hanging out in a public place.

However, both types of laws Prostitutes Berck put to a large variety of purposes. After the Reconstruction era, vagrancy laws were used Prostitutes Berck control the mobility and labor of freedmen and freedwomen Blackmon They also served as a tool for ejecting outsiders from communities and punishing Prostitutes Berck alcoholics Footearresting hoboes and unsheltered people Hopperpersecuting gay men Chaunceyand suppressing political speech and civil rights, especially during the s and s Prostitutes Berck In Vagrant Nation, Goluboff describes the creation of a legal reform movement aimed at vagrancy and loitering laws and led by a loose network Prostitutes Berck civil libertarian lawyers involved in s social movements.

According to Goluboff, these lawyers gradually came to realize that vagrancy and loitering laws were being used against antiwar activists, civil rights leaders, and nonconformists such as beats and hippies, as well as prostitutes, gay men and lesbians, the poor, and racial minorities. Beginning as early aslawyers began filing antivagrancy cases, hoping that state courts or the Supreme Court could Prostitutes Berck persuaded to find them unconstitutional Goluboff The key criticism of vagrancy and loitering laws is that they give police officers unfettered Prostitutes Berck power.

The broad and Prostitutes Berck language of Prostitutes Berck laws allows police officers significant leeway in deciding to whom they should apply. The President's Commission on Law Enforcement and Administration of Justice concluded that vagrancy and loitering laws were used "by the police to clean the street of undesirables, to harass persons believed to be engaged in crime and to investigate uncleared offenses" Kadish Excessive police discretion, in turn, facilitated unequal treatment under the law.

Prostitutes Berck and loitering laws were most often used by police officers to stop, Prostitutes Berck, and arrest individuals they perceived to be violating community norms. Race often played a pivotal role in determining who was stopped GoluboffMuhammadRoberts By the late s and early s, many liberal politicians, lawyers, prosecutors, and judges in New York opposed vagrancy and loitering laws and their use in the arrest of prostitutes.

Criminal Court Judge Amos Basel complained in that the police indiscriminately rounded up women they believed to be prostitutes under the state's suspicious-persons loitering law. Basel went on to argue that the police who made these arrests were well aware that all charges would be dropped by prosecutors. The two authors of the victimless crime report, Antonio Olivieri and Irwin Finkelsteincondemned New York state loitering laws, arguing that they were unconstitutional according to recent US Supreme Court decisions.

New York's suspicious-persons loitering law, section Moreover, the report went beyond rejecting catchall loitering laws.

Carried to the colonies from England, the vagrancy regime continued in the United States for almost three-quarters of the twentieth century.

Olivieri and Finkelstein also held that it would be Prostitutes Berck to write a loitering law specifically targeted at prostitution. Delineating objective circumstances "that would indicate Prostitutes Berck an officer that a person intends to engage in a prostitution offense" would also prove exceptionally difficult.

According to the authors, "there is little in the way of objective circumstances which effectively distinguish between prostitutes and anyone else standing on a corner To these two civil libertarian lawyers Olivieri was Prostitutes Berck a member of the New York State Legislature Prostitutes Berck, roundups were unconstitutional and prostitution was a victimless crime.

In the s and s, civil liberties advocates, including the authors of the Prostitutes Berck crime report, argued in favor of taking a new approach to prostitution. Olivieri and Finkelstein ,92 outline three alternatives to the criminalization of prostitution: 1 establish an antisolicitation law that is enforceable in public places but decriminalize commercial sexual exchanges conducted in private; 2 regulate or license prostitution; and Prostitutes Berck comprehensive decriminalization.

They write that comprehensive decriminalization would be best from a civil libertarian and practical point of view. However, it was important to consider individuals who found the sight of prostitution offensive.

The second alternative of regulation, according to which commercial sex would be limited to specific parts of the city and Prostitutes Berck would be licensed, was rejected because it violated civil liberties, treating the sex worker "as a commodity to be licensed and regulated" Prostitutes Berck.

Therefore, Olivieri and Finkelstein ultimately recommend alternative one, which calls for decriminalizing the Prostitutes Berck of sex for money in private but requires an antisolicitation law to protect the interests of individuals who find public displays of prostitution offensive.

The purpose of an antisolicitation law would be "to decrease the visibility of prostitution by providing an alternative to streetwalking and its related visual and verbal assaults on passersby" ibid. The authors Prostitutes Berck that antisolicitation laws are difficult to enforce because pedestrians who are the victims of this injury are unlikely to be sufficiently motivated to make a complaint.

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They also argue that an alternative to jail should be available to individuals convicted of solicitation, such as an experimental residential program that would treat the underlying causes of prostitution and provide prostitutes with job training ibid.

The civil libertarian conception of prostitution rejects the idea that the state should uphold conventional sexual morality and protect its weaker members from Prostitutes Berck tempted into sin by depraved women. Instead, the problem with prostitution is clearly Prostitutes Berck as the presence or visibility of prostitutes. Herbert L. Packer, author of The Limits of Criminal Sanction, explains, "prostitution, like obscenity and like other sexual offenses, should Prostitutes Berck viewed as a nuisance offense whose gravamen is not Prostitutes Berck act itself, or even Prostitutes Berck accompanying commercial transaction, but rather its status as a public indecency" Packercited in Nelson In a society that is questioning moral prohibitions on sexuality, engaging in sex for a fee should not be considered a crime.

At the same time, pedestrians should be able to walk through the city without being exposed to streetwalkers. Civil libertarians were not the only actors seeking to redefine prostitutes and prostitution in the s; they were joined by prostitutes' rights groups and feminists.

James in San Francisco in They argued that the criminalization of prostitution only served to reinforce class and race hierarchies within the sex trade. The police ignored upscale white call girls and focused their attention on the less affluent street walkers, who were often Prostitutes Berck of Color Chateauvert Through protests, public education, and media coverage, sex workers argued that far from being sexual deviants, criminals, or victims, prostitutes were workers and, like all workers, deserved to have their rights protected.

Unionization was the best way for sex workers to improve their working conditions and to undermine the power of pimps Majic Criminalization allows organized crime, pimps, customers, and the police to exploit and control individuals involved in selling Prostitutes Berck services. As long as prostitution remained illegal, sex workers would be reluctant to go to the police if they were the victims of violence or exploitation.

Sex workers also strongly objected to the regulation or licensing of prostitution. They argued that regulations, such as required health checks, were often enforced without adequate concern for the civil liberties of sex workers.

Moreover, there was a sex bias in health regulations, which required prostitutes but not customers to be subjected to medical examinations Jenness Additionally, sex workers' rights organizations argued that regulation would prevent sex workers from being self-determining agents, who could make their own choices about where and when they worked. Like civil libertarians, sex Prostitutes Berck claimed both that the enforcement of antiprostitution laws was a waste of criminal justice dollars and that disorderly Prostitutes Berck and loitering laws were unconstitutional.

The developing women's liberation Prostitutes Berck was key Prostitutes Berck revealing the many sex biases embedded in both the policing of prostitution and the sex trade.

Feminists asked why prostitutes were demonized and shamed, Prostitutes Berck the demand for commercial sexual activity came largely from men. Wasn't this just another example of a double standard that punished women for sexual activity, while simultaneously protecting the rights of men to women's bodies?

Didn't women go into prostitution because of the restriction on women's employment opportunities and the low wages paid to women workers? Gender inequality and male domination were responsible for prostitution, according to many feminists. Consequently, prostitutes were the true victims of the sex trade. The reconceiving Prostitutes Berck prostitution and prostitutes was important because it opened up the possibility that prostitution was a benign exchange between a seller of sexual services and a client, or that procurers, pimps, and customers were as guilty as or Prostitutes Berck than prostitutes.

With public offense replacing social evil, Prostitutes Berck was at least partly detached from the heavy baggage of immorality, disease, and death that it historically carried Gilman However, as I will argue, these efforts to redefine prostitution and prostitutes were ultimately unsuccessful.

Even those politicians committed to civil libertarian principles eventually began to argue that prostitution, although not a moral issue, needed to be controlled and contained by law enforcement. Prostitutes Berck concentration of prostitutes in Times Prostitutes Berck in the s and s was, in part, the unanticipated effect of Mayor Lindsay's Prostitutes Berck to commercially upzone and redevelop Midtown West. Zoning laws from a decade earlier had made it difficult to build on the West Side of Manhattan and caused property values to stagnate.

However, Times Square's negative reputation repelled developers. The investment that Lindsay had hoped to spur did not materialize for over twenty years.

The failure to attract new investment throughout the s and s meant that Times Square would remain a haven Prostitutes Berck pornography, prostitution, drugs, and crime.

Once Lindsay rezoned, real estate owners anticipated selling their land and the buildings that sat on it to developers who would in turn raze the existing buildings and replace them with towers. As they waited to be offered an attractive deal by developers, real estate owners declined to upgrade their buildings and instead rented them to sex business owners, who paid Prostitutes Berck rents and did not push for repairs Eliot Prostitutes Berck Additionally, according to sociologist Pamela Robythe number of prostitutes in Times Square may have increased after riots in Harlem in discouraged white customers from seeking sexual services uptown.

In search of customers, women involved in the sex trade relocated to Midtown. Yet another explanation for the increase in prostitutes in Times Square was that the antiprostitution law section implemented in to replace the Prostitutes Berck law reduced the punishment for prostitution from six months to fifteen days. This law, which required police to act as decoys and catch sex workers offering to exchange money for sexual services, may have attracted prostitutes from outside of New Prostitutes Berck to sell their services in Times Square because of the substantially reduced jail times.

The minimized penalty reflected the influence of civil libertarians who believed commercial sex was a victimless crime. Whatever the explanation, the perceived increase in Times Square prostitutes set off a mini sex panic among Midtowners who felt they were facing a so-called epidemic of prostitutes Roby It should be noted, however, that not everyone reacted in this way Delany In response to the epidemic, residents and small businesses formed Prostitutes Berck networks of community groups and demanded that the Mayor's Office and the NYPD do something about prostitution in Times Square Schumach a,b.

These groups were joined by powerful economic interests Prostitutes Berck included the Hotel Prostitutes Berck of New York City RobyProstitutes Berck Shubert Organization, and Times Square real estate owners and developers Eliot In response, New York mayors, beginning with John Lindsay, were constantly reaching out to investors in Prostitutes Berck hope of developing Times Square. The NYPD's response to the sex Prostitutes Berck was to continue rounding up large groups of women, even though it was not clear whether their actions Prostitutes Berck legal.

Insection of the Penal Law went into effect. For the first time, police were required to have evidence of a conversation in which two individuals agree to exchange sexual services for money in order to make an arrest.

In another first, the antiprostitution law included a patron section, which made agreeing to pay for sexual services illegal. As mentioned in the introduction, the police were opposed to the new law. The argument given publicly by the NYPD was that police officers would no longer be Prostitutes Berck to rely on customer testimony against prostitutes if customers were now subject to arrest Roby However, it is far more likely that the NYPD's true objection to the law was that it provided no legal Prostitutes Berck for the police to engage in street sweeps Chevigny Commenting on a vice initiative in Times Square, a journalist reported on why police officers used a suspicious-persons loitering law to make arrests: "They said Prostitutes Berck large-scale arrests did not allow the use Prostitutes Berck undercover patrolmen, who pose as clients and make arrests for prostitution, so the easily proved loitering charge was used instead" Gansberg From tothe NYPD arrested prostitutes for disorderly conduct, suspicious loitering with the purpose of engaging in a crime, and, afterloitering with the purpose of engaging in a sexually Prostitutes Berck act.

Whether under the cover of law or not, the police refused to give up their traditional Prostitutes Berck for getting prostitutes off the streets Arnold Prostitutes Berck, GansbergGoldsteinZion The use of disorderly conduct charges against prostitutes led to considerable tension between the NYPD and the District Attorney's Office.

Fearing that these arrests were unconstitutional, prosecutors dismissed charges against alleged Prostitutes Berck. This stalemate came to an end when the District Attorney's Office reluctantly agreed to prosecute prostitutes under New York's suspicious-persons loitering law Chevigny Section Copyrights Teen Prostitution from Lucent. All rights reserved. Toggle navigation.

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