News Law and Policy

Louisiana Sex Workers Will No Longer Be Labeled as Sex Offenders

Jordan Flaherty

Louisiana's era of forcing certain convicted sex workers to register as sex offenders appears to be over. Governor Jindall's office announced today that he had signed into law a bill, sponsored by Louisiana State Representative Charmaine Marchand Stiaes, that effectively moves prostitution convictions back to the level of misdemeanor.

This article is cross-posted with permission from The Louisiana Justice Institute.

Louisiana’s era of forcing certain convicted sex workers to register as sex offenders appears to be over. Governor Jindall’s office announced today that he had signed into law a bill, sponsored by Louisiana State Representative Charmaine Marchand Stiaes, that effectively moves prostitution convictions back to the level of misdemeanor.

Previously, police officers and prosecutors in Louisiana had a choice between charging accused sex workers under the prostitution law, which was a misdemeanor, or under Louisiana’s 200-plus year-old “Crime Against Nature” law, a felony. That law was interpreted to apply specifically to solicitation for oral or anal sex, but in practice it meant police had ultimate discretion on who to charge with the greater offense.

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The majority sentenced under the law were indigent women of color and transgender women of color. Once convicted, they were also forced to register as sex offenders, which brought a long list of restrictions and requirements, including having the words “sex offender” printed in large letters on their driver’s license, and the obligation to send a post card to all of their neighbors informing everyone of their conviction.

The new law does not eliminate the “Crime Against Nature” category entirely, but it makes the penalties equal to the misdemeanor-level prostitution charge.

While police continue to harass sex workers across the state, and many women are still imprisoned under these regressive laws (even as US Senator David Vitter faced no penalty for his admitted liaisons with prostitutes), this is a step forward. And much credit should go to the NO Justice Project, convened by Women With A Vision, which worked to raise awareness about this unjust law and fought on multiple fronts to bring it to an end.

In a statement from the NO Justice Project released after the law was signed, Davida Finger, Assistant Clinical Professor at Loyola said, “We welcome this change in the law, which finally brings Louisiana in line with every other state in the country. But the injustice still persists. Almost 40 percent of registered sex offenders in New Orleans are on the registry because of a Solicitation of a Crime Against Nature (SCAN) conviction. They too should receive the benefit of this change in the law and be removed from the sex offender registry.”

Women With A Vision Executive Director Deon Haywood added, “We will continue to fight for justice for all those still living under the penalties of the past. There is still serious work to be done.”

“The grassroots and national leadership of Women with a Vision in tirelessly raising this issue for the past three years is nothing short of heroic,” said Andrea Ritchie, co-counsel in Doe v. Jindal, police misconduct attorney and expert on U.S. policing of women and LGBT people. “This victory is a product of collaboration between community groups, legal advocacy organizations and legislators seeking justice on behalf of the women and LGBT youth suffering from the discriminatory effects of SCAN – it is clear that community organizing can make real change.”

Women With A Vision urges those who have SCAN charges on their record and currently are on the registry to contact them at 504.301.0428.

News Law and Policy

Texas Could Be Next to Give Police Hate Crime Protections

Teddy Wilson

Police officers have shot and killed 165 people in Texas since the start of 2015. Of those, 35 were Black men, 12 of whom were unarmed. There were 2 officers killed by firearms in Texas in 2015.

Texas Gov. Greg Abbott (R) announced Monday that he would ask the state legislature to pass a law classifying acts of violence committed against law enforcement officers as hate crimes, mimicking a similar measure passed by Louisiana lawmaker.

Abbott said in a statement that the proposal is intended to send a message.

“At a time when law enforcement officers increasingly come under assault simply because of the job they hold, Texas must send a resolute message that the State will stand by the men and women who serve and protect our communities,” Abbott said.

Abbott will ask the GOP-held Texas legislature to pass the Police Protection Act during the upcoming 2017 legislative session, which convenes in January. The proposal would extend hate crime protections to law enforcement officers.

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Abbott’s proposal would increase criminal penalties for any crime against a law enforcement officer, regardless of whether or not the crime qualifies as a hate crime. The proposal would create a campaign to “educate young Texans on the value law enforcement officers bring to their communities.”

Abbott’s proposal comes in the wake of a shooting in Dallas that left five police officers dead, and six others injured. Micah Xavier Johnson targeted police officers during a peaceful Black Lives Matter protest, before he was killed by law enforcement.  

Police officers killed at least 1,146 people in the United States in 2015, according to the Guardian’s database The Counted. Police officers have shot and killed 165 people in Texas since the start of 2015. Of those, 35 were Black men, 12 of whom were unarmed, according to the Guardian’s database. There were two officers killed by gunfire in Texas in 2015, according to the National Law Enforcement Officers Memorial Fund (NLEOMF).

Police in Texas have shot and killed 53 people so far in 2016, per the Guardian‘s database.

The Dallas shooting increased the urgency of calls to increase the penalties for violence against law enforcement.

U.S. Sen. John Cornyn (R-TX) introduced similar legislation in Congress, designed to make killing a police officer a federal crime. Cornyn said in a statement that police officers protect communities and deserve “unparalleled support.”

Louisiana Gov. John Bel Edwards (D) in May signed into law the so-called Blue Lives Matter bill, which amended the state’s hate crime law to include acts of violence against any “law enforcement officer, firefighter, or emergency medical services personnel.”

Proponents of laws creating more penalties for crimes against law enforcement claim these measures are needed because of a growing threat of targeted violence against law enforcement. Data shows that violence against law enforcement has declined to historically low levels, while killings of civilians by police officers have risen dramatically.

Violent attacks on law enforcement officers are lower under President Obama than they have been under the previous four presidential administrations, according to the Washington Post’s analysis of data from the Officers Down Memorial Page.

During the Reagan presidency, there was an average of 101 law enforcement officers intentionally killed per year; during the George H.W. Bush administration, there was an average of 90 police killed per year; during the Clinton years, there was an average of 81 police killings annually; and during George W. Bush’s presidency, there was an average of 72 police killings via stabbings, gunfire, bombings, and vehicular assault per year.

There have been an average of 62 law enforcement officers killed annually during Obama’s seven and a half years in the White House.

The number of Texans who died during the course of an arrest almost doubled from 2005 to 2015, according to an analysis of state data by the Dallas Morning News. The increase in deaths coincided with a 20 percent reduction in the number of arrests statewide.

Matt Simpson, a policy strategist at the ACLU of Texas, told the Dallas Morning News that the number of deaths during arrests in Texas add to the evidence of systemic racism within the justice system.

“We have pretty strong evidence in a variety of ways that the criminal justice system is disproportionate,” Simpson said. “These numbers are unfortunately stark reminders.”

Analysis Human Rights

Activists Seek Justice as Verdict Looms for Officer Involved in Freddie Gray’s Death

Michelle D. Anderson

Freddie Gray, 25, died from spinal cord injuries in April 2015, a week after police arrested and took him into custody. Last year, Baltimore City State's Attorney Marilyn J. Mosby brought criminal charges against six of the officers involved with his arrest. Since then, three officers' trials have been completed without convictions.

The bench trial of Lt. Brian Rice, the highest-ranking Baltimore Police Department officer involved in the 2015 death of Freddie Gray, began on Thursday, July 7. Rice faces involuntary manslaughter, second-degree assault, and reckless endangerment; the state dropped a misconduct charge after acknowledging Rice was not directly involved in Gray’s arrest. The closing arguments in his trial are scheduled for this Thursday; the judge is expected to share his verdict Monday.

The Rice trial started just as the public began grappling with the deaths of Philando Castile and Alton Sterling—and the subsequent murder of five police officers at a Dallas protest.

Castile and Sterling, both Black men, died during encounters with police in Falcon Heights, Minnesota, and Baton Rouge, Louisiana, triggering nationwide protests against police brutality and implicit racial bias that have continued into this week.

And just like the days following Gray’s death, social media sites like Twitter and Facebook were flooded with images, videos, and hashtags demanding justice.

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Gray, 25, died from spinal cord injuries in April 2015, a week after police arrested and took him into custody. Activists and some Maryland legislators accused police of giving Gray an intentional “rough ride,” when inmates or persons in custody are transported in police vans without a seat belt and subjected to frantic driving, ultimately causing them injury. Last year, Baltimore City State’s Attorney Marilyn J. Mosby brought criminal charges against six of the officers involved with his arrest. Since then, three officers’ trials have been completed without convictions—and as activists on the ground in Baltimore wait for more verdicts, they are pushing for reforms and justice beyond the courtroom.

The first police trial, which involved charges against Officer William Porter of involuntary manslaughter, second-degree assault, reckless endangerment, and misconduct in office, ended in a mistrial in December 2015 after jurors failed to reach a verdict.

Baltimore City Circuit Court Judge Barry Glenn Williams acquitted Officer Edward M. Nero of all charges in May. Mosby had charged Nero with misconduct, second-degree assault, and reckless endangerment for putting Gray into the police van without a seat belt.

But many viewed the trial of Caesar R. Goodson Jr., who drove the van, as the most critical of the six. Last month, Judge Williams announced that Goodson, too, had been acquitted of all charges—including second-degree depraved-heart murder, the most serious of those brought against the officers.

Kwame Rose, a Baltimore activist, told Rewire he was not surprised.

“The judicial system of America shows that police are never held accountable when it comes to the death of Black people,” said Rose, who was arrested in September and December during peaceful protests related to Gray’s death.

During Goodson’s trial, Williams said there were several “equally plausible scenarios,” that could have transpired during Gray’s arrest. He also rejected the state’s argument that police intentionally gave Gray a “rough ride,”according to a New York Times account.

Ray Kelly, community relations director for the No Boundaries Coalition of West Baltimore grassroots group and a community interviewer for the West Baltimore Community Commission on Police Misconduct, said he was disappointed by the Goodson verdict. However, he noted that he was heartened by Mosby’s decision to bring criminal charges against the officers in the first place. “It’s a small change, but it is a change nonetheless,” Kelly said in a recent interview with Rewire.

In addition to the charges, Gray’s death eventually sparked a major “pattern or practice” investigation by the U.S. Department of Justice (DOJ). Local activists, including the No Boundaries Coalition, which issued in March a 32-page report that detailed police misconduct in Baltimore and helped to trigger the DOJ, expected the findings of the DOJ investigation in late June.

However, the document has yet to be released, said Kelly, who is a native of the same West Baltimore neighborhood where Gray was detained.

Kelly is expecting a consent decree—similar to the ones in Ferguson, Missouri, and Cleveland, Ohio—and a continued partnership with federal officials in the near future.

For Kelly, the trials—and the lack of convictions—have proved what leaders in groups like the No Boundaries Coalition have been saying in their advocacy. One of those messages, Kelly said, is that the community should continue to focus less on the judicial process for theoretically punishing officers who have committed wrongdoing and more on initiating policy changes that combat over-policing.

Baltimore Bloc, a grassroots group, seemed to echo Kelly’s sentiment in a statement last month. Two days after the Goodson verdict, Baltimore Bloc activists said it was a reminder that the judicial system was not broken and was simply doing exactly what it is designed to do.

“To understand our lack of faith in the justice system, you must first recognize certain truths: the justice system works for police who both live in and out of the city; it works against Black people who come from disinvested, redlined Black communities; and it systematically ruins the lives of people like Keith Davis Jr., Tyrone West and Freddie Gray,” Baltimore Bloc leadership said, referencing two other Baltimore residents shot by police.

The American Civil Liberties Union, citing the U.S. Supreme Court decision in Illinois v. Wardlow, said in a May blog post that police had legal case for stopping and arresting Gray, but also said the action constituted racially biased policing and diminished rights for Black and Latino citizens.

“The result is standards of police conduct that are different in some places than other places. It is a powerful example of institutionalized and structural racism in which ostensibly race-neutral policies and practices create different outcomes for different racial groups,” ACLU leaders said.

Right before issuing its statement in May, ACLU released a briefing paper that said at least 21 individuals had been killed in police encounters across Maryland in 2015. Of those fatal encounters, which included Gray, 81 percent were Black and about half were unarmed.

The ACLU said it was impossible for the agency to determine whether any officers were disciplined for misconduct in most cases because the police refused to release crucial information to the public.

The ACLU began compiling information about police custody deaths after learning that Maryland officials were not tracking those cases. In 2015, state politicians passed a law mandating law enforcement agencies to report such data. The first set of statistics on police custody deaths is expected in October, according to the ACLU. It is unclear whether those will include reports of officer discipline.

In line with those efforts, activists across Maryland are working to bring forth more systemic changes that will eliminate over-policing and the lack of accountability that exist among police agencies.

Elizabeth Alex, the regional director for CASA Baltimore, a grassroots group that advocates on behalf of local, low-income immigrant communities, told Rewire many activists are spending less energy on reforming the judicial process to achieve police accountability.

“I think people are looking at alternative ways to hold officers and others accountable other than the court system,” Alex said.

Like the No Boundaries Coalition, CASA Baltimore is part of the Campaign for Justice, Safety & Jobs (CJSJ), a collective of more than 30 local community, policy, labor, faith, and civil rights groups that convened after Gray’s death. CJSJ members include groups like the local ACLU affiliate, Baltimore United for Change, and Leaders of a Beautiful Struggle.

CJSJ leaders said the Goodson verdict underlined the critical need for “deep behavioral change” in the Baltimore Police Department’s culture. For the past year, the group has pushed heavily for citizen representation on police trial boards that review police brutality cases. Those boards make decisions about disciplining officers. For example, the city’s police commissioner might decide to discipline or fire an officer; that officer could go to the trial board to appeal the decision.

This spring, recent Baltimore City mayoral candidate and Maryland Sen. Catherine Pugh (D-Baltimore), helped pass an omnibus police accountability law, HB 1016. Part of that bill includes a change to Maryland’s Law Enforcement Officer’s Bill of Rights (LEOBR) giving local jurisdictions permission to allow voting citizens on police trial boards. Republican Gov. Larry Hogan signed the changes into law in May.

That change can only happen in Baltimore, however, if the Baltimore Fraternal Order of the Police union agrees to revise its contract with the city, according to WBAL TV. The agreement, which expired on June 30, currently does not allow citizen inclusion.

In light of the current stalled negotiations, Baltimore Bloc on July 5 demanded Baltimore City Council President Bernard C. “Jack” Young instead introduce an amendment to the city charter to allow civilian participation on trial boards. If Young introduced the amendment before an August deadline, the question would make it onto the November ballot.

Kelly, in an interview with Rewire, cited some CJSJ members’ recent meeting with Baltimore Police Commissioner Kevin Davis as a win for Baltimore citizens. During that meeting, held on June 29, Davis outlined some of his plans for implementing change on the police force and said he supported local citizens participating on police trial boards, Kelly said.

This year, the Baltimore Police Department has also implemented a new use-of-force policy. The policy emphasizes de-escalation and accountability and is the first rewrite of the policy since 2003, according to the Sun.

The ACLU has welcomed the policy as a step in the right direction, but said the new rules need significant improvements, according to the Sun.

For example, the policy requires reporting to the department when an officer flashes or points a weapon at a suspect without shooting; the data will be reviewed by the police commissioner and other city officials. However, it doesn’t require the same from officers who use deadly force.

Notably, the policy requires officers to call a medic if a person in custody requests medical assistance or shows signs that they need professional help. Gray had requested a medic, but officers were skeptical and didn’t call for help until he became unresponsive, according to various news reports.

Rose, who recently received legal assistance from the ACLU to fight criminal charges related to his arrests last year, said citizens should continue to demand accountability and “true transparency” from law enforcement.

In the meantime, with four trials—including Rice’s case—remaining and no convictions, many are looking to see if Mosby will change her prosecution strategy in the upcoming weeks. Roya Hanna, a former Baltimore prosecutor, has suggested Mosby showed poor judgment for charging the six officers without “adequate evidence,” according to the Sun.

Meanwhile, Baltimore City’s police union has urged Mosby to drop the remaining charges against officers.

The trial of Officer Garrett E. Miller is slated to begin July 27; Officer William Porter, Sept. 6, and Sgt. Alicia D. White, Oct. 13. All officers charged pleaded not guilty.

Baltimore Bloc, citing its dissatisfaction with her performance thus far, demanded Mosby’s removal from office last month.

Kelly, who counts Baltimore Bloc among his allies, has a different outlook. Calling’s Mosby’s swift decision to charge the six officers last year  “groundbreaking,” the Baltimore activist said the ongoing police trials are justified and help give attention to police misconduct.

“She should follow through on the charges ….We need that exposure,” Kelly said. “It keeps the debate open and sparks the conversation.”