Well it is between "consenting adults." It will be interesting to see how this plays out. And I have to hand it to these ladies lawyers. Calling prostitution "interactive pornography" and oral sex "performance art" is quite inventive.
http://drudgereport.com.co/prostitut...-court-ruling/
Prostitution is currently legal in the State of New York, without the regulations and restrictions that Nevada has, after a federal judge ruled in favor of a “working girl” who claimed her oral sex technique was an act of performance art for which she deserved to be compensated, while a second woman described her acts as “interactive pornography,” which makes her not a prostitute, but an “actress.”
The two women, Elizabeth Benson and Deborah Brown, were arrested last July in Staten Island, New York after police had caught them “entertaining clients” in cars parked near one another. When NYPD booked the women, they both claimed that their arrests were violations of their first amendment rights, as they weren’t engaging in prostitution, but art.
Benson and Brown, defended in court in October 2014 by a small team of lawyers working pro bono, were found guilty of solicitation, prostitution, and public lewdness and were sentenced to 14 months imprisonment. But their legal team successfully managed to win them an appeal, and on Tuesday, February 17th, a judge ruled for their immediate release from prison… while also temporarily legalizing prostitution in New York State, so long as the prostitute can explain how their work constitutes art.
“Prostitutes are protected by the same rights afforded to corporations under the first amendment, and have an even stronger case when their physical acts are contributions toward public art,” says Judge Kevin Knowles. “That they accept payment in no way invalidates the quality of their work or the statement they’re making through artistic expression.”
Judge Knowles went on to compare the case to Citizens United. “The Supreme Court ruled that money equals free speech. That corporations hold the same personhood rights as an individual. If that’s true, I don’t see how our society can criminalize or even condemn prostitution. I don’t care how gifted Ms. Benson or Ms. Brown are, they aren’t going to screw even one one-thousandth as many people in a year as Time Warner Cable does in an hour. What that corporation does constitutes a bigger health threat and more of a public menace than anything these prostitutes do. I’m starting to wonder who the real prostitutes even are.”
New York State is hoping to appeal Knowles’ decision with the Supreme Court, though Benson and Brown have already been released from jail. Brown says she expects to be back to work — “making interactive pornographic plays” — as early as Thursday.
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