The New Orleans City Council unanimously passed an ordinance on May 8, 2025, to protect sex workers from arrest and prosecution for prostitution if they are reporting crimes committed against them. This new law codifies an existing New Orleans Police Department policy that discourages arresting sex workers who are victims or witnesses to crimes, aiming to encourage their cooperation with investigations without fear of their own arrest.
A key component, the "Right to Safe Sex" provision, prevents law enforcement from using the possession of condoms as evidence of prostitution.
The Trans Income Project, a Louisiana-based support group for transgender individuals, was a significant force behind this legislation, highlighting its potential benefits for trans people, many of whom have experience in the sex industry.
It's important to note that while this ordinance applies to the New Orleans Police Department, it does not cover other law enforcement agencies operating within the city, such as Troop NOLA.
Other Cities and Vicinities Considering Decriminalization of Prostitution
Several other jurisdictions have been discussing or have introduced legislation concerning the decriminalization of sex work. Here's what was found:
* Washington, D.C.: Advocates in D.C. have highlighted that decriminalizing sex work is a matter of health, safety, and survival, noting that criminalization can lead to various threats for sex workers. Models in other countries like New Zealand and Belgium, where decriminalization has occurred, show improved conditions for sex workers, including better legal, health, and safety rights, and improved relations with police.
* New York: Bills have been introduced (S3075/A849 in 2022) aiming to remove criminal penalties for consenting adults involved in sex work. The arguments in favor suggest this could lead to better regulation, improved healthcare access, and increased support for those in the industry.
* Massachusetts: Similar to New York, Massachusetts has considered legislation (bill H1867) to decriminalize prostitution while maintaining legal consequences for pimps and buyers, focusing on reducing exploitation and ensuring sex worker safety.
* Vermont: Vermont has also engaged in discussions about decriminalizing sex work (bill H630), with proponents arguing it would promote harm reduction and improve access to support services.
* Missouri: Discussions regarding the potential decriminalization of prostitution are also taking place in Missouri.
* Hawaii and Rhode Island: Lawmakers in Hawaii have introduced measures to decriminalize prostitution for both sex workers and clients. In Rhode Island, some lawmakers are pushing for measures to protect sex workers and clients who report crimes.
* Tennessee: Legislation has been introduced in Tennessee to provide some protections for sex workers.
It's worth noting that while many states have proposed legislation to decriminalize sex work over the past decade (including Maine, Massachusetts, New York, and Vermont, as well as Washington, DC), these broader state-level policy changes have often faced challenges in passing. Currently, Nevada is the only U.S. state where prostitution is legal in some counties through licensed brothels.
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