Seattle’s ‘Stay Out’ Zones Will Curb Civil Liberties, Not Crime
Can this really be constitutional? Seattle is about to make it illegal for some people accused of low-level prostitution and drug offenses to visit certain popular areas of the city. It’s calling these places “stay out” zones, and violating an order to stay out could lead to almost a year in jail and a $5,000 fine.
Under policies passed by the council last week, people could be subject to stay-out orders for up to two years, cutting off their access to any businesses, family, friends, employers, entertainment, or educational opportunities in those areas. And the orders don’t necessarily even require a conviction; a judge could issue one to someone merely charged with a crime as a condition of being released from jail before the trial.
The city is also bringing back penalties for loitering for prostitution, having done away with an earlier version of this restriction in 2020. Loitering for prostitution laws allow police to arrest people merely for being a suspected sex worker or or engaging with one; they don’t require cops to prove any sex for pay or offers of sex for pay took place. They’ve been widely criticized for encouraging police harassment, particularly of groups—such as transgender people—who cops may be more likely to see as sex workers. The new loitering law is much like the old one, except it targets prostitution customers and promoters rather than sex workers per se.
SOAP & SODA
SOAP and SODA sounds like a weird but possibly fun party theme. They’re not. These are the monikers given to the six “stay out” zones the Seattle City Council approved last Tuesday. SOAP stands for “Stay Out of Area of Prostitution” and SODA is “Stay Out of Drug Area.”
These are not small or isolated parts of town. The SOAP zone encompasses a huge chunk of Seattle’s Aurora Avenue North and surrounding blocks, from North 85th Street all the way up to North 145th Street. And six SODA zones are located throughout the city, including areas around downtown Seattle, Chinatown, the University District, and Capitol Hill. “The SODA and SOAP zones include a number of sites where nonprofits provide services,” notes The Seattle Times.
Mayor Bruce Harrell has not yet signed the new bills into law, but a spokesperson for his office told the Times that Harrell is “supportive of additional tools to help keep neighborhoods safe.”
The SOAP bill, sponsored by Council Member Cathy Moore, would also create a new prostitution loitering offense, targeting prostitution customers. Someone is guilty of this misdemeanor “if he or she remains in a public place and intentionally solicits, induces, entices, or procures another to commit prostitution,” the bill says.
Police may decide that someone is guilty of prostitution loitering if a person “repeatedly…engages passersby in conversation,” makes a “bodily gesture” that is “indicative of soliciting for prostitution,” stops a car to talk to someone thought to be a sex worker, or “circles an area in a motor vehicle and repeatedly beckons to, contacts, or attempts to stop pedestrians,” among other things. (Woe to the lost driver trying to get directions, or to someone stopping to talk with a friend who the police think is dressed too skimpily!) People will be considered especially suspicious if they are “in a known prostitution area or designated Stay Out of Area.”
The bill also creates the gross misdemeanor crime of “promoting loitering for the purpose of prostitution,” aimed at people “acting in a manner and under circumstances that demonstrate the purpose of directing, supervising, recruiting, arranging for, enticing, or inducing another person to engage in loitering for the purpose of prostitution.”
Lastly, the bill creates the prostitution “stay out” zone and stipulates that a judge may bar “anyone charged with, or convicted of” either prostitution loitering offense to stay out of this area, “either as a condition of pretrial release…or as a condition of sentence.” A judge can also issue a SOAP order to anyone charged with or convicted of a crime that occurred in a SOAP zone if the court decides there is “a nexus between the offense and prostitution-related crimes.”
Violating a SOAP order can net someone an additional gross misdemeanor charge and ne
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