Monica Jones Takes ‘Manifesting Prostitution’ Challenge to Arizona Supreme Court

Monica Jones is asking the Supreme Court of Arizona to reverse
her April conviction for “manifesting prostitution” and deem the
ordinance she was charged under unconstitutional. Pursuant to
Phoenix city code, accepting a ride from a stranger, waving at
passersby, or asking someone whether they’re a cop could constitute
“manifesting an intent to commit or solicit an act of
prostitution,” a misdemeanor crime. 

Jones
was arrested in May 2013, after accepting a ride from an
undercover police officer working on Phoenix’s “prostitution
diversion” detail. Jones, a student at the University of
Arizona, was involved in local LGBT and sex work activism. At a
rally the night before, she had been warning women about the
Phoenix Police Department’s sting operation that weekend. 

With the help of the American Civil Liberties Union (ACLU) of
Arizona Jones
challenged the charges, arguing that Phoneix’s manifesting
prostitution statute is “unconstitutionally vague and overbroad”
and infringed on freedom of speech. The Phoenix Municipal
Court disagreed,
sentencing Jones to 30 days jail time and a $500 fine. Today, Jones
filed an
appeal with the state Supreme Court. 

From The Arizona Republic: 

Jones’ attorney, Jean-Jacques “J” Cabou of Perkins Coie LLP,
said the ordinance undermined various portions of the First
Amendment. “This law abridges a lot of pure speech — speech like
speaking, speech like asking questions, speech like what you wear,”
Cabou said. “The law protects all of those things, and, in this
case, it protected none of them.”

In the April trial, the municipal judge’s decision hinged on the
accounts of two witnesses: Jones and the undercover Phoenix Police
officer. Their stories diverged on several factors, including who
initiated the ride and whether Jones instigated sexual contact.

Jones’ attorneys say the ordinance also relies too much on the
assumptions of the individual officer. In Jones case, attorneys
noted, the undercover officer described her outfit as a “black,
tight-fitting dress” and repeatedly referred to Jones as a man in
his written report.

Jones is transgender. She was heading to meet friends at a bar
and dressed in a manner this police officer deemed provocative. And
that’s what’s insidious about this law: It allows for cops’
subjective judgments about intent to stand in for any actual
criminal activity. To manifest prostitution, you only need look to
a cop like a prostitute.

“The officer who arrested me profiled me as a sex worker because
I am transgender, I am a woman of color and I live in an area that
is perceived to be low income,” Jones
said in a statement. At an ACLU gathering Monday night,
she was joined by trans actress Laverne
Cox. The Orange Is The New
Black star said Jones’
challenging the law was “a huge inspiration” to her and trans
people across the county.