Just two years after being told they could start enforcing prostitution laws again, the Dallas Police Department has once again been ordered to stop enforcing a controversial prostitution law after Municipal Judge Jay Robinson ruled it unconstitutional, according to reports.
The original law let police arrest or cite people suspected of prostitution if they were seen trying to stop cars or talk to strangers on the street.
But on May 21, Jay Robinson said the updated law is still too vague and too broad. He said it could be used against people doing normal, innocent things, like talking to a friend or waving at someone.
“The Ordinance, by potentially applying to such conduct as talking and waving to other people, clearly implicates protected freedoms,” Robinson wrote in his ruling. The city of Dallas did not want to comment on the judge’s decision. In a memo to officers, police leaders said they are reviewing their options and figuring out what to do next.
Perhaps, given the recent wave of Dallas-based officials seemingly advocating their duties, this shouldn’t come as a surprise. Or perhaps, given the recent revocation of its 1988 staffing ordinance, the judge feels that the already short-staffed police force could find better uses for its time, given the seeming crime wave ushered into the state in the wake of lax border control policies.
Wesley Sackrule, a lawyer who represents two women charged under this law, said he was happy with the ruling. “We believe past enforcement has been arbitrary and has criminalized innocent behaviors,” Sackrule said. “We look forward to defending this ruling as the case moves forward.”
The law allowed police to give citations if a person was known as a prostitute, repeatedly tried to talk to people, or tried to stop cars by waving or other gestures. Officers had to give people a chance to explain what they were doing before arresting them. City leaders said the law was needed to help stop prostitution and human trafficking. But critics said it unfairly punished people for doing normal things in public.
In 2023, Dallas officials updated the law to add new definitions and required that there be intent to break the law. Officers also had to consider if someone was blocking the sidewalk or if the area was known for prostitution. However, the judge said the changes introduced in 2023 did not go far enough.
The two women in the latest case, Sabrina Gabriella German and Journi Randolph, were accused in December of violating the law in an area of Dallas known for prostitution. They had been charged with similar offenses before, but those charges were dropped.
Police in the Northwest Patrol Division, which covers areas like Harry Hines Boulevard and Shady Trail, have focused on cracking down on prostitution for years. But Judge Robinson insisted that the law could hurt people who were not actually doing anything illegal, like helping someone get food or asking for directions.
Texas law already punishes prostitution in a stricter way than the city’s ordinance. Undercover detectives handle those cases, but the city law lets regular patrol officers give citations without a big investigation.
Judge Robinson said the city’s law does not effectively define important terms within its wording and does not let police fairly judge what someone is doing. “The ordinance allows for arrest based upon speculation and suspicion, and we do not allow arrest based on suspicion,” he wrote.
