Staff Highlights

The U.S. Court of Appeals for the D.C. Circuit ruled that plaintiffs in the Woodhull Freedom Foundation’s (WFF’s) lawsuit against the United States have standing to pursue claims. This decision guarantees sex worker rights advocates their day in court. The suit brought by Woodhull, Human Rights Watch, The Internet Archive, and two other plaintiffs is a constitutional challenge to the Fight Online Sex Trafficking Act (FOSTA), which chills speech and harms sex workers. Since President Donald Trump signed FOSTA into law on April 11, 2018, sex workers have been erased from the platforms they previously used to schedule and screen their clients, share resources, and advocate for their safety and health.

A lower court dismissed the lawsuit last year, but the plaintiffs appealed. DSW’s Melissa Broudo and J. Leigh Brantly authored an amicus brief in support of the lawsuit, which was filed by DSW before the oral arguments in October of last year. The brief was instrumental in the appeal being granted, reviving Woodhull’s challenge to FOSTA. The U.S. Court of Appeals has ordered that the constitutional challenge be sent back to U.S. District Court for a ruling on the merits of the case. DSW will continue to support their motion.

U.S. Court of Appeals found that two of the four plaintiffs have adequate standing. Through her website Rate That Rescue, Alex Andrews established an Article III injury-in-fact because she has alleged intention to engage in conduct with constitutional interest. U.S. Court of Appeals found that Eric Koszyk, a licensed massage therapist living in Portland, Oregon, had also established adequate Article III standing. The passage of FOSTA and the shutdown of Craigslist “Therapeutic Services” section directly negatively impacted Koszyk’s ability to find clients and make a living. Significantly, the courts also found that if FOSTA were repealed, Mr. Koszyk’s predicament would be remedied.

“We are thrilled with the victory in this incredibly important case,” said Ricci Levy, President and CEO of Woodhull. “We are committed to fighting this unconstitutional and dangerous law to the end.” The Woodhull team and their allies have worked tirelessly on this critical case.

DSW’s Kaytlin Bailey authored an op-ed on the implications that this case has for the health and safety of vulnerable communities everywhere. The decision can be accessed here — Monitor WFF’s Lawsuit Against FOSTA page for further updates.

DSW attended the Adult Video News (AVN) Awards Conference in Las Vegas. At this annual expo, meet-and-greet, and awards show, members of the adult entertainment industry exhibit their latest work, newest products, and talk about business initiatives. J. Leigh Brantly, Melissa Broudo, and Kaytlin Bailey presented on DSW’s work at the expo.

DSW’s presence highlighted the critical connection between labor rights for both legal and criminalized sex workers. We were encouraged by the supportive reception DSW received at the expo, as well as the valuable allies garnered by our presence there—folks at the intersection of law enforcement, mobility-impaired clients of sex workers, and other adult performers and activists.

Politicians have long demonized the porn industry, implementing repressive labor policies that pose barriers to fair wages, rights, and safety. Sex workers are standing together to fight for their rights. Elizabeth Nolan Brown from Reason visited DSW’s booth at the expo and interviewed Kaytlin Bailey. “We are all stigmatized as sex workers,” says Bailey. “There are a lot of people here that told me that SESTA-FOSTA was the thing that got them to contact their senator for the first time, or got them to vote or pay attention to politics.” 

The most substantial barrier in the realization of rights for all sex workers, criminalized and otherwise, is stigma. FOSTA/SESTA is only the newest form of legal discrimination against the industry. The law is designed to target “any web content that promotes or facilitates prostitution.” In practice, this heavily censors the work of legal adult entertainers as well as full-service sex workers. Many of the cash apps entertainers use are censored, as well as their social media accounts, making it impossible for workers to advertise safely or accept payment.

A huge thank you to the AVN community for supporting DSW and sex workers everywhere.

This month marks Decriminalize Sex Work’s first full calendar year as a national advocacy organization. It is hard to believe how fast it has gone!

Since DSW’s founding in the spring of 2019, our organization has:

1. Helped New Hampshire activists promote a study commission on sex work and human trafficking in the state, and offered expert testimony at numerous hearings;

2. Submitted an amicus brief on behalf of the Woodhull Freedom Foundation to support its constitutional challenge of SESTA/FOSTA;

3. Participated in a successful hearing with internationally recognized experts on the subject of sex work and trafficking in Rhode Island;

4. Hosted a Unity Reception at the Cornell Club in New York City, at which speakers included Dame Catherine Healy of New Zealand and Ceyenne Doroshow;

5. Provided expert testimony in a hearing to fully decriminalize sex work in Washington, D.C.;

6. Partnered with local sex worker rights advocates on legislative initiatives and community outreach efforts in NH, RI, WA, HI, CA, VT, and DC;

7. Established a grants program for sex worker rights activists and organizations around the country — five different individuals and organizations, spanning the country from Hawaii to New Hampshire, received grants to further the cause of decriminalizing sex work;

8. Attended and exhibited at the following national and international conferences:

• South by Southwest 2019;
• The Seattle Annual Sex Worker Summit;
• Law and Society Association Conference;
• National Conference of State Legislatures annual meeting;
• National Association of Criminal Defense Lawyers 2019 Defending Sex Crimes Seminar;
• Woodhull Freedom Foundation’s 2019 Sexual Freedom Summit;
• 2019 International Human Trafficking and Social Justice conference;
• American Public Health Association’s annual international conference;
• American Legislative Exchange Council’s 2019 policy summit;
• and the National Organization for Women’s New York state conference.

 

DSW is gaining momentum. We have expanded our team from six to nine dedicated members and doubled our budget to accommodate a growing number of exciting initiatives. Through mailing lists, social media, and personal and professional partnerships, our outreach touches thousands of advocates around the world. We participate in coalitions and initiatives supporting sex workers, trafficking survivors, LGBTQ, TGNC, and migrant rights across the country.

This month we met with lobbyists working to pass two incredible decriminalization bills in Vermont, and we are assisting the New York Public Advocate’s office in drafting a Sex Worker Bill of Rights. DSW has expanded its grants program to better serve the incredible work activists are already pursuing nationwide.

It is because of supporters like you that DSW can have the impact that it does. Thank you for believing in this organization and following our journey. If you are able, please consider donating via DSW’s website to help us continue fighting for the rights, health, and safety of sex workers and their communities in the United States.