Category: DSW Newsletter #11 (February 2020)

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 Significantly, the courts also found that if FOSTA were repealed, Mr.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. SESTA/FOSTA 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.