Appeals court judge rules controversial Dallas prostitution ordinance unconstitutional

In her ruling Thursday, County Criminal Court of Appeals Judge Kristin Wade said that the city’s prohibition on “manifesting the purpose of engaging in prostitution” — a misdemeanor punishable with a fine of up to $500 — “is seeking a shortcut that trespasses on the constitutional rights of Dallas citizens.”, occurs when a person loiters in a public place in a manner that is “manifesting the purpose” of soliciting prostitution.

The ordinance says officers must allow possible offenders to explain their conduct and that no one shall be convicted if they disclose a lawful purpose for their behavior at trial.for the considerable leeway it gives police officers in determining the purpose of otherwise-innocuous activities. According to court documents, Iqbal Jivani was cited last August with the Class C misdemeanor after being accused of loitering with the purpose of engaging in prostitution in the 11100 block of Shady Trail, near Interstate 35E and Walnut Hill Lane in northwest Dallas.

“Said actor was in a known prostitution area and stopped to engage passers-by in conversation,” police wrote in a complaint.

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