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Appeals court judge rules controversial Dallas prostitution ordinance unconstitutional

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Appeals court judge rules controversial Dallas prostitution ordinance unconstitutional


A Dallas County appeals-court judge has ruled that a controversial Dallas law on prostitution is 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.”

The offense, spelled out in Section 31-27 of the Dallas City Code, occurs when a person loiters in a public place in a manner that is “manifesting the purpose” of soliciting prostitution. A citation can be issued if, for example, a person is a known prostitute; repeatedly beckons to others or tries to engage them in conversation; or attempts to stop a vehicle by waving, hailing “or any other bodily gesture.”

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.

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The ordinance has been repeatedly criticized for the considerable leeway it gives police officers in determining the purpose of otherwise-innocuous activities.

Prostitutes flood back into northwest Dallas after police vice unit shuttered 

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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Jivani’s attorney, Gary Krupkin, filed a motion to quash the complaint in November, arguing that the charge is in violation of the Fourth Amendment.

“What the city is trying to do is remove criminality from the streets in the form of prostitution,” Krupkin said Saturday. “That’s not the way to do it.”

Municipal Court Judge Jay Robinson found that the offense did not violate the Fourth Amendment, but said the ordinance was unconstitutionally vague and overbroad. The Dallas city attorney’s office appealed, and Wade affirmed Robinson’s ruling.

“An ordinance is overbroad when it punishes constitutionally protected conduct as well as illegal activity,” she wrote.

Garland police detective detained by Dallas police on prostitution-related citation

Wade said lawful behaviors, including talking to passers-by and waving at cars, are targeted under the ordinance and subject to the discretion of law enforcement. A bias toward areas of Dallas that have higher crime rates or a lower-income population could lead to a citation being issued in South Dallas for behavior that is considered lawful in North Dallas, she wrote.

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“Everything about this ordinance is highly dependent on the mindset of an arresting officer,” Wade wrote. While it may prohibit soliciting prostitution, “the ordinance also makes it illegal for a woman in high crime area to summon a cab if a police officer is watching.”

Wade also noted that the Texas penal code already penalizes the actual solicitation of prostitution.

The city attorney’s office did not immediately respond to requests for comment Saturday.

Krupkin expects the city to respond by taking the ordinance off the books or rewriting it.

“I thought Judge Robinson had it right from the beginning,” he said. “It’s gratifying to know Judge Wade thinks the same way.”

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Dallas, TX

Sources: Giants’ DeVito expected out vs. Dallas

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Sources: Giants’ DeVito expected out vs. Dallas


New York Giants quarterback Tommy DeVito is expected to be out for Thursday’s game against the Dallas Cowboys because of his forearm injury and Drew Lock is expected to start in his place, sources told ESPN’s Adam Schefter and Jordan Raanan.

DeVito is listed as questionable for the Thanksgiving Day game, but a source told ESPN on Wednesday that DeVito was considered a long shot to play.

He did not travel with the team to Dallas on Wednesday as he was undergoing further evaluation, the Giants said. The team, however, said it expected him to travel to Dallas later Wednesday.

DeVito took several big hits in Sunday’s 30-7 loss to the Tampa Bay Buccaneers. He was making his first start of the season after the Giants released former starter Daniel Jones late last week.

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The Giants turn to Lock after bypassing him following the benching of Jones for DeVito. Lock spent the first 10 weeks as the backup, with DeVito as the third string/emergency quarterback.

Lock has a short week and no real practices to get ready for the matchup of NFC East rivals. He also will be playing behind an offensive line without its starting tackles. Andrew Thomas (foot) is on injured reserve and Jermaine Eluemunor (quad) was ruled out Wednesday.



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Colorado visits Dallas after shootout victory

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Colorado visits Dallas after shootout victory


Associated Press

Colorado Avalanche (13-10, in the Central Division) vs. Dallas Stars (13-8, in the Central Division)

Dallas; Friday, 9 p.m. EST

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BETMGM SPORTSBOOK LINE: Stars -140, Avalanche +116; over/under is 6.5

BOTTOM LINE: The Dallas Stars host the Colorado Avalanche after the Avalanche took down the Vegas Golden Knights 2-1 in a shootout.

Dallas is 13-8 overall and 4-2-0 against the Central Division. The Stars have a 4-2-0 record in games they score at least one power-play goal.

Colorado is 13-10 overall and 2-3-0 against the Central Division. The Avalanche have a 2-5-0 record in games their opponents serve fewer penalty minutes.

The teams meet Friday for the first time this season.

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TOP PERFORMERS: Matt Duchene has 12 goals and 14 assists for the Stars. Mason Marchment has five goals and seven assists over the last 10 games.

Cale Makar has eight goals and 22 assists for the Avalanche. Mikko Rantanen has eight goals and seven assists over the past 10 games.

LAST 10 GAMES: Stars: 6-4-0, averaging 3.7 goals, 6.4 assists, 3.1 penalties and 8.2 penalty minutes while giving up 2.8 goals per game.

Avalanche: 7-3-0, averaging three goals, 4.8 assists, 2.6 penalties and 5.2 penalty minutes while giving up 2.9 goals per game.

INJURIES: Stars: None listed.

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Avalanche: None listed.

___

The Associated Press created this story using technology provided by Data Skrive and data from Sportradar.




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Kidd breaks the silence, gives first update on Luka Doncic’s sudden wrist injury

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Kidd breaks the silence, gives first update on Luka Doncic’s sudden wrist injury


The Dallas Mavericks’ bad injury and availability luck this season continued into Wednesday evening, as Dallas will be without Daniel Gafford, Klay Thompson, Dante Exum, and Luka Doncic against the New York Knicks tonight.

While no one expected Doncic and Exum to play as they are both out with wrist injuries, both Thompson and Gafford had a chance at playing. Thompson will be out for the second straight game with left foot plantar fascia, and Gafford is out with an illness.

This illness has been no joke for Dallas, as both Quentin Grimes and Dereck Lively II were listed on the injury report, but both are available against the Knicks.

The Mavs have found a way to win two of the three games that Doncic has missed due to this sprained wrist that he unexpectedly suffered against the New Orleans Pelicans last Tuesday, and Mavs head coach Jason Kidd gave the first update on Doncic’s status when it comes to the wrist injury on Wednesday night.

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“He looks good,” Kidd said at his pregame media availability. “Everything that has come back that he looks good and is getting closer to coming back.”

Kidd then continued to talk about how Doncic has been going through “individual workouts,” and everything that he has “heard or seen is trending in the right direction.” He went through a pregame workout at the American Airlines Center with his wrist taped despite being out, and this is a good sign.

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It’s typical for Kidd and the Mavericks to limit what they tell the media when it comes to players’ injuries, but the fact that Doncic is going through workouts and responding well is a good sign. Doncic has not been able to catch a break this season, as he has dealt with a calf contusion, knee contusion, and this wrist sprain over the last two months, and this week-plus off should help get him back to being 100 percent.

He didn’t even seem to be 100 percent with his knee when he injured his wrist against New Orleans, and him getting this time of rest could be huge for him in returning to playing at an MVP level. This wrist injury happened so suddenly against the Pelicans, and even Doncic didn’t know the exact moment it happened. He said that the pain started early on in the game, and it got worse as the game went on. Doncic dubbed his wrist injury as “nothing serious” in his postgame press conference from last Tuesday night, but his availability lately says otherwise.

This season for Dallas, Doncic is averaging 28.1 points, 7.6 rebounds, and 7.6 assists per game while shooting 43.5 percent from the field and 32.4 percent from downtown, and while his numbers are down, Kidd remains confident in his superstar. Kidd emphasized that Doncic is still “human” last week when asked about his slow start to the season, and even though Dallas is finding ways to win without him, his return is going to help take this team to another level.

His teammates miss having him on the floor with them, and the Mavs are a completely different team when Doncic is fully healthy and cooking with gas. It has been a while since Mavs fans saw Doncic fully healthy considering the downpour of injuries that slowed him down during the playoffs, and he and Kyrie Irving will have the chance to help push this team back to the top of the Western Conference once he returns from this wrist injury.





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