Dallas’ amended prostitution ordinance is necessary

The Dallas City Council did the right thing by quickly working to pass an amended ordinance to police prostitution in the city.

In July, a judge ruled that the original ordinance was unconstitutional for being overly broad and vague. We agree with the ruling based on the ordinance’s imprecise language, which did too little to ensure it passed constitutional muster.

But prostitution is a serious problem in Dallas, and giving police another tool for addressing it is vital.

In August, we urged the City Council to refine this important ordinance. Their quick work in conjunction with the City Attorney’s office to do just that is praiseworthy.

The old ordinance made it a crime to loiter in a public place “in a manner and under circumstances manifesting the purpose of inducing, enticing, soliciting or procuring another to commit an act of prostitution.” It left too much up to the individual judgment of police officers.

The amended ordinance clarifies the language of the law and more clearly spells out exactly what an officer must suspect before issuing a citation or arresting someone. It eliminates the language of loitering, adds several definitions and allows the Dallas Police Department to identify areas that are known for prostitution and target them. The last one is an addition that likely calls parts of Harry Hines Boulevard to mind for many Dallasites.

The newfound clarity of the ordinance doesn’t just make it fairer to enforce and adjudicate, it also creates better guardrails against abuse by holding police to a higher standard.

Still, these “manifestation ordinances” have long been controversial, and opponents continue to argue that they give law enforcement too much leeway in harassing innocent people and victims of human trafficking.

That’s true, and it’s why these ordinances need precise language and instruction for officers.

But Dallas police have a long history of working to help women who are trapped in prostitution rings, often through sex trafficking. And DPD needs the ability to engage people who are involved in prostitution to speak with them and “try and get that case on their trafficker,” Dallas Police Maj. Devon Palk said at the council meeting. Pursuing traffickers can mean helping prostitutes escape from a life very few people choose. Officers can offer to help victims get into assistance programs as part of these interactions, Palk said.

Prostitution creates serious concerns for Dallas residents because it diminishes neighborhoods and attracts crime.

The police department’s Special Investigations Division can use this ordinance in conjunction with undercover operations to capture traffickers. But that division isn’t always available to deal with every report of prostitution, and this ordinance provides a means for patrol officers to address the issue as well, according to Palk.

Concerns surrounding the constitutionality of the ordinance may very well surface again in a legal challenge, but we support the city’s efforts to find realistic ways to address the crime of prostitution — and more importantly human trafficking.

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