Should We Legalize and Regulate Brothels?

Food for Thought

The arrest of a 57-year-old male San Francisco high school assistant principal and a 41-year-old Milpitas woman for running a brothel in an upscale North San Jose apartment complex has shocked the residents of the building and others around the city. It was one of two similar brothels shut down by San Jose police last week and the tenth one of the year brought to police attention by complaints from neighbors. But why should the fact that brothels exist in such places surprise anyone?

Couldn’t we say that the reason the “world’s oldest profession” is driven underground is because of outdated puritanical laws from the days when such things were swept under the carpet by so-called Christian society so as to avoid recognition of their reality? Centuries of attempts to stamp out prostitution have not only failed, but made the situation worse by keeping it outside a framework of regulation that could make it much safer for both the customers and the providers, and keep the practice from becoming a “dirty secret” in residential areas.

Other countries tumbled to this ages ago—the Netherlands for instance. The Dutch have legalized it and now license, regulate, tax and locate it in well-defined areas, such as the famous district of Amsterdam where prostitutes display their “wares” from behind big picture windows. It’s all out in the open and the regulations protect Dutch prostitutes from experiencing a whole list of health problems, slave-like personal and financial control by pimps and physical abuse that illegal prostitutes in America and other countries suffer from. Here in the USA, Nevada is alone in pursuing the Netherlands model and it has been a success.

If we recognize the fact that prostitution will always be a part of our society, why not just accept it and treat it like any other business? First of all, it would negate the need for an SJPD vice squad division, and the energy and funds used to investigate, pursue, arrest, charge and incarcerate those involved in the trade could be saved and put to other more urgent uses. Licensing would bring the business operators out in the open (and would probably keep school administrators out of the game) where health and workplace issues could be monitored for the greater safety of the prostitutes and the population in general.  Brothels would obviously be located in some defined area outside of residential neighborhoods where they could be easily monitored and police involvement would then only be necessary to protect them like any other citizen workers (there’s an amazing switch). And, not inconsequentially, taxes and fees could be collected from them as with any other business entity.
There is much to gain and nothing to lose by legalizing prostitution and regulating it. Of course, like anything else, there will probably still be “black market” brothels outside the system. However, doesn’t it seem reasonable to expect that much of the trade would come under the legal umbrella?

Prohibiting prostitution has not worked as the centuries have shown, so why would we want to continue to criminalize it? Wouldn’t we be better off if we followed the lead of the Netherlands? Are we ready as a society to make that leap?

19 Comments

  1. I’m against the nanny state. Legalize and tax prostitution like the Dutch do, but leave fast food alone.

    “conservatives” and “liberals” are more alike than either would care to admit. Both want to overregulate our lives. It’s only the specifics that they argue about.

  2. JMO,

    Gosh, if Phaedra unionizes the establishments, will that mean that seniority becomes a variable regarding who gets to take care of the customers?

  3. I don’t see the big deal with this.  San Jose used to having “sporting hourses” all over town, and they weren’t taxed and regulated, just “open for Business.”

    Many years ago a Mrs Christina de Luz, whose house now sits at History Park, told me that there was once a gentlemans club across the street from her.

    To paraphrase her, “It was a very fine, grand house.  Deliveries in the morning from the butcher, baker, liquor stores and wash service came.  In the afternoon well known businessmen showed up.”

    Over on Park Ave near Race street stood an old saloon reportedly a stage coach stop back in the 19th cnetury.  My college roomate told me his dad would head over there after work (I guess this would be the ‘50s) to spend part of his paycheck on the women who worked upstairs.

    So maybe if we had sporting house we could get the girls off the street.  but if you try to regulate it the city would probably turn the job over to RDA and then we’d have out of town, high priced (and subsidized no doubt) chain operations.

    Hugh Biquitous

  4. Positive benefits of legalization:
    Reduce the spread of STD’s, tax income that is currently untaxed, minimum age requirements, take the pimp out of the loop who beats the sexworker.

    Negatives:
    People being offended that two people may choose to trade money for a service.

  5. Wow, and y’all were worried about men wasting the families grocery money at BAY 101..

    Sorry honey, there is no grocery money this week.. but it was worth it!

    And while we’re at it, lets legalize weed as well.  I know most y’all smoke!

  6. Greg #7—excellent question.  I don’t have the answer.  Let’s ask Phaedra.

    Dre #10—I got no problem with legalizing weed, but I doubt that most of us smoke.

    Sin will always be with us, so let’s close the budget gap with sin taxes on everything sinful.

  7. I would like to see sex eliminated in the city of San Jose.  Whether sex is performed in marriage, outside of marriage or through prostitution, sex is a bunch of nonsense.

    The citizens of San Jose should engage themselves in music and art, math and science, biking and jogging, and engineering and architecture.

  8. Oh I get it – downtown’s new “Sin Pays” economic development plan – great post Jack

    We could have family friendly whore houses in San Jose’s 24 hour downtown and customers will “come” by BART from all over the bay as part of Downtown Association’s economic development plan

    Paul Krupko’s Economic Development study will show that 24 hour downtown with whores, clubs open until 6 am, moving card clubs to downtown and converting private suites in HP Arena from yearly leases to hourly rentals will provides $1-2 billion in economic benefits if Council provides $100 million a year to downtown property owners and have all San Jose’s police in downtown

    Clubs are sooo successful in generating $400,000 per year in sales taxes and while city gives clubs tax subsidy $1 million ( negative $600,000 ) year for club police overtime while pulling police officers from neighborhood for clubs and downtown events and neighborhood crime goes up 25% –

    San Jose’s Crime rate is way below our big California peer cities – San Francisco, Los Angeles and Oakland that we can double our crime rates and still be way below our peer cities

    – Sin pays high taxes and profits – San Jose can become California’s Las Vegas – 24 hour sin city downtown

  9. So let me get this straight; San Jose inside is against bars, clubs, and events downtown.  It is agianst Casinos and card clubs and anything else fun…..

    But you are for legalizing prostitution?????

    Wow, the metro has really done a number on you goof balls.

    Keep it up (excuse the pun)

    Reality Check

  10. We’re ready for legalization. Regulation . . . maybe not.

    Can you imagine legally endorsing prostitution at the same city council meeting that we illegitimize fast food? Our politicians and self-image probably aren’t prepared to deal with this.

    We are more likely to continue taking the cheapest way out: not think about it, fail to enforce any prostitution laws, and no politician is forced to put its regulation and endorsement on his/her resume.

    Despite your column, Jack, I fail to see any real problems with the status quo. Prohibiting prostitution hasn’t ‘worked’? No health epidemics, no crime epidemics, isolated illegal entry by girls here and there, and the worst complaints we get from citizens are neighborhood public nuisances.

    All things being equal, I’d rather have a balanced budget and a focused police force.

  11. Yeah, we could balance the budget on the backs of working girls.

    But seriously, folks, I side with Jack (for once) on this one.  Legalizing it cleans it up and probably brings the price down for those who utilize those services; and it generates tax revenue;  and, most important for the unions,  offers opportunities to unionize the girls AND the inspectors.  A spectacular double dip for organized labor. Phaedra oughta jump all over this one.

    But one argument of Jack’s doesn’t work so well: “Prohibiting prostitution has not worked as the centuries have shown, so why would we want to continue to criminalize it?”
    Let’s subsitutte some words for “prostitution”, such as “rape”, “armed robbery”, “child molestation”.

    Hhhmmm—Prohibiting rape has not worked as the centuries have shown, so why would we want to continue to criminalize it? Or, Prohibiting armed robbery has not worked as the centuries have shown, so why would we want to continue to criminalize it? 

    Well, you get the picture.

    Jack, I think you’ll have Elliott Spitzer’s support for your bold new plan if you just give him a jingle.

  12. That we can recite justifications for legalizing prostitution, and possibly financially benefit from such a change, does nothing to deny the fact that we have benefitted from its prohibition. We, as a nation, may well owe our continued existence to the fact that in this culture of big corruption and systemic greed, we have as a people held tight where we could, remained cognizant of the line in the sand, and tended to that little patch of optimism from which we all feed our children.

    Who among us is willing to look at a bright-eyed five year-old girl and declare that we as a society should acquiesce and benefit should she grow up and fall from grace? Who among us would look forward to the day when our own little girl would come home from school with a question about this strange but apparently legitimate career choice for young women? Who among us could stomach the news that a coworker friend was doing business not with our daughter the dentist, but our daughter the $300 whore? Who among us could stomach that pain that has nothing to do with the letter of the law, but everything to do with the morals that some of us keep saying no longer matter.

    If a life of prostitution isn’t a good enough future for an innocent five year-old, or palatable as a career choice for your own daughter (or son), then please don’t agree to it being good enough for anyone else. Hold the line, let the cops deal with the ugly reality, and go on telling your kids that even though everyone in the world is not good, good is what you and society expect of them.

  13. Jack, What a great pick up line. Hi, my names’s Jack, I’m a whore. Would you like to get to know me would licence every one that wanted to work the down town as a whore, man or woman. Not only would the hotels be full nightly, the resturants would be filed to capacity.
      Every one licenced for happy endings would be required to be tested for aids and other social deseases. We do that with lobbist already, Right?
      Since there is a little whore in all of us, Let’s give it a try.
      Just think of the possiblities, A married woman could require her cheating spouse to cough up 300 bucks a pop.
      The kids need school clothes, NO ploblem, be back in 20 minutes I’m going next door for a quickie.
      How many of us have Block Buster Cards? So, Why not card every person that wants to sell happiness.
      Those amongst us who is with out sin cast the first stone. How about that Fin Fan?
      Thanks Jack for this weeks Happy Ending. The way this country is heading, I’m left feeling like a whore that did not get paid for giving my all.
      So here’s to all you whores in the office, man or woman. Tell the boss to give you a raise are he or she can go F#c# them selves.
      There is a wind of revolution here folks.
      F#CK’em ALL!!!!!!!!!!
                  Happy Hooker

  14. San Jose – Best whore houses in California

    San Jose has more whores, gambling and booze than San Francisco

    What happens in San Jose stays in San Jose since pays for city services

    San Jose – Best 24 hour party in US

    San Jose – Sin pays for our city services

    We don’t need no stinking Las Vegas, California has San Jose

    San Jose – Silicon Valley’s best Whore houses

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