Today at 4 p.m. (Thursday, April 10), the Sex Worker Outreach Project (SWOP) will hold a rally in front of the Tucson Police Department headquarters, 270 S. Stone, “to demand justice and show support for Monica Jones, a student in the ASU School of Social Work who currently awaits trial after being profiled and falsely arrested through a prostitution diversion program called Project Rose.”
From SWOP:
Arizona has some of the most severe prostitution laws in the country. These laws rely heavily on the criminalization of vague activities like waving at cars, talking to passers-by, inquiring if someone is a police officer, and regularly violate the human and civil rights of those targeted. Thursday’s action is part of a nation-wide effort to raise awareness of the disproportionate impact of police action on our most vulnerable communities, including transgender people, women of color, poor people, and immigrants.
Since refusing to plead guilty to the charges she is innocent of, Ms. Jones has been targeted four additional times by police officers while walking around her neighborhood and carrying out everyday activities such as bringing groceries home or heading to her local bar. Every encounter with the police includes insults, transphobic language, and threats of arrest. Across Arizona and throughout the U.S., transgender people of color are routinely targeted for harassment and hate-motivated violence by police and the public, and are frequently profiled as sex workers by law enforcement. Incarcerated transgender people also receive the harshest and most violent treatment by other inmates and prison guards.
STAND WITH MONICA will dispel stigmatizing myths about sex workers, expose the devastating impact of diversion programs like Project Rose, and provide more information about how to support Monica Jones as she continues her fight for justice.
This article appears in Apr 10-16, 2014.
“… rally to demand justice …” What is this Mari? Government by mob violence? There are civil methods within the system to correct abberations, no need to turn this into a 3rd world mob action.
Votes, civil suits, formal complaints, attending city council meetings, publishing fact, naming names would be preferred to carrying signs and thus degrading the apparent civility of our City. Keep it orderly,
keep it safe, co-operate.
Mari’s all about the sex workers. I remember cracking up when she made the claim that Tucson is like the sex worker capitol of the SW. Sorry, but no. There’s not a hooker on every corner and Feldman’s Neighborhood isn’t hiding a couple of porn studios. Nice try.
“The right of the people peaceably to assemble, and to petition the Government for a redress of grievances” is in the First Amendment. Being able to rally and demand justice is a cornerstone of democracy, and a far cry from mob violence.
Only in Tucson.
Monica Jones Guilty Observations
Monica did a great job of testifying after the move to dismiss on constitutional grounds was denied.
The judge was very good, very precise and detailed asking many key questions and carefully clarifying all his rulings on objections and the case.
Unfortunately based on the elements of the Arizona manifestation law he had little choice as he discussed in detail in finding Monica guilty because of 1 or 2 key elements of the law were met by the City Prosecutor.
There were 3 key factual issues where there was minor disagreement between the perceptions of the undercover officers testimony and Monica.
1) Asking if a cop – This Monica easily rebutted. Cops were on patrol doing their roundups for Project Rose and Monica was in the area they were searching for prostitutes to fill their quotas to bring to Bethany Bible Church. Monica testified she wore a very short outfit and breasts above the nipple were showing as she was walking. Monica says she said “your a cop” vs the cops recalling she asked “are you a cop” Monica easily won this element by saying she then warned him about the sting in response to saying he was not a cop. So this element was no issue, Monica won.
2) The big one she lost on and maybe blame the attorney for not addressing it – as the judge pointed out – was the cops testimony not refuted was Monica grabbing the cops groin area. She admitted this without any explanation why. Therefore the judge had no choice but to include this as un refuted evidence that meets one of the “manifestations” in the Phoenix law.
3) About split on the issue the cop said Monica made him touch her breasts vs Monica denying. The judge took this as a factor for the State but I think he may have errored since Monica denied it. Or her testimony that she wore a very revealing top but no nipples showed vs. cops saying she pulled down her top to expose her breasts.
As the judge pointed out (as did Monica’s attorney) that when there is conflicting testimony absent any discrediting evidence, the cop’s testimony is given NO more weight than the defendant.
But the State basically established element 2 that she grabbed his groin area which she admitted to.
In addition the judge had to take into account, her prior prostitution conviction and she had motivation to alter her story because she faced the mandatory 30 days in jail.
IDEA FOR APPEAL – but in the testimony it was brought out that there were about 14 squads in his area rounding up the number they needed to take to Project Rose. This might be a factor in the bias of thought of the officer.
The judge was very lenient where he could be. He had no choice than 30 days in jail since was her 2nd offence it is the mandatory minimum on the 2nd offense. He sentenced to the minimum he could under the law. He also reduced the statuary fine where he does have discretion from $2500 to only $150 due to her going to ASU and not having much income. He says he rarely reduces the fine but has the authority to do so.
He also has to asses jail costs which for 30 days in jail is $2540.70, but due to her student status only is charging her $350.
He also wanted her sentence to not interfere with her ASU classes and after discussing with Monica set the sentencing arrangement date for May 28th as to not interfere with her studies.
I assume Monica will appeal and has 14 days to file a notice of appeal, then the hard stuff comes for the attorneys in the Appeal Memorandum etc. I suspect the Appeal will take at least a year but the judge indicated he would stay the sentence pending appeal assuming she appeals. The concern is this could be very costly in legal fees – don’t know if a concern or not.
Obviously the case had nothing to do with “walking while Trans”… there were no racial or Trans issues involved.
Other notes
The ACLU attorney who joined in Monica’s motion did a great job arguing the constitutional issues related to the vagueness of the Phoenix Manifestation law. But as the judge pointed out he is here to be a finder of facts related to the city of Phoenix manifestation law and not the Constitutional issues which can be raised on Appeal.
I have zillions more of notes and comments but thought I would get out this brief summary.
The gay/trans community is going wild with lies that it was all about being Transexual. That clearly had nothing to do with the case but social media with their zillions of supporters worldwide is going crazy with the “walking while trans” fantasy that had nothing to do with the case. But it makes a great cause whether any facts behind it or not.
The issue is the law which is the only issue to address on appeal.
It doesn’t sound from the testimony that she was profiled as much as she was walking in known area for prostitution which also happens to be the same area where there are gay bars. Gay bars and hooker hang outs go way back to prohibition, criminalization of prostitutes and being gay, (anti female impersonation laws…anti sodomy law) and before that even…The only places that would host us in the US in the early part of the 1900’s were mob run establishments. Both stonewall in NYC and the Compton Cafeteria riots in San Francisco involved trans/sw of color! http://thetaskforceblog.org/…/standwithmonica-to-end…/ should be made to stand with prostitutes was it was the through the labor of trans/sw of color who’s backs the modern LGBT movement was made on!