New Orleans Groups Applaud Change in “Scarlet Letter” Law

CONTACT: Deon Haywood (504) 931-7944; Jen Nessel (212) 614-6449, jnessel@ccrjustice.org; David Lerner (212) 260-5000, dlerner@riptideonline.com

New Orleans Groups Applaud Change in “Scarlet Letter” Law, Urge Removal of All Individuals Convicted of Solicitation of Crime Against Nature Law from Sex Offender Registry

June 29, 2011, New Orleans – Late last night, legislation eliminating the mandatory sex offender registration requirement for individuals convicted of Louisiana’s Solicitation of a Crime Against Nature (SCAN) statute was signed into law. This change equalizes penalties for individuals charged with solicitation of oral and anal sex under the 205-year-old law with those faced by individuals charged under the state’s prostitution statute. Community group Women with a Vision, along with its allies, have long advocated for changes to what they call an unjust and discriminatory law and say they welcome the amendment. The groups also commend Representative Marchand Stiaes, who sponsored the original bill, for her leadership in bringing about the elimination of the harsh penalties associated with a SCAN conviction. Deon Haywood, executive director of Women with a Vision, will be available for interviews today.

“For over two decades now, people – largely low-income women of color, including transgender women – have been branded with this scarlet letter simply because they were convicted under this archaic, discriminatory law,” said Deon Haywood, executive director of Women with a Vision. “For the women I work with, and for LGBT young people, this has created an almost insurmountable barrier to much-needed housing, employment, treatment, and services.  At long last, the legislature has equalized penalties for the two offenses going forward.  But we will continue to fight for justice for all those still living under the penalties of the past. There is still serious work to be done.”

In Louisiana, allegations of solicitation of oral or anal sex in exchange for compensation can be prosecuted either under the SCAN statute or under the prostitution statute. Though the conduct alleged is identical, for decades a SCAN conviction has resulted in harsher sentences and higher fines – as well as mandatory registration as a sex offender for periods of 15 years to life. The new law equalizes the penalties for SCAN and prostitution going forward, though not retroactively.

The changes to the law do not offer relief to the hundreds of people currently on the registry solely because they were prosecuted under SCAN, a statute that experts say expresses particular moral distaste for sex acts that are historically associated with homosexuality.

“We welcome this change in the law, which finally brings Louisiana in line with every other state in the country,” said Davida Finger, Assistant Clinical Professor at Loyola. “But the injustice still persists. Almost 40 percent of registered sex offenders in New Orleans are on the registry because of a SCAN conviction. They too should receive the benefit of this change in the law and be removed from the sex offender registry.”

In February, the Stuart H. Smith Law Clinic and Center for Social Justice at Loyola University New Orleans College of Law, the Center for Constitutional Rights (CCR), police misconduct attorney Andrea J. Ritchie and Cleary Gottlieb Steen & Hamilton LLP filed a federal civil rights law suit, Doe v. Jindal, on behalf of nine plaintiffs, challenging the disparate punishment meted out under the SCAN statute. The plaintiffs in the case, who have old SCAN convictions, will continue to be required to register as sex offenders for 15 years to life.

“We hope the State of Louisiana will do what is just and extend this much-needed reform to people who are already on the sex offender registry because of one of these convictions,” said Bill Quigley, Clinical Director of Loyola Law Clinic and Associate Legal Director of the Center for Constitutional Rights. “Not only have they been punished enough, but the legislature has clearly recognized that penalties under this law were irrational and excessive.”

“The grassroots and national leadership of Women with a Vision in tirelessly raising this issue for the past three years is nothing short of heroic,” said Andrea Ritchie, co-counsel in Doe v. Jindal, police misconduct attorney and expert on U.S. policing of women and LGBT people. “This victory is a product of collaboration between community groups, legal advocacy organizations and legislators seeking justice on behalf of the women and LGBT youth suffering from the discriminatory effects of SCAN – it is clear that community organizing can make real change.”

The mission of Women with a Vision is to improve the lives of marginalized women, their families, and communities by addressing the social conditions that hinder their health and well-being. We accomplish this through relentless advocacy, health education, supportive services, and community-based participatory research. Visit http://wwav-no.org/.

The Center for Constitutional Rights is dedicated to advancing and protecting the rights guaranteed by the United States Constitution and the Universal Declaration of Human Rights. Founded in 1966 by attorneys who represented civil rights movements in the South, CCR is a non-profit legal and educational organization committed to the creative use of law as a positive force for social change. Visit www.CCRjustice.org and follow @theCCR.

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June 17th – “NO MORE WAR ON DRUGS”

SECOND LINE PARADE/COMMUNITY FORUM

June 17 will mark forty years since President Richard Nixon, citing drug abuse as “public enemy No. 1”, officially declared a “war on drugs.” A trillion dollars and millions of ruined lives later, the war on drugs remains an abject failure.

Drug policy reform advocates all across the country will mark this auspicious date with a day of action to raise awareness about the failure of drug prohibition and call for an exit strategy to the failed war on drugs.

To commemorate the 40^th anniversary, drug policy reform organizations will hold a national day of action. Events will be held in 15 states, and in major cities like New York, Los Angeles, Chicago, San Francisco and New Orleans. The day of action will be highlighted with a large-scale event with elected officials in Washington, DC.

A Second Line parade surrounding drug policy initiatives and community issues will epitomize the funeral for Nixon’s War on Drugs and provide a launching point for future community action and dialogue concerning this issue.

“The past 40 years of the war on drugs have had a profound effect on families in African American communities nationwide, significantly affecting Louisiana as we have the highest incarceration rate in the country. Penalties against possession of a drug should not be more damaging than the drug itself. We need policies that move away from the current criminal justice system by attending to drug overdose and addiction, through harm reduction and health promotion.”
-Deon Haywood

What: “No More War on Drugs”

When: June 17, 2011 @ 3pm

Who: Women With A Vision, Inc.

Where:-Parade begins at the Three-Star Barber Shop at Felicity and Clara
-Proceeds down Clara to MLK Ave
-Right at MLK to Simon Boulevard/ LaSalle
-Right on Louisiana to Clara
-Right on Clara into Harmony Oaks
-End at Harmony Oaks Community Center where a “War on Drugs” forum will take place.

“Some anniversaries provide an occasion for celebration, others a time for reflection, still others a time for action, said Ethan Nadelmann, executive director of the Drug Policy Alliance. “Forty years after President Nixon declared his war on drugs, we’re seizing upon this anniversary to prompt both reflection and action. And we’re asking everyone who harbors reservations about the war on drugs — to join us in this enterprise.

Second Line Parades are vibrant community events distinct to New Orleans which exemplify the unification and artistic/social expression of the community and its values.

Other Day of Action events include:

• Chicago – Hundreds of Chicagoans will gather at the State of Illinois James R Thompson Center to rally against drug policies that have led to injustices such as extreme racial disparity in Illinois’s prisons and jails

• Los Angeles – Grass root organizations and students, including Students for Sensible Drug Policy, Pico Youth and Family Center, Mother United to End the War on Drugs, All of Us or None, Homies Unidos and other criminal justice organizations, will stage a Day of Action to call for Community Solutions to end the 40 year war on drugs and mass incarceration. Also, the William C. Velasquez Institute will host a forum in Los Angeles with top Latino leaders to discuss the impact of the drug war on Latino communities.

• New York – Advocates, community leaders and elected officials will attend a forum and silent vigil at the Harlem State Office Building to highlight the impacts of the drug war on NY communities.  The event will be organized by  Women on the Rise Telling HerStory (WORTH)

• Washington, DC- Law enforcement officials, leaders from the African American Community and religious leaders will hold a forum at the National Press Club to denounce current drug war policies. Leaders will call for a new direction and open conversation on the issue of drug prohibition.

June 14th – SCAN Victory in the Louisiana Senate!!

Today, the Louisiana Senate voted UNANIMOUSLY in support of our bill to remove Solicitation of a Crime Against Nature (SCAN) from the sex offender registry and make the penalties the same as prostitution.

Next stop is the governor’s office!  We will be leaning on all of our local and national allies to ensure that Governor Jindal follows the House and Senate’s lead in signing this important step towards healing and justice for the women of Louisiana into law.

For more information on the bill, please see this article in the Times-Picayune: http://www.nola.com/politics/index.ssf/2011/05/those_convicted_of_soliciting.html

For more information on SCAN, please check out our policy brief at: http://wwav-no.org/a-modern-day-scarlet-letter-%E2%80%93-crime-against-nature-factsheet

Stay tuned for information on how you can lend your support.  For now, please help us spread the word.  This is an incredible day for the women of Louisiana and all who are joined in our collective struggles for reproductive and transformative justice!

June 6th – SCAN Victory in the Louisiana House!!

Just two years ago, we launched the NO Justice Project to challenge the use of Louisiana’s Crime Against Nature statute for prosecuting women engaged in sex work.

Today we gained our first major legislative victory:  House Bill 141 (by Rep. Charmaine Marchand Stiaes) passed with only three dissenting votes!  This bill seeks to remove Solicitation of a Crime Against Nature (SCAN) from the sex offender registry and make the penalties the same as prostitution. Next we are on to the Senate Judiciary Committee.  Rep. Stiaes is hoping to have our bill heard there as early as next week.

This is a huge step in our struggle for healing and justice with the women of Louisiana.

In Louisiana, women engaged in sex work are increasingly being charged under the felony-level SCAN statute. A SCAN conviction mandates 15-year registration as a sex offender.  Along with having to send out cards to local schools and agencies whenever they move, anyone with a SCAN charge also faces a minimum $2,000 fine, with threat of incarceration for failure to pay.

At present, 97% of women registered as sex offenders in Orleans Parish are mandated to do so because of a SCAN conviction.

This law completely disconnects our women from what remains of a social safety net, making it impossible for them to recognize and develop their goals, dreams and desires.  That is why our women are calling it ‘NO JUSTICE.’  And it is their words that we have taken as our organizing call.

For more information on House Bill 141, please see this article in the Times-Picayune: http://www.nola.com/politics/index.ssf/2011/05/those_convicted_of_soliciting.html

We will continue to keep you updated in our work to bring justice to the women of Louisiana.

June 1st – HIV/AIDS Human Rights Training

On June 1st, Women With A Vision will be hosting an advocacy training on HIV/AIDS and Human Rights with our allies at WORLD (Women Organized to Respond to Life-threatening Disease) and U.S. Positive Women’s Network (PWN).

The training will include background information on the human rights framework, a human rights approach to advocacy, and discussion of specific policies and laws that affect women living with HIV in your community and ways to advocate for change.

There will be a maximum of 20 people. We would like HIV+ women advocates but also those who work for/with HIV positive women.  Participants should have some advocacy experience.  This is an intermediate training not Advocacy 101.

Click here to download the registration form!