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League of Women Voters of California Education Fund
City of Berkeley
Citizen Initiative - Majority Approval Required
18,504 / 36.5% Yes votes ...... 32,208 / 63.5% No votes
Index of all Measures
|Results as of Dec 15 1:28pm, 100.0% of Precincts Reporting (88/88)|
|Information shown below: Impartial Analysis | Arguments | Full Text|
Shall an ordinance be adopted to: 1) make enforcement of prostitution laws the lowest priority; 2) oppose state laws making prostitution a crime; and 3) require semi-annual reporting of prostitution-related Berkeley Police Department law enforcement activities? Financial Implications: Possible increases in law enforcement costs as a result of potential increase in prostitution-related crime and increased reporting requirements.
s/MANUELA ALBUQUERQUE, Berkeley City Attorney
|Arguments For Measure Q||Arguments Against Measure Q|
|- Stop violence against women. Did you know that the number one cause of death for prostitutes is homicide? Prostitutes are extremely vulnerable targets for rape, robbery and murder. These crimes go largely underreported because of current prostitution laws. Protecting prostitutes doesn't mean condoning prostitution; it means equal protection under the law and safer streets for everyone.|
- Improve public health. Condoms are currently used as evidence of a crime against prostitutes. Laws should encourage condom use as they saves lives and protects everyone's health. Regulating prostitution decreases incidence of HIV, AIDS and STD's.
- Improve public safety by focusing on violent and serious crime. Redirect valuable police resources, in the process empowering women to fight sexual slavery. Trafficking and slavery are easier to detect when prostitution is regulated.
- Education not incarceration. According to estimates Berkeley spends nearly $1,000,000.00 annually on prostitution enforcement. We need to redirect funds toward health services and job training to create options and opportunities for prostitutes. Criminal records make transitioning out of prostitution very difficult.
Putting women in jail doesn't stop prostitution. Prosecution is no solution to controlling prostitution.
Join State Senator John Burton, Alameda County Supervisors Keith Carson and Nate Miley, Former S.F. District Attorney Terence Hallinan and the Alameda Co. Green Party leading the way toward more humane, effective policy in their support of this ground breaking initiative.
Don't Forget: Great Change Begins in Berkeley. Vote YES on Measure Q
s/AVAREN IPSEN, Ph.D. Candidate (G.T.U.) and Berkeley Commission on Status of Women
Street prostitutes are exposed to dangerous exploitation, physical abuse, drug addiction, and HIV. This is what motivated the well-intentioned supporters of this measure to place it on the ballot. But reduced enforcement against street prostitution will not accomplish their goals.
If passage of one simple ballot measure could end violence against women, improve public health and safety, and substitute education for incarceration, we'd have passed it long ago.
Much deeper reform is needed. And that is a tall order that reduced enforcement will not achieve.
Instead, reduced enforcement will expose our children to more open sex acts in cars and alleys, more used condoms and needles littering their streets. This really happens in Southwest Berkeley neighborhoods.
Reduced enforcement will increase street prostitution and only make it easier.
Thanks to Berkeley's successful Options Recovery Program, some street prostitutes have a choice: the courts can say "enter the Options program or go to jail." The program often leads to meaningful work, clean and sober living, reunion with families - a wonderful thing to witness. Only judges' orders keep clients in the program and only enforcement produces those orders.
Supporters mistakenly claim that funds can be switched from police to health care, but Berkeley must pay the same number of police no matter what they do. This measure spotlights the horrors of street prostitution but it doesn't advance the goals of safe sex-work. It doesn't make street prostitutes or neighborhoods any safer.
PLEASE VOTE NO ON MEASURE Q.
s/MAUDELLE SHIREK, Vice-Mayor, City of Berkeley
|VOTE NO ON MEASURE Q
Street prostitution is nothing to celebrate. Prostitutes, often among the most vulnerable people in our society, risk violence, exploitation, sexually transmitted disease, and drug addiction. Shelter and drug counselors report that children as young as 12 are being recruited into prostitution.
Berkeley is a humane city. We recognize that consenting adults should be free to engage in sexual activity without harassment. We sympathize with the plight of street prostitutes. We want to ensure that they are not forced into prostitution through desperation and that they have other options. This simplistic measure does not accomplish that. Instead, it weakens the one vehicle we have for getting people help and into programs: the courts. We need to strengthen these programs and create protections for prostitutes. This measure does nothing more than ask us to look the other way.
Measure Q does not improve the appalling conditions that entrap prostitutes and is bad for Berkeley. Because this measure qualified for the ballot, CNN and other TV stations carried the story that Berkeley allows prostitution. Our Police Chief has since reported a marked increase in prostitution along San Pablo, west Berkeley neighborhood streets, and on University Avenue. South Berkeley neighborhoods, deluged by open sexual acts near homes and schools (including the Center for the Education of the Infant Deaf and the East Bay French American School) in cars and on porches, report that condoms and needles litter their sidewalks.
As Oakland cracks down on prostitution, Berkeley appears to be opening its arms. This measure sends the message that exploitative, dangerous street prostitution is acceptable in Berkeley. It weakens our existing court diversion program. It sends the wrong message for sex workers, for our children, and for Berkeley.
Measure Q is not for Berkeley. VOTE NO ON MEASURE Q
s/REV. GEORGE CRESPIN, Pastor, St. Joseph the Worker Church
- Encourage statewide reform. Angel's Initiative will help create a favorable political environment for changing state prostitution laws; however it won't stop police from responding to neighborhood complaints or enforcing state laws.
- Regional approach to prostitution. Berkeley won't be alone as we join the international ranks of humane leadership on the issue of prostitution. The U.K., Canada, New Zealand, Australia, the Netherlands, Germany and Nevada have already realized the law enforcement approach is harmful and ineffective. Let's work toward a regional approach with Oakland and San Francisco.
Don't Look the other way, look another way at this issue. Angel's Initiative puts Berkeley in a leadership role to stop violence against women and enhance public health in our communities. It's time we increased the value placed on women's lives, take the time and work together to create real solutions not temporary ones. Focus on Problems not Prostitutes.
Please join State Senator John Burton, Alameda County Supervisors Keith Carson and Nate Miley, Former S.F. District Attorney Terence Hallinan, the Alameda Co. Green Party, Dean of the Pacific School of Religion, Delwin Brown and Berkeley Physician Dr. Frank Lucido laying the groundwork for meaningful social change in California.
Vote YES on Measure Q
Visit www.swop-usa.org or call 1-877-776-2004 for more info.
Great Change Begins in Berkeley!
s/YING LEE, Former Councilmember, City of Berkeley
|Full Text of Measure Q|
|INITIATIVE ORDINANCE TO MAKE ENFORCEMENT OF STATE PROSTITUTION LAWS THE LOWEST PRIORITY; OPPOSE STATE LAWS MAKING PROSTITUTION A CRIME; AND REQUIRE SEMI-ANNUAL REPORTING OF PROSTITUTION-RELATED LAW ENFORCEMENT ACTIVITIES BY BERKELEY POLICE DEPARTMENT
Shall the City of Berkeley help stop violence against women, demand that the State of California repeal laws that prohibit private consensual adult sexual behavior and that treat women unfairly, make enforcing those laws a low police priority, and cease wasting vital funds?
WHEREAS, Persons should never be forced into having sex or doing any other act against their will, whether by force or fraud, and whether they are adults or children.
Chapter 12.27 "Angel's Initiative"
The ordinance codified in this chapter will: A. Decrease tensions between the police and members of the community who are made to feel like criminals as a result of engaging in consensual adult sexual activity in private; B. Require the Police Department to submit semi-annual reports on the amount of arrests made by law enforcement in Berkeley; C. Instruct the City government to support efforts toward the statewide repeal of prostitution laws.
12.27.030 Efforts to decriminalize prostitution in California. It is the desire of the people of Berkeley that laws prohibiting or regulating private consensual sexual activity between or among adults be repealed in California. In this context, the people of Berkeley fully support the present statewide efforts to repeal prostitution laws. The City Council is directed to lobby in favor of the repeal of these laws.
12.27.040 Law enforcement priority of prostitution statutes. The City Council shall seek to ensure that the Berkeley Police Department gives lowest priority to the enforcement of prostitution laws. If other portions of the Berkeley Municipal Code require "lowest priority" enforcement levels, such as the enforcement of marijuana laws, this section shall not be construed to elevate enforcement efforts against those acts. Instead, this section shall be interpreted to require equally low priority for the enforcement of "lowest priority" acts.
12.27.050 Berkeley Police Department reporting requirement. The City Council shall ensure that the Berkeley Police Department reports semiannually to it and the Berkeley Police Review Commission regarding all prostitution law enforcement activities, if any, engaged in by the Berkeley Police Department, and by county, state, and federal, and/or other law enforcement agencies within Berkeley.
12.27.060 Severability. If any provision of this ordinance, or the application of such provision to any person or circumstance, shall be held invalid by any court, the remainder of this ordinance to the extent that it can be given effect, or the application of such provision to persons or circumstances other than those as to which it is held invalid, shall not be affected thereby, and to this end the sections of this ordinance are severable.
BE IT FINALLY RESOLVED, that the City Clerk is directed to transmit this resolution to all City departments, the courts, the Governor and the Attorney General of the State of California, to all members of the California Congressional delegation, the United States Attorney General, and the President of the United States of America.