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erniefreeman's Blog

by erniefreeman from Memphis, Tennessee

Last Post 57 days, 19 hours Ago


     There's an old comic who would deliver this line and the crowd would erupt in laughter.  In Memphis, you can replace wife with car, but here's the thing, it's not a joke.  Local law enforcement types are seizing automobiles from "johns" who solicit prostitutes (actually undercover cops) for sex.  The law enforcement types say this is allowed under Tennessee law.  I'm no lawyer, but if a guy can lose his car because he and another consenting adult want to do the nasty (and I do mean nasty) somebody needs to take another look at that law.

     I mean, come on...why stop at seizing the guy's car.  Why not just take his house.  Force him to pay his student loans again.  Put his kids into the foster care system and compel his wife to marry his best friend.  Hey, if you're just coming up with arbitrary punishments, why not get creative.  Put some real teeth into that seizure law.  Or, take a look at the U.S. Constitution.  Remember that document?

     It's the one with the Bill of Rights and the 14th Amendment.  There's that pesky Article Six thing that makes the U.S. Constitution the Supreme law of the land and pretty much says States can't just come up with all kinds of crazy laws that are in conflict with the supreme law of the land...to put it in coffee table speak. 

     Legal Eagles, feel free to weigh in on this one.

     The 5th Amendment says we cannot be deprived of life, liberty or property without due process of law.  Local law enforcement types say we'll see about that.

     The 4th Amendment protects us from unreasonable search and seizure.  Local law enforcement apparently feels it's quite reasonable to seize a man's car because he has no "game" and wants to pay for a good time.

     The 8th Amendment prohibits the government's use of excessive bail and cruel and unusual punishment.  Does a car for a "proposition" seem a bit unusual to you.  It does to me.

     I know local law enforcement types want to appear tough on crime.  We can appreciate that.  But is locking up "johns" and taking their keys the way to go?

     This tactic has been tried in other states and has failed to put a dent into "the world's oldest profession."  I'm told a similar law was put on the books in Nevada.  Yeah, how's that working out? 

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crony_capitalist read my blog
Apr 27, 2008 | 6:31 PM

Police Gorilla tactics. Seize thievery. Excessive. Over reach. Unconstitutional. Might makes might. Gangsta.

I'm with you Ernie, this law needs to be challenged, and soon changed. I've listened to alot of commentary over this issue, and almost nobody in the community likes it or in principle agrees with it. I've heard people rail against crime, sexually transmitted disease, the johns, the pimps & prostitutes. Hate em all. Then terminate their rants by railing against Bill Gibbons & Director Godwin for executing and being proud of this policy of seizing the autos. The consensus opinion is that it is over reach. What they are doing may be "law", but it is being interpretted by people in the broader community like it's police misconduct.

If Bill Gibbons runs for governor, I'm holding this against him. Whomever the other guy is, will get it just because I hate abuse of power & unjust laws.

erniefreeman read my blog view my photos
Apr 27, 2008 | 6:58 PM

I've often wondered in the "tough on crime" context, if this kind of stuff sells. Godwin touts this bust as if the prostitution train stops right here and right now. Look, if you're going to trample on our constitutional rights, as some have suggested the use of this law does, why not target people who are selling drugs, breaking into homes, stealing cars and terrorizing neighborhoods. Seriously. If we're going to crack down on criminals, while toeing the Constitutional line, let's really crack down.

erniefreeman read my blog view my photos
Apr 27, 2008 | 7:01 PM

Don't we all feel safer now that those "johns" and prostitutes are off the streets? Oh, they've all bonded out?

SianSkye read my blog view my photos
Apr 27, 2008 | 7:43 PM

I'm gonna catch a lot of flack for this comment I know but here goes anyway....Legalize prostitution.

TruTigerGirl read my blog
Apr 27, 2008 | 9:51 PM

>>

Maybe not, but when the slope gets more and more slippery (as it has around here) isn't it about time that law enforcement does something about it? It isn't just a matter of a dude getting his rocks off with a gal. It's a gal he paid for sex. And it's illegal.

Nope, it didn't work out in Nevada and Sian is most likely correct in her estimation that prostitution should, indeed, be legalized; however, at this time it isn't.

Because it isn't, and because any number of things that happen in this city are illegal, the best thing for everyone is that law enforcement is tough where it is allowed to be tough.

It seems to me that the last thing people need to worry about is the constitutional rights of lawbreakers...but that's just me.

bubbah read my blog
Apr 27, 2008 | 10:34 PM

Just so you know, Ernie, prostitutes are connectd to more than just "Johns" there customers are: wanted felons, drug dealers, child porn purveyors, general perverts, rapists, and generally those without enough sense to know better, especially in Memphis where the hookers are so dang unhealthy, or just to stupid.
They don't just operate on Brooks Road, they operate in school areas, in front of churches, in front of elementary schools, on residential streets, and they don't just stay in one area, they like to move around, making neighborhoods unlivable.
Sometimes they have crack, pot, booze, heroin, coke, meth, and they wil sell that around those aforementioned areas too, another felony.
Their ever-so-friendly "pimps" sell drugs too, they beat their prostitutes in public sometimes, sell stolen cars which means a car must be stolen, and burglarize homes and since they don't place much value on human life, they are more likely to kill you if you are still home.
You can not have a law abiding safe city by allowing crime to continue or legalizing amoral behavior as an industry. Memphis has already tried that solution and that is why 3/4 of this city is what the rest of the nation would call a ghetto.
Maybe you like to sit back and laugh at all the things these criminals do to other people and the misfortune of others from your tower, but, it is real painful for those of us who have to deal with the aftermath and no, it is not even funny to us, and yes, there a lot more of us than there are of you.
We the people are through with watching our neighborhoods go down in va

bubbah read my blog
Apr 27, 2008 | 10:35 PM

value because of these people and stupid capitulation to crime, it has cost us more than the value of hundreds of thousands of cars right here in Memphis.
Don't forget it, Ernie, and we don't appreciate the making fun of a really big problem for those of us working to do better.

crony_capitalist read my blog
Apr 28, 2008 | 12:14 AM

@ SianSkye I'm with you. You say "legalize prostitution." I say "decriminalize" prostitution. Just as beer selling, liquor selling, drug selling is legal.

Place terms & conditions on it's practice & legality. Give the hookers full medical, dental. Regulate the industry. Test the sex workers. Tax the profits. Use the Amsterdam model. Just as everyone can't practice medicine, sell drugs, or sell liquor. Legal prostitution should work in a similar way. Anybody working outside the "district", or outside the scope of the law, should be busted. And we shouldn't conflate issues.

A drug addicted woman, selling sex for drug money is something else. An uneducated woman whose only skill is leg spreading is something else. A criminal enterprise, led by gangs, is something else. A john who likes crack whores because they are cheaper is something else. Hookers who drug & rob johns is something else.

Decriminalizing prostitution won't stop "something else". But it will affect the incarceration rates in this city. It will change the stigma associated with prostitution. And it will allow a place, or safe haven for people who have a need, or fetish for purchased sex. Alot of the cop dodging, corner hustling skanks would have to give it up, if there was a nice clean place where a man could be guaranteed to find authenticated, validated, trustworthy disease free hookers.

erniefreeman read my blog view my photos
Apr 28, 2008 | 4:18 AM

Yeah Bubbah, but is it really a big problem?

SianSkye read my blog view my photos
Apr 28, 2008 | 6:35 AM

Crony
"Place terms & conditions on it's practice & legality. Give the hookers full medical, dental. Regulate the industry. Test the sex workers. Tax the profits. Use the Amsterdam model. Just as everyone can't practice medicine, sell drugs, or sell liquor. Legal prostitution should work in a similar way. Anybody working outside the "district", or outside the scope of the law, should be busted. And we shouldn't conflate issues."

Exactly - I couldn't have put it better myself.

mskaytenn read my blog
Apr 28, 2008 | 8:30 AM

I have to agree with Ernie and others on this blog. I don't think that it should be against the law for someone to sell themselves, if they choose. I don't think it should be against the law for someone to purchase coochie, yes I said coochie,if they want..LOL! This is a personal choice, and who is the government to say what I do in my personal life? Prostitution is one of the oldest professions around, and will continue. Just months ago they shut down alot of hourly hotels, did this stop them...NO! We will have people to say this is morally wrong, this may be true in their eyesite, but not others. Not to mention that they are trying to put the strip clubs out of business, now they are trying to put the street walkers out. They will find a way.

bubbah read my blog
Apr 28, 2008 | 9:12 AM

Ernie,
HELL YES IT IS!, My god man, most of those girls that were arested come from backgrounds where their mom's were prostitutes, sisters too, they have a lot of children, if you go to the hospital right now and go to the ER or ICU, quite a lot of the homeless kids, kids with MAJOR abuse, multiple broken bones, burns, infant deaths, sexually abused children, children with gunshot wounds, and other severe injuries from proximity to areas where gang violence andprostitution is taking place, are children of prostitutes.
Better you should ask those kids, Ernie, whaddya say?
If you go on an economic standpoint, they don't have insurance, we pay for their medical care and super-multiple abortions ( some have had over 50!) and ALL of them are on the dole and crack and meth, making unreported money, and not managing it or anything else about their lives well, their kids don't do that well in school IF they attend, slowing classroom progress.
Yes, It is a collassal problem.
So, you ad the stolen vehicles, crack houses, neighborhood depreciation, supporting the worst gangs, effects of their presence, cost of keeping their health, their children's health costs, educational costs, adverse effects on economic health of the city, the public perception of Memphis being known as a "ho gettin city" A dunderheadedproposition, that'll get people known as "undesirables" to move here.
You only want to see the obvious parts and then push an agenda. The part you don't want to see is the bigger part of the problem and is a BIG reason your taxes are going up!
Better you should spen

bubbah read my blog
Apr 28, 2008 | 9:12 AM

spend it on rehabilitating these women after arrest.
Memphis doesn't register the words "effective rehabilitation" and it doesn't look for it outside it's box of familiar failures either. Look at you, trying to excuse crime, case closed.

bubbah read my blog
Apr 28, 2008 | 9:16 AM

Memphis already tried, "just not trying to do anything about crime" and what happened because of it was wanted felons from around the country were magnetized to the area. Also our crime rate went to the top of the list of undesirable places to live for violent crime, drugs, robbery, burglary, domestic violence, MURDER.
What, do you have the memory of a gnat?

crony_capitalist read my blog
Apr 28, 2008 | 9:19 AM

coochie.
I like coochie
in my mouth
I mean I like the way the word rolls around in my mouth.
off the tongue phonetically.
rhymes with smoochie & oochie & gucci.

mskaytenn: you said coochie.

mskaytenn read my blog
Apr 28, 2008 | 9:26 AM

LMAO, Crony, you are toooo funny!!

SianSkye read my blog view my photos
Apr 28, 2008 | 10:05 AM

lololol, oh my crony - on a roll, lolololol

Morning MsKay

SianSkye read my blog view my photos
Apr 28, 2008 | 10:06 AM

Prostitution is never going to go away. The best way to deal with it is to control it.

To the topic at hand tho - no, I do not feel like the MPD should be able to take their vehicles.

mskaytenn read my blog
Apr 28, 2008 | 10:15 AM

Morning Sian!!

mskaytenn read my blog
Apr 28, 2008 | 10:17 AM

How can you seize a vehicle for this petty crime? If you do so for this crime, why not do it for all others? I would like to see a copy of this law, and I would like to know who voted for it. I also would like to know when it went into effect.

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erniefreeman

Co-Host of the Emmy Award winning Good Morning Memphis on Fox-13, and a member of the Fox-13 News I-Team, I also make the best mac and cheese in the world. Just ask Valerie Calhoun. After an 18 month layoff, I resumed my golfing pursuits April 26th, 2008. I think I'm going to resume saying, "it is what it is." If I'm hanging out in Memphis I'm at Onix on Main Street and EP's Delta Kitchen on Beale Street. If you have a cell phone, I will send this text message: How about those New York Football Giants! all year long. I recently stopped drinking coffee, and life without it is fine.

Member Since: 10/3/2006