Utah Supreme Court Upholds Licensing Laws for Escorts

Utah Supreme Court Upholds Licensing Laws for Escorts

SALT LAKE CITY — The Utah Supreme Court last week upheld laws requiring escorts and sexually oriented businesses to have licenses in every city they work in.

In a ruling handed down Thursday night, Utah’s top court sided with Salt Lake City prosecutors in an escort’s legal challenge to licensing requirements.

Karlie Kidd was cited by Salt Lake City police for not having a license when she showed up to the Grand America Hotel and met an undercover police officer. Kidd, however, was licensed in nearby Midvale City.

Because state law authorizes any municipality to impose licensing requirements on employees of sexually oriented businesses, the resulting regulatory scheme requires escorts to obtain licenses in each jurisdiction in which they seek to operate.

On appeal from her conviction, Kidd argued that the imposition of multiple licensing requirements violates her First Amendment and Equal Protection rights.

The Utah Supreme Court affirmed, holding that Kidd did not preserve her Equal Protection claim in the district court, and she did not adequately brief her First Amendment challenge on appeal.

Industry attorney Lawrence Walters told XBIZ that the take aways from the decision are as follows:

“Escort activity is legal and licensed in many U.S. jurisdictions. Escorts must follow all of the hyper-technical licensure requirements in each jurisdiction, or they risk prosecution for escorting without a license," Walters said.

“Next, in any constitutional challenge, the legal briefing is critical. All challenges must be supported by specific citation to case law and legal principles," he said.

“Also, the court did not resolve the merits of the constitutional challenges in this case, which leaves these arguments open for the next litigant. No ruling is better than a bad ruling, in a case like this," Walters said.

“Finally, many courts continue to be unreceptive to legal challenges brought by sex workers. Lawyers representing these clients are often held to a higher standard than the government.”

Walters noted that Kidd’s appellate attorney in the case likely met a stubborn legal panel.

“Andy McCollough is a fine lawyer who may have simply run into a hostile court,” Walters said.

View ruling

Copyright © 2024 Adnet Media. All Rights Reserved. XBIZ is a trademark of Adnet Media.
Reproduction in whole or in part in any form or medium without express written permission is prohibited.

More News

2024 XBIZ Europa Awards Categories Announced, Pre-Noms Now Open

XBIZ is pleased to announce the categories for the 2024 XBIZ Europa Awards, the capstone event of XBIZ Amsterdam.

Canadian Officials, Experts Lambast Anti-Porn Senator's Age Verification Bill

Canada’s privacy commissioner warned a parliamentary committee on Tuesday that the expansive age verification bill promoted by vocal anti-porn and anti-sex-work Senator Julie Miville-Dechênel has broad censorship implications and could end up applying to mainstream services such as Netflix.

FSC Director: New Tennessee Age Verification Law is 'Attack on 1st Amendment'

Free Speech Coalition (FSC) Executive Director Alison Boden called Tennessee’s new age verification bill, signed into law by Republican Governor Bill Lee on Tuesday, “an attack not only on the adult industry but on the First Amendment rights of millions of people who engage with adult content online.”

South Carolina Governor Links Age Verification Law, Trans Youth Care Ban

South Carolina’s Republican Governor Henry McMaster held a ceremony on Wednesday combining the signings of the state’s new age verification law for adult content and a controversial ban on gender affirming care for trans youth.

Violet Starr Headlines Seth Gamble's 'The Flower Witch'

Violet Starr headlines the latest release from reigning XBIZ Performer of the Year Seth Gamble's LucidFlix, titled "The Flower Witch."

Ameena Green Is Twistys' June 'Treat of the Month'

Ameena Green is Twistys' Treat of the Month for June and will be highlighted online throughout the month.

Maddy May, Katie Kush Topline Pat Myne's 'Anal for Days 2'

Maddy May and Katie Kush headline director Pat Myne's "Anal for Days 2," from Evil Angel.

'Porno Dan' Leal Spotlighted in New Feature in The Sun

"Porno Dan" Leal of Immoral Productions has been profiled in a new feature article in The Sun newspaper.

XBIZ Amsterdam to Take Over Park Centraal Hotel Sept 3-5

XBIZ is pleased to announce the return of Europe’s biggest gathering of creators, studio stars and digital media pros: XBIZ Amsterdam, set to take place Sept. 3-5.

Judge in Performers' Blacklisting Lawsuit Says Meta Policy Sounds 'Nefarious'

A California federal judge, overseeing a lawsuit claiming that Meta conspired with OnlyFans to blacklist rival premium fan platforms’ talent, said during a hearing Wednesday that the tech giant’s lack of archiving of its “Dangerous Organizations and Individuals” (DOI) list sounded “nefarious.”

Show More