{"id":691,"date":"2019-05-06T23:18:29","date_gmt":"2019-05-06T23:18:29","guid":{"rendered":"https:\/\/nevadabrothelassociation.com\/?p=691"},"modified":"2019-06-19T18:55:30","modified_gmt":"2019-06-19T18:55:30","slug":"legislators-needs-to-protect-brothel-workers-from-this-dangerous-non-trivial-threatnow","status":"publish","type":"post","link":"https:\/\/nevadabrothelassociation.com\/legislators-needs-to-protect-brothel-workers-from-this-dangerous-non-trivial-threatnow\/","title":{"rendered":"Legislators Needs to Protect Brothel Workers from This Dangerous, \u201cNon-Trivial\u201d Threat\u2026NOW"},"content":{"rendered":"

(Chuck Muth)<\/em> \u2013 This is a long one, so grab a coffee refill before continuing.<\/p>\n

There\u2019s an obsessed man in Reno stalking legal sex workers – and the Nevada Legislature needs to stop him in his tracks\u2026now.<\/p>\n

ACR6 is a bill to study the \u201chealth and safety\u201d of commercial sex workers in Nevada\u2019s legal brothels over the next two years.<\/p>\n

But the safety of these workers, as you\u2019ll see detailed below, is at serious risk RIGHT NOW<\/u> – and legislators shouldn\u2019t wait two years to stop this man\u2019s predatory behavior.<\/p>\n

\"\"
Jason Guinasso<\/em><\/figcaption><\/figure>\n

I\u2019m talking about a creepy Reno lawyer named Jason Guinasso, who\u2019s been on an 18-month religious crusade to shut down the brothels.<\/p>\n

But it\u2019s a particular legal tactic he\u2019s using that jeopardizes the physical safety \u2013 and potentially the very lives<\/u> – of these women that the Legislature needs to address before the end of the session next month.<\/p>\n

And yes, it\u2019s serious enough to warrant an \u201cemergency\u201d exemption to bring a short, new statute amendment forward.\u00a0 Here\u2019s what it\u2019s all about\u2026<\/p>\n

For a year and half now Guinasso has been trying to force Lyon County to give him the full names and addresses of every legal sex worker in the county\u2019s four brothels, as detailed in a public record request he submitted to the Lyon County Sheriff\u2019s Office (LCSO) on December 1, 2017\u2026<\/p>\n

\u201cI write to request a copy of all applications for registration as a prostitute filed with the Lyon County Sheriff for the last 10 years.\u00a0 Please include all information on the application, including the address of the prostitute<\/u> (my emphasis) and all addresses of the prostitute for the preceding three (3) years.\u201d<\/em><\/p>\n

For what nefarious purpose he wants this information, we don\u2019t know.<\/p>\n

What we do know is what happened afterwards, thanks to a public records request of my own I filed a few weeks ago which turned up multiple, previously-unknown communications between Guinasso and the county.<\/p>\n

In a letter of response dated December 15, 2017, Lyon County District Attorney Steve Rye denied Guinasso\u2019s request.\u00a0 Some pertinent excerpts\u2026<\/p>\n

\u201cWhen there is no statutory provision that explicitly declares a record to be confidential, there still may be common law limitations that justify restricting disclosure based upon a balancing of the private and public interests involved. In this case the privacy and law enforcement concerns are significant.<\/em><\/p>\n

\u201cFirst, in order to work as prostitutes, persons are required to file the application.\u00a0 It is not a voluntary application with Lyon County.\u00a0 The Sheriff undergoes a criminal background check of applicants, and as a result, applicants provide social security numbers, aliases, addresses for the last three years, alien registration number or passport number and other personal information, including tattoos, piercings and major scars.<\/em><\/p>\n

\u201cThe applicant is also required to provide emergency contact information, and the name and contact information is often provided without that person\u2019s knowledge.\u00a0 The applicant also lists the criminal history, information which is generally viewed as confidential.<\/em><\/p>\n

\u201cThis is all private information that should not be shared with the public.\u00a0 Similar information is provided by gaming employees and such information should also be kept confidential.<\/em><\/p>\n

\u201cLaw enforcement reasons also justify keeping the applications confidential.\u00a0 Legal prostitution is highly regulated in Lyon County.\u00a0 The names and identities of the workers needs to be protected so that customers and others are not able to identify addresses and other information for the prostitutes without their consent or knowledge.<\/em><\/p>\n

\u201cProstitutes are more likely to be victims of crime<\/u> (my emphasis) in many instances.\u00a0 People may look up names and seek to contact those applicants at their residence.\u00a0 This could lead to an increase in crime and a threat to the workers.\u00a0 Release of the applications would likely subject the applicants to an unreasonable risk of harm.\u00a0 Confidentiality of the identity of these applicants is paramount.\u201d<\/em><\/p>\n

Bravo to Mr. Rye.\u00a0 But Guinasso didn\u2019t give up. As I said, he\u2019s obsessed.<\/p>\n

In a letter of response dated June 8, 2018, Guinasso wrote that \u201cwe believe your office has erred in denial of production of the requested records,\u201d arguing that the DA\u2019s concern for the safety of sex workers was \u201cconjectural at best.\u201d<\/p>\n

But Mr. Rye stood by his decision and did not provide the records.\u00a0 So Guinasso did what people like Guinasso do when they don\u2019t get their way: He filed a lawsuit.<\/p>\n

On August 9, 2018, Guinasso sued Lyon County, arguing that Mr. Rye and the county \u201chave no basis\u2026to withhold the requested records.\u201d<\/p>\n

In a follow-up letter dated August 16, 2018, Lyon County Administrative Director Michael Carlson provided a cost estimate for providing copies of the work applications with all personal, private information REDACTED<\/u> (blacked out).<\/p>\n

\u201c(W)e estimate the cost to be not more than $3,777.00,\u201d Mr. Carlson wrote.\u00a0 \u201cThe final product will involve redacting the following information: social security number, passport number, and\/or alien registration number, date of birth, and emergency contact number.\u201d<\/em><\/p>\n

Guinasso had a cow\u2026and not just because he had only offered to pay up to $45 for the cost to provide the records.<\/p>\n

In a letter to Mr. Carlson dated September 12, 2018, Guinasso again claimed the DA\u2019s office had \u201cerred,\u201d arguing that the applications \u201ccannot be reasonably construed to fit the definition of a confidential record.\u201d<\/p>\n

\u201cThis office again requests to inspect all applications for registration as a prostitute filed with the Lyon County Sheriff for the last ten years pursuant to Lyon County Code 5.03.14.\u00a0 Please include all information on the application, including the name, date of birth, social security number, passport number, alien number, address, and all addresses of the applicant for the preceding three (3) years.\u201d<\/em><\/p>\n

In an email dated September 19, 2018, Mr. Rye gave Guinasso a short answer\u2026<\/p>\n

\u201cYour assertion that social security numbers are not confidential is contrary to Nevada and federal law.\u201d<\/em><\/p>\n

I\u2019m no lawyer, but even *I* know that.<\/p>\n

However, like Captain Ahab obsessively pursuing Moby Dick, Guinasso continued his pursuit.<\/p>\n

And then a strange and alarming thing happened\u2026<\/p>\n

On November 13, 2018 – just a week after an anti-brothel advisory question was crushed in Lyon County, 80-20 percent, and Lyon County Sheriff Al McNeil, who was a secret funder of Guinasso\u2019s ballot question, was defeated for re-election – Mr. Carlson flip-flopped and sent the following email to Guinasso\u2026<\/p>\n

\u201cBased on discussions with Sheriff McNeil, we want to offer this option for your records request.\u00a0 Your request asked for 10 years\u2019 worth of records; however, we would like for you to consider revisiting your request to records since 2012.\u00a0 If this is agreeable, we will not only go ahead and process your request, but do it at no cost to you.\u201d<\/em><\/p>\n

What the\u2026?<\/p>\n

\u201cThis is a reasonable resolution,\u201d Guinasso emailed back later that afternoon.\u00a0 \u201cWe accept your proposal.\u201d<\/em><\/p>\n

To which Mr. Carlson replied\u2026<\/p>\n

\u201cThank you, sir.\u00a0 We will begin the processing this week and will possibly have it to you by the end of the next week.\u201d<\/em><\/p>\n

In return, on December 6, 2018, Guinasso withdrew his lawsuit.<\/p>\n

But in a letter dated December 20, 2018, Mr. Rye over-ruled Mr. Carlson\u2019s offer to provide the records at no cost, arguing that certain personal and private information HAD<\/u> to be redacted so that \u201cthe records will contain no information to identify the individual applicant.\u201d<\/p>\n

Mr. Rye then went to additional great lengths to explain WHY<\/u> this information on brothel workers must be protected\u2026<\/p>\n

\u201cOften times, these workers do not want others to know their identity for protection.\u00a0 Prostitutes are more likely to be victims of crime<\/u> (my emphasis), including sex trafficking, sexual assault and other serious crimes.<\/em><\/p>\n

\u201cProstitution continues to have negative connotations in society. \u2026 Release of the names and contact information for the prostitutes would not only threaten their safety<\/u> (my emphasis) because of the risk of Johns or others trying to track them down outside of the legal brothel, but it would also expose these women to shame, ridicule, stigma and backlash from the community from their employment as prostitutes.<\/em><\/p>\n

\u201cThis is a nontrivial privacy interest that the County must consider.\u00a0 For these reasons, the Sheriff has determined it is necessary to redact all information but the date of application.\u201d<\/em><\/p>\n

Threaten their safety.\u00a0 Expose them to public shame and ridicule.\u00a0 Nontrivial.\u00a0 Strong, valid reasons, indeed.<\/p>\n

What is unclear here, though, is whether or not the sheriff referenced by Mr. Rye was the old sheriff – McNeil, who lost his bid for re-election – or the new sheriff who was elected in November to replace him.<\/p>\n

In any event, Guinasso was having none of it.<\/p>\n

In a letter dated February 1, 2019, Guinasso wrote that \u201cwe believe your office has erred in its decision to renege the previously agreed upon terms of disclosure of the requested records.\u201d<\/p>\n

He continued\u2026<\/p>\n

\u201cAs you are already aware, this office has withdrawn a complaint filed in District Court based on representations by LCSO Administration Director, Michael Carlson, that the requested records would be produced.\u00a0 Please provide the requested records, or the records offered by M. Carlson on November 13, 2018, WITHIN 5 DAYS<\/u><\/strong> (his emphasis) or this office will file for relief from the District Court.\u201d<\/em><\/p>\n

Responding to Guinasso\u2019s latest threat, Mr. Rye fired back in a letter dated February 13, 2019\u2026<\/p>\n

\u201cAfter careful review, our office has determined the Lyon County Sheriff\u2019s Office is not obligated to release these records to you.\u00a0 Pursuant to your public records request for the same information, the Sheriff\u2019s office has mailed you a redacted report summarizing the past three years of work card applications, including the first name of the applicant, the date of the application, and the agency issuing the work card.\u201d<\/em><\/p>\n

While a redacted report is certainly better than providing full unredacted copies of the applications, this concession in releasing first names of brothel workers is still cause for concern.\u00a0 It\u2019s a potential \u201ccamel\u2019s nose under the tent.\u201d<\/p>\n

Mr. Rye then proceeded to cite a 2016 \u201cbalancing test\u201d court decision which determined that \u201cexotic dancers could use pseudonyms (stage names) and granted a protective order regarding disclosure of their true identities.\u201d<\/p>\n

Mr. Rye\u2026<\/p>\n

\u201c(The court) considered a balancing of interests of the dancers\u2019 privacy and threatened harm, with the potential prejudice and public interest in open courts, in deciding whether pseudonymity could be granted.\u00a0 The court concluded that \u2018the dancers have expressed legitimate privacy and social stigma concerns, and reasonable concerns that disclosing their identities would expose them to harm.\u2019<\/em><\/p>\n

\u201cSimilarly, release of identifying information of brothel workers create the same if not more legitimate concerns of privacy, social stigma, and threats of harm.\u00a0 The personal privacy interest in this public records request, therefore, is nontrivial and significant.\u201d<\/em><\/p>\n

Mr. Rye continued\u2026<\/p>\n

\u201cSecond, your public records (request) does not assert a public interest other than a \u2018public right to access.\u2019 \u2026\u00a0 <\/em><\/p>\n

\u201cThe fact that you are seeking the records \u2018pursuant to an investigation in anticipation of litigation\u2019 does not provide any insight into the public interest you think is significant nor how release of the records would advance the interest.<\/em><\/p>\n

\u201cIn this case, the nontrivial risk of an increase in crime or harm to the applicants greatly outweighs the public interest asserted.\u201d<\/em><\/p>\n

That\u2019s the last communication I received as part of my public records request.\u00a0 But based on past history and previous behavior, it\u2019s reasonable to assume Guinasso has or will continue his obsessive pursuit.<\/p>\n

And while Mr. Rye has been a mensch thus far in protecting the safety and privacy rights of brothel workers, that\u2019s not to say another DA in another county would do the same under similar circumstances if Guinasso moves his \u201cgreat white whale\u201d pursuit outside Lyon County.<\/p>\n

Nor does that mean a judge won\u2019t interpret the situation differently from Mr. Rye should a Guinasso lawsuit reach his or her court.<\/p>\n

Indeed, as Mr. Rye noted in his very first response to Guinasso\u2019s request, \u201cthere is no statutory provision that explicitly declares\u201d brothel worker applications \u201cto be confidential.\u201d<\/p>\n

And that\u2019s what legislators need to fix before adjourning.<\/p>\n

All the Nevada Legislature needs to do is amend the current public record statute to explicitly declare that the work card applications for commercial sex workers in Nevada\u2019s legal brothels are confidential, just like gaming employees.<\/p>\n

That would put an immediate end to Guinasso\u2019s crusade in Lyon County and prevent him from expanding it into other counties.\u00a0 It would also remove a \u201cgray area\u201d in law that could potentially result in a court overruling District Attorney Rye.<\/p>\n

Guinasso\u2019s obsessive fishing expedition poses an immediate and ongoing danger to the health and safety of the women working in legal brothels.\u00a0 It\u2019s a threat that legislators should eliminate now – while they\u2019re still in session \u2013 not wait for the completion of a two-year study.<\/p>\n

So let it be written; so let it be done.<\/p>\n

Mr. Muth is president of Citizen Outreach, a limited-government grassroots advocacy organization.<\/em><\/p>\n

 <\/p>\n<\/span>","protected":false},"excerpt":{"rendered":"

(Chuck Muth) \u2013 This is a long one, so grab a coffee refill before continuing. There\u2019s an obsessed man in Reno stalking legal sex workers – and the Nevada Legislature needs to stop him in his tracks\u2026now. ACR6 is a bill to study the \u201chealth and safety\u201d of commercial sex workers in Nevada\u2019s legal brothels […]<\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_genesis_hide_title":false,"_genesis_hide_breadcrumbs":false,"_genesis_hide_singular_image":false,"_genesis_hide_footer_widgets":false,"_genesis_custom_body_class":"","_genesis_custom_post_class":"","_genesis_layout":"","footnotes":""},"categories":[1],"tags":[],"yoast_head":"\nLegislators Needs to Protect Brothel Workers from This Dangerous, \u201cNon-Trivial\u201d Threat\u2026NOW - Nevada Brothel Association<\/title>\n<meta name=\"robots\" content=\"index, follow, max-snippet:-1, max-image-preview:large, max-video-preview:-1\" \/>\n<link rel=\"canonical\" href=\"https:\/\/nevadabrothelassociation.com\/legislators-needs-to-protect-brothel-workers-from-this-dangerous-non-trivial-threatnow\/\" \/>\n<meta property=\"og:locale\" content=\"en_US\" \/>\n<meta property=\"og:type\" content=\"article\" \/>\n<meta property=\"og:title\" content=\"Legislators Needs to Protect Brothel Workers from This Dangerous, \u201cNon-Trivial\u201d Threat\u2026NOW - Nevada Brothel Association\" \/>\n<meta property=\"og:description\" content=\"(Chuck Muth) \u2013 This is a long one, so grab a coffee refill before continuing. 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There\u2019s an obsessed man in Reno stalking legal sex workers – and the Nevada Legislature needs to stop him in his tracks\u2026now. 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