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Overturn Utah’s Brothel Laws

By Funded Justice

Created 248 | Supported 671

16 of 25



Social Reach


Ended 02/03/2023

"Start A #brothel in #Utah, But How If It's #Illegal? #FundedJustice"

— Funded Justice and
other supporters

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I have found that an aspiring affirmation can only do so much, but I have also found that touches of intimacy can save lives.

I was born with a facial paralysis that doesn't really hinder me, but it makes me appear odd to others and therefore have been unable to date women. I soon found the Moonlite Bunny Ranch, a legal brothel in Nevada, and it helped me so much emotionally and sensually. My first kiss was in a brothel and it's true what they say: sparks do fly with the first kiss!

As much as I loved going to Nevada, it soon became an undue burden (8 hour travel by Amtrak) and I saw problems with the brothels that I didn't agree with -- I knew I could start my own brothel here in Utah, though, how would I be able to do such a thing when it's illegal?

I decided to follow the law. On December 28, 2015, I registered my proposed brothel (The Mile High Neon) with the State of Utah in hopes of obtaining a license and then planned on going to the legislature to show them and somehow convince the legislators to work with me. I believed I could honestly do it. I followed the steps other Sexual Oriented Businesses register their businesses. I was approved after doing the process online and then proceeded with the city application and the Sexual Oriented Business Application. A week and a half later, I received a letter in the mail from the Department of Commerce. They had discovered what I had registered and they "effective immediately cancelled" my business registration.

Having my registration denied (after it was registered -- due to the state's carelessness), caused me harm in a few ways and gave me standing: they told me the exact law that was prohibiting my brothel (UT 47-1); it quashed my efforts to try getting a license to show the legislature. I have standing to challenge the laws as I made my best sincere effort to get a license and the state stepped in my way. I just truly want to help people. I have a facial paralysis and it has been difficult for me to date regular women. I was also fired from my law firm because of rumors stemming from this (I'm a paralegal). I also spent money on the registration fees of which I never was refunded which is the least of my worries.


So I am doing an As Applied Challenge to the laws prohibiting brothels which are: 76-10-1301-1308; 47-1; and 10-8-41. I am arguing that denying a license for a brothel does not a have a rational basis and violates my 1st amendment rights as I am free to believe in the legalization of prostitution, but am denied of my right to create "an association" as promised in the 1st amendment. Agency for International Development v. Alliance for Open Society International (2013) supports the first step of this (Congress couldn't suppress funding to NGOs who wanted to help those in prostitution).

It also violates my 14th amendment rights as since I have a disability, I can't find partners. I am coerced by the laws to "flee" my home to go to a different state (Nevada) where it's legal or I face the threat of prosecution. Justice Scalia in Lawrence v. Texas (2003) said that that case "called into question" the laws surrounding prostitution and same sex marriage. Now look: same sex marriage is now legal.

The laws also violate the Utah Constitution: Article 12, Section 7 which states that Utah is a "free market". Denying my business is not a free market especially when there is tax on other SOBs. It's a hypocritical law really and there is no rational basis. Nevada has shown that it can be run safely.


Andrew McCullough:

I have found a very skilled lawyer who has successfully challenged cases similiar to mine. For instance, he made it legal for escorts to touch clients in Utah after successfully challenging the law as unconstitutional. My case is now like five steps above that. It's ambitious, but I feel that the social climate has made my case ripe. I also have standing. Those two aspects are needed in challenging laws.

Canada -- our neighbor -- successfully overturned their laws in 2013 after it was challenged by prostitutes who claimed that banning brothels was unconstitutonal -- same concept as mine. Why this is important is because our two countries are both common law systems: we have legislatures that create laws and judges who, when challenged, determine if the laws are constitutional. Some of the Utah prostitution laws haven't been challenged since the 1950's and before. A lot has happened since then!

Since I'm a paralegal, I even said I would do a lot of the substantive work (research, etc) which would save me money.


For him to represent me, he is asking for a five thousand dollar retainer fee. I work two part time, decent paying jobs and it will take a while for me to save up that money. That's why I wanted to do a crowdfunding because this law is affecting me and I want to help others.


EVERYBODY should havfree to have sex and intimacy in a legal, safe place. This law is affecting you just as much as it is affecting me. This isn't a selfish request for a donation. If I could succesffuly do this, as I have really good arguments, and it went to the Supreme Court and they sided with me: all of the brothel laws across the country would be invalidated.

If you believe in consenting adults having the right to privacy in a regulated place then you should donate.

I would appreciate all and any donations immensely.

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Created on 2023-01-20 11:42:40