Temporary prostitution-free zones — areas where those engaged in prostitution can be subject to higher fines — went into effect Jan. 23 in Prince George’s County, but a proposal for permanent zones on the Washington, D.C., line spur some to wonder whether the effort will lead to gender and racial profiling.

“The only concern — and we're looking at ways to fix that in regards to the constitutionality issue — is the officers will have to prove the intent to solicit,” said Ward 7 Washington D.C. City Councilwoman Yvette Alexander. “Let's face it. There are some pretty strong indicators that you intend to do what you intend to do.”

Last week, the D.C. City Council held a hearing to get input from Prince George's County and District residents after Alexander — whose ward borders Prince George’s County’s Eastern Avenue corridor — proposed permanent prostitution-free zones, amending 2006 legislation that allows for temporary 20-day periods where Metropolitan Police officers can arrest people involved in prostitution or prostitution-related offenses if they do not heed the first warning to stop, resulting in a $300 fine, six months in jail or both, the 2006 D.C. law states.

Fairmount Heights resident Andina Keith, who testified at the hearing Jan. 24, said she has seen an increase in enforcement under Prince George's County Police Chief Mark A. Magaw.

"I was in favor of the legislation because it would assist Prince George's County, because the prostitution occurs in D.C., and the people across the border engage in these behaviors," Keith said. "That was the benefit that I saw in that legislation."

According to the Prince George's County's law, a prostitution-free zone can last no more than 20 days, and anyone who conducts illicit activity in the zone can face up to six months in jail and a $1,000 fine.

Prince George’s County Councilwoman Andrea Harrison (D-Dist. 5) of Springdale introduced the county's legislation, which passed in November, in response to the prostitution on Eastern Avenue near Fairmount Heights. Harrison could not be reached immediately for comment Monday.

County officials did not have information by press time regarding prostitution arrests since 2011.

Cyndee Clay, executive director of the District-based nonprofit Helping Individual Prostitutes Survive, attended the Jan. 24 public hearing and said she was pleased with the dialogue but is concerned such a zone could lead to gender and racial profiling, particularly for the transgendered community.

Her nonprofit has a van that goes to areas known for prostitution — including the Eastern Avenue corridor on a weekly basis — to hand out condoms and give information about HIV prevention and social service resources.

Clay said she would like to see more money poured into programs that change people's lives instead of toward more enforcement.

HIPS ran a diversion program, which counseled sex workers to diagnose any problems that led to them being on the streets, in 2009 and 2010 to keep them out of the justice system, but the program did not receive funding in 2011 or 2012 from the Washington, D.C., government's Justice Grants Administration to continue.

The program assisted a combined total of 40 people in 2009 and 2010 with a 10 percent rearrest rate, Clay said.

"You didn't have to be arrested to go through the program, but it was one way to keep people from being continually re-incarcerated for the same issue," Clay said.

When the issue of whether it was constitutional for police to do this type of enforcement, Alexander said police officers will have to prove there was an intent to solicit someone for sex activity. A date has not been scheduled yet vote on the amendment in the District, she said.

"People are arguing it's somebody's constitutional right to congregate, to be out on the street, to hail down a ride from a friend or what have you, but our police department is pretty adept on knowing who these persons are and what are the indicators of their illegal activity," Alexander said Friday.

Fairmount Heights Police Chief Donoven Brooks, one of two full-time town officers in addition to the part-time police officer, said he sees county police officers on the corridor every day. He said arrests for prostitution lead to reductions in other crimes, such as petty theft and breaking and entering into vehicles.

Brooks said there has been a decrease in the activity since the announcement that prostitution-free zones were coming to Prince George's County.

"Prostitution is against the law, and it's our responsibility to enforce the law, and if a law is being broken and the activity becomes so pervasive that legislation needs to be submitted, then as law enforcement we're in support of legislation that helps to eradicate criminal behavior and eliminate illegal activity," Brooks said.

nmcgill@gazette.net