Legal Question in Business Law in Missouri

Why is it that the only legal brothels are in Nevada? Would it be possible to attempt to legalize prostitution in Missouri? Where would you start?


Asked on 8/18/10, 7:52 am

1 Answer from Attorneys

Edward Hoffman Law Offices of Edward A. Hoffman

You can attempt to legalize prostitution anywhere, but few jurisdictions would seriously consider doing so.

There are a few ways to go about this. The first way is to find a legislator who is willing to sponsor a bill that makes prostitution legal. The bill would probably also have to set limits on who could be a prostitute and under what conditions; this could make it rather complex. Finding one legislator willing to do this will be tough. Getting a majority of both houses to go along with it will be harder. Even then, you will still have to either get the governor's signature or have enough legislative support to override a veto.

The second approach you could try is to bring a lawsuit challenging the constitutionality of the existing ban. The odds of winning such a lawsuit are extremely small.

In some states, you can also try to legalize prostitution via a ballot initiative. Offhand I don't know whether Missouri allows ballot initiatives or how you would start the process. But starting the process would be the easy part. The hard part would be persuading a majority of the state's voters to go along with you.

Finally, you can try to have your state constitution amended to allow prostitution. I don't know how this would be done in Missouri, but it would almost certainly involve persuading most of the legislators to support your proposal. As I stated earlier, this seems unlikely to succeed.

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Answered on 8/23/10, 10:41 am


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