Palma's new civic ordinance, which came into effect in May, is subject to certain legal challenges, one having to do with its provisions for street prostitution.
The basis for this is a court ruling from the time when Mateu Isern of the Partido Popular was mayor (2011 to 2015). This overturned a ban on prostitution in public spaces that the town hall had implemented. Stop Abolición, an association that opposes banning prostitution in Spain, has filed a challenge to the latest ban with the town hall.
Stop Abolición say they are systematically challenging all municipal ordinances in Spain that attempt to restrict prostitution. The main argument hinges on the fact that town halls are exceeding their powers. The Spanish legal system "does not prohibit the professional practice of prostitution on a self-employed basis".
"Town halls are not the place where laws are passed on fundamental rights and freedoms related to sexuality. We have no choice but to intervene in municipal matters. It is true that town halls have jurisdiction over the management of public spaces, but managing them is one thing and inventing fines for things that are not illegal is another."
Article 35 of the ordinance prohibits "directly or indirectly soliciting paid sexual services in public spaces when they violate the common use of this space and cause obvious degradation". For the association, this is "too ambiguous and will depend on police interpretation". "If you use the space appropriately and don't bother anyone, can you sell sexual services?"
Demanding sexual services is considered a serious offence in Palma, with fines ranging from 750 to 1,500 euros. The wording would allow only clients to be sanctioned, not prostitutes, but this is viewed as being problematic: "What it will do is move prostitution to more unsafe spaces and lead to greater precariousness and more violence. Clients are more nervous in their cars, and if they know they risk fines, they may demand that prices are lowered."