Big Apple Oriental Tours
Encyclopedia
Big Apple Oriental Tours is a travel agency based in New York
that is at the center of a campaign against sex tourism
operators in the United States
.
The company was founded in 1993 and offers all-inclusive trips to Thailand
, the Philippines
and Cambodia
"for the single male.” Their advertising brochures highlight the erotic atmosphere and easy availability of women in these regions. Tour guides would meet the men upon arrival, explain everything, and transport them to the local bars and brothels.
Since 1996, the New York based human rights and feminist group Equality Now
has lobbied the local District Attorney to take action against the company, complaining about promotion of prostitution and possible exploitation of minors. The District Attorney declined to prosecute in 2000, stating that the alleged acts did not occur in New York and were thus beyond the reach of state law. Supported by Gloria Steinem
and Congresswoman Carolyn B. Maloney
, Equality Now then contacted State Attorney General
Eliot Spitzer
in 2002.
In response to lobbying by these groups, the first legal action in the U.S. against a business of this type was initiated: Spitzer filed a civil suit against Big Apple Oriental Tours and obtained a restraining order in July 2003, in effect preventing the company from advertising.
Spitzer then made two unsuccessful attempts to charge owners Norman Barabash and Douglas Allen with promoting prostitution. (New York state penal code 230.25(1) defines promotion of prostitution, in part, as running a business that involves prostitution activity by two or more prostitutes http://wings.buffalo.edu/law/bclc/web/NewYork/ny3(a)(2).htm.) The Attorney General's office obtained the first indictment of Barabash and Allen in February 2004. The case was dismissed in August 2004, because the grand jury
had been presented with hearsay
evidence and because the judge did not find the law applicable. The dismissal was upheld on appeal based on the hearsay argument. The case was returned to the grand jury and Barabash and Allen were indicted for the same crime again in October 2005. These charges were dismissed in January, 2006. The court held that according to the evidence, "What the tour customer did when he arrived at the location is not part of the Big Apple Oriental Tours enterprise."
New York
New York is a state in the Northeastern region of the United States. It is the nation's third most populous state. New York is bordered by New Jersey and Pennsylvania to the south, and by Connecticut, Massachusetts and Vermont to the east...
that is at the center of a campaign against sex tourism
Sex tourism
Sex tourism is travel to engage in sexual activity with prostitutes.The World Tourism Organization, a specialized agency of the United Nations, defines sex tourism as "trips organized from within the tourism sector, or from outside this sector but using its structures and networks, with the primary...
operators in the United States
United States
The United States of America is a federal constitutional republic comprising fifty states and a federal district...
.
The company was founded in 1993 and offers all-inclusive trips to Thailand
Thailand
Thailand , officially the Kingdom of Thailand , formerly known as Siam , is a country located at the centre of the Indochina peninsula and Southeast Asia. It is bordered to the north by Burma and Laos, to the east by Laos and Cambodia, to the south by the Gulf of Thailand and Malaysia, and to the...
, the Philippines
Philippines
The Philippines , officially known as the Republic of the Philippines , is a country in Southeast Asia in the western Pacific Ocean. To its north across the Luzon Strait lies Taiwan. West across the South China Sea sits Vietnam...
and Cambodia
Cambodia
Cambodia , officially known as the Kingdom of Cambodia, is a country located in the southern portion of the Indochina Peninsula in Southeast Asia...
"for the single male.” Their advertising brochures highlight the erotic atmosphere and easy availability of women in these regions. Tour guides would meet the men upon arrival, explain everything, and transport them to the local bars and brothels.
Since 1996, the New York based human rights and feminist group Equality Now
Equality Now
Equality Now is a non-governmental organization founded in 1992 whose stated purpose is to protect the human rights of women around the world. The group provides an international framework for spreading awareness of issues and providing support to local grassroots groups working to address issues...
has lobbied the local District Attorney to take action against the company, complaining about promotion of prostitution and possible exploitation of minors. The District Attorney declined to prosecute in 2000, stating that the alleged acts did not occur in New York and were thus beyond the reach of state law. Supported by Gloria Steinem
Gloria Steinem
Gloria Marie Steinem is an American feminist, journalist, and social and political activist who became nationally recognized as a leader of, and media spokeswoman for, the women's liberation movement in the late 1960s and 1970s...
and Congresswoman Carolyn B. Maloney
Carolyn B. Maloney
Carolyn Bosher Maloney is the U.S. Representative for , serving since 1993. She is a member of the Democratic Party. The district, popularly known as the "silk stocking district", includes most of Manhattan's East Side; Astoria and Long Island City in Queens; and Roosevelt Island.-Early life,...
, Equality Now then contacted State Attorney General
Attorney General
In most common law jurisdictions, the attorney general, or attorney-general, is the main legal advisor to the government, and in some jurisdictions he or she may also have executive responsibility for law enforcement or responsibility for public prosecutions.The term is used to refer to any person...
Eliot Spitzer
Eliot Spitzer
Eliot Laurence Spitzer is an American lawyer, former Democratic Party politician, and political commentator. He was the co-host of In the Arena, a talk-show and punditry forum broadcast on CNN until CNN cancelled his show in July of 2011...
in 2002.
In response to lobbying by these groups, the first legal action in the U.S. against a business of this type was initiated: Spitzer filed a civil suit against Big Apple Oriental Tours and obtained a restraining order in July 2003, in effect preventing the company from advertising.
Spitzer then made two unsuccessful attempts to charge owners Norman Barabash and Douglas Allen with promoting prostitution. (New York state penal code 230.25(1) defines promotion of prostitution, in part, as running a business that involves prostitution activity by two or more prostitutes http://wings.buffalo.edu/law/bclc/web/NewYork/ny3(a)(2).htm.) The Attorney General's office obtained the first indictment of Barabash and Allen in February 2004. The case was dismissed in August 2004, because the grand jury
Grand jury
A grand jury is a type of jury that determines whether a criminal indictment will issue. Currently, only the United States retains grand juries, although some other common law jurisdictions formerly employed them, and most other jurisdictions employ some other type of preliminary hearing...
had been presented with hearsay
Hearsay in United States law
Hearsay is the legal term for testimony in a court proceeding where the witness does not have direct knowledge of the fact asserted, but knows it only from being told by someone. In general the witness will make a statement such as, "Sally told me Tom was in town," as opposed to "I saw Tom in...
evidence and because the judge did not find the law applicable. The dismissal was upheld on appeal based on the hearsay argument. The case was returned to the grand jury and Barabash and Allen were indicted for the same crime again in October 2005. These charges were dismissed in January, 2006. The court held that according to the evidence, "What the tour customer did when he arrived at the location is not part of the Big Apple Oriental Tours enterprise."
External links
- Press releases by Equality Now:
- Queens Chronicle, 19 August 2004