Power to the Pimps? Nevada’s Legal Prostitution Industry and Its Implications for Future Regulation of Prostitution

A legal, closed brothel in Nevada. Photo by Ryan Michael.

The world’s “oldest profession,” prostitution, has a strong foothold in rural Nevada. Nevada is, surprisingly, the only state with legal prostitution. Even though prostitution is legal, it is heavily regulated, and sex work that falls outside of the narrow guidelines is criminalized. Examining the regulatory history of prostitution in Nevada, and the ethics of legalization or decriminalization of prostitution, can allow Nevada to become a case study for the recognition of sex work in the U.S. as a whole.

Nevada has always had a reputation as a state with libertarian values that is willing to set aside the perceptual moral high ground in order to turn a profit. For example, prior to widespread no-fault divorce (divorce which does not require proof of wrongdoing by either party), Nevada had a booming divorce tourism industry based on the ability to become a resident in six weeks. The sex work industry first became prevalent in Nevada during the California Gold Rush. The influx of men to the West brought a demand for female companionship. Brothel boarding houses developed out of demand and became an integral part of early mining communities, providing significant tax income that helped develop many Nevada cities. As the mining boom faded and Nevada turned towards tourism as an economic driver, prostitution continued to be a key industry, even as it faced growing moral opposition. 

However, the tide turned after WWII. Legal prostitution slowly became stigmatized and was portrayed as a public health problem. As prostitution became a public relations liability for the growing gambling industry, it was explicitly criminalized in urban areas in Nevada. Over time, public officials began to crack down on brothels, labeling them “public nuisances.” However, Joe Conforte, owner of the Mustang Ranch and often described as the “godfather of legal prostitution,” advocated for the legalization of prostitution, which led to the creation of legal brothels in Nevada. 

The argument for legalization that came from advocates like Joe Conforte is clear: prostitution is inevitable, and heavily criminalizing or demonizing it leads sex workers to be forced into dangerous situations. A clear example of how criminalizing sex work can lead sex workers to less safe platforms comes from opposition to FOSTA-SESTA, a law which pushed sex workers off platforms like Craigslist or Backpage. Online sex workers are able to safely seek out and vet clients before seeing them face to face. Research by sex worker advocates has shown that FOSTA-SESTA has increased the vulnerability of sex workers who previously worked online to prevent violence and unsafe situations. In theory, brothels, which provide a safe, legal space for (primarily female) prostitutes, solve these problems. However, in practice, while Nevada’s brothels are successful at preventing sex trafficking and exposure to STIs/STDs for employees, only a couple hundred people are employed in brothels statewide. In Nevada, prostitutes work as independent contractors who pay out an often significant portion of their earnings to brothels located in rural counties. Counties also require per-person licensing fees that can range from $200-$100,000 per year, as well as weekly out-of-pocket STD testing. These numbers don’t include the brothel’s cut, as well as buying clothes, transportation, and other expenses.  

In short, Nevada’s legalization scheme, while better than outright criminalization, has the unintended side effect of only permitting a limited number of individuals who already have the financial means to become a prostitute to contract at brothels, while criminalizing the more than 10,000 other sex workers in the state. Moreover, the origins of Nevada’s sex work regulation was spearheaded by brothel owners and not by sex workers, suggesting that the laws are inherently designed to favor primarily male brothel owners. Brothels have an unquestioned monopoly on legal sex work in Nevada.

Furthermore, opponents of legalizing or decriminalizing prostitution are also often involved in anti-sex-trafficking protests. They contend that all prostitution is fundamentally exploitative and unethical, even if someone isn’t necessarily in a situation where they are being trafficked. However, even if prostitution is a fundamentally unethical industry, having some kind of regulation which empowers sex workers to be able to participate in forms of work that are safer and easier to control is a better solution than heavily criminalizing sex work.

Is there a better way forward? Is it possible to have a both legal and ethical form of prostitution that does not fall victim to the same patterns of exploitation? Is it better to legalize a problematic industry than criminalize it? Ultimately, prostitution is an economic reality. It has not and will not go away. However, advocates have begun to introduce promising ballot initiatives that would decriminalize prostitution in Nevada and other states. On the global stage, other countries like New Zealand and Australia already have decriminalization policies in place that have more legal options available to sex workers. In the quest to move towards a more ethical legal prostitution, Nevada could also expand its legalization regulation to more than just brothels. The future of legal prostitution in the United States is unclear, but states like Nevada should work to implement more ethical legislation that centers the needs of sex workers, as opposed to the brothel owners who profit off their labor.

Caitlin Hamilton (CC ’25) is a first-year at Columbia College. She is from Incline Village, Nevada, and is interested in Chinese politics, sustainable development, and international relations. Caitlin plans to major in East Asian Studies and Economics.