Pleasure Tours to Thailand and Philippines Under New Federal Legislation
Discussion and Specific Tour Recommendation


BAO Case Update 8/4/07

Big Apple's case is being defended partly based on Federal U.S. vs Jones case which is also an argument Jeane Palfrey is trying to make. The Palfrey case seems to being tried not under the new Trafficking Act but the old Interstate Transportation in Aid of Racketeering Enterprise (ITAR or Travel Act) Her June 15, 2007 Motion to dismiss count 2 is quite interesting at  This is in addition to her motion to dismiss based on the prostitution law being unconstitutional under Lawrence vs Texas.

Here are highlights of a recent E-mail to me from Douglas Allen one of the owners of Big Apple
Dear Dave:
Perhaps by the end of August we will have a date for our trial. This is the beginning of the fifth year of the ordeal. The felony has been dropped by the Appellate Court because they could not figure out what a prostitution enterprise is. Section 230.25 (the felony) has three elements. Clearly we do not own a house of prostitution. Next is a prostitution business and this section is reserved for "call girl" and "escort services." We employ no call girls or escorts so what was left was the catch all "and any and all other prostitution like enterprises." Clearly this portion of the law is vague and completely without definition. The felony was dropped but:

The New York Trafficking law was passed with a provision to convict us even if the activity is legal in the other jurisdiction. Section 230.25 was modified to say that New York State has jurisdiction even if prostitution is legal in other jurisdictions. Only New York law counts. This is what you are saying at a time when the rest of the world is taking a realistic approach to prostitution we are going backward. The need for Adult Entertainment to be recognized in the legal code is paramount.

Now we are fighting over a misdemeanor of promoting prostitution, section 230.20, which has two elements, "profit from," which we don't, and "activity" which nobody knows what that means exactly. (lots of details of the case deleted)

If we get convicted that will establish a terrible double standard where some groups are able to purchase sexual conduct while others are convicted. To convict us they must establish that the money is paid for sexual conduct and not something else. The entire porno movie industry hangs in the balance as does the escort business.

So far our Judge has not been in favor of the prosecution so we cannot claim a kangaroo court. Judge Hayes rejected the request for a search warrant so the went to a feminist judge. The he threw out the case twice. Now it is back for a third time and we think Judge Hayes is very annoyed with Eliot Spitzer for pursuing this case to the ridiculous.

What we hope to get out of this case is a US Vs. Jones 909 verdict that establishes certain ground rules for the future. All of the Trafficking laws have one thing in common; they are tied to prostitution. What Escorts are and porno actress are and the dancing girls in Asia are, is not prostitution at all but adult entertainment. Nobody should ever be prosecuted under the trafficking laws unless there is a nexus a direct involvement.

Some escort agencies get busted others don't yet they all sell the same thing; time and companionship. Is that legal? Neither product is sexual conduct so it has to be legal? If purchasing time to go have consensual sex is illegal then more than Jeane Palfrey and Jenny Paulino are guilty. What does the money pay for? It has to pay for sexual conduct to be illegal. See US V. Jones 909, where a dispatcher and seven escorts won and appeal in Federal Court. They had been convicted of Travel Act and Mann Act violations on a vague notion that prostitution was occurring. The Appellate Court said, "no." You have to have proof that sexual conduct was been bought or sold or at least offered for a fee. The Fed Prosecutors could not do that. The only thing they could prove was that money was being spent for some period of time for some companionship. Usually on hour but sometimes longer. What ever they do or did behind closed doors is up to them or is it?

Dave in Phoenix says on 3/13/06:

I've been exchanging info extensively with both the owners of BAO Tours and Gunter of  including some long phone discussions with Gunter regarding the new anti-sex trafficking Federal laws as well as The State Of New York charges against BAO tours which have twice been dismissed by the Courts.

The legal issues include "Trafficking Victims Protection Reauthorization Act of 2005" as well as newly enacted laws in some states and those proposed in other to make "sex tours" for the purpose of prostitution illegal - even if prostitution is legal in the foreign country. Of course in most of the world outside the U.S. private prostitution and often brothels in various forms is legal.

Under the new Federal law, sex trafficking includes consenting adult in private sexworkers!  "Severe" Trafficking is if its forced, not consensual.   Fortunately the Federal law regarding sex tours only covers "severe" forms with actual coerced victims, especially children.

The issue in BAO (Big Apple Oriental) Tours case revolved around if "Guest Relations Officers " (GRO's) in the Philippines were prostitutes or not since prostitution is illegal in the Philippines.   As my reports show GROs which are bar fined from bars, strip clubs (for take out)  are required to have weekly STD checkups, but are not considered prostitutes.    It seems clear that just because you bar fine a GRO doesn't mean you will have sex with her.  You may spend the night with her in bed, but just like in my one experience, that doesn't mean it is going to be sexual.    The New York Court has twice dismissed the BAO case on the grounds of insuffient evidence and hearsay that GROs are prostitutes.  They seemed to have dropped the Thailand related issues because in Thailand the "sex tours" only go to "Entertainment Places" and customers get "special services" which are specifically excluded from the prostitution law.

But New York Attorney General Spitzer claims he will again refile the charges.  He is supported by the men hating feminist's especially the group Equality Now that is pushing for prosecution in this and other sex tour cases.

Gunter of is as far as I know the only person now having not sex but pleasure and love tours carefully avoiding any involvement with any illegal prostitution in Thailand or the Philippines.   But very enjoyable experiences!

His tours are highly praised with how helpful he is on various boards including Mac & Dexter Horn's who are well known for their videos etc. has been completely redone now being very careful not to suggest any terrible prostitution going on with the new Federal laws especially going after sex tours.   I think he did a great jab.  Gunter has been leading small tour groups of about 10 for over 17 years now.  He has some excellent local guides he also works with in Thailand, the Philippines and Cambodia.

Based on my discussion and many E-mails with Gunter and the positive reviews I've read on review boards, I can recommend you consider his tours:     Please do mention you were referred to him by - someday I may join in a tour when I want to return to Asia! and (same site)
And mention you leaned of them via if you contact them or take a tour - thanks.