The American Plan began during World War I, as the result of a federal push to prevent soldiers and sailors from contracting STIs. In 1917, federal officials were horrified to learn that a huge percentage of men in the military (some erroneously estimated one in three) were infected with syphilis or gonorrhea. Suddenly these diseases presented not just a health threat—but a national security threat as well. So officials passed a federal law that outlawed sex work within a five-mile “moral zone” of every military training camp in the country. When they learned that most infected soldiers and sailors actually contracted their STIs back in their hometowns, they worked to expand this prohibition to cover the entire nation. And when they discovered that most of the women who supposedly infected the men weren’t professional prostitutes, they expanded the program even further.
So, beginning in 1918, federal officials began pushing every state in the nation to pass a “model law,” which enabled officials to forcibly examine any person “reasonably suspected” of having an STI. Under this statute, those who tested positive for an STI could be held in detention for as long as it took to render him or her noninfectious. (On paper, the law was gender-neutral; in practice, it almost exclusively focused on regulating women and their bodies.)
The Plan enjoyed complicity, if not outright support, in high places. New York Mayor Fiorello La Guardia gave speeches lauding the Plan; then-California Governor Earl Warren personally spearheaded its enforcement in his state. In 1918, the attorney general personally sent a letter to every U.S. attorney in the country, assuring them this law was constitutional; he also sent a letter to every U.S. district judge, urging them not to interfere with its enforcement. During World War II, the American Civil Liberties Union not only failed to oppose the Plan; its founder, Roger Baldwin, sent a memorandum encouraging its local branches to cooperate with officials enforcing it.
Governors and state legislatures responded to the federal government’s “model law” with enthusiasm. STIs were a hated epidemic, and sex workers, often incorrectly blamed for spreading most STIs, served as popular scapegoats. By 1921, every state in the union, as well as hundreds of municipalities, had one of these statutes on their books. Cities and states enforced these laws, off and on, for the next half-century.
The Sacramento sweep
One such city was Sacramento. Margaret Hennessey and her sister were not the only women arrested that day in 1919; Officer Ryan and the rest of the morals squad had had a busy morning. According to city police records, at about 9:25 a.m., they had arrested a Mrs. M. Sodfreid on “reasonable suspicion” of having an STI. Forty minutes later, they had arrested another woman, Lena Roserene, on the same charge. Then followed identical arrests of women recorded only as Mrs. J.S. Smith, Mrs. Butterworth and Mrs. R. Nichols. Hennessey and Bradich were Ryan’s fifth and sixth STI arrests of the morning. It was a sweep. In all, the morals squad arrested 22 women on February 25, all for the crime of suspicion of STIs. But because Margaret Hennessey alone of these women gave a statement to the newspapers, it is her story that exemplifies the rest.
The STI examinations showed that neither Hennessey nor Bradich had an STI, and officers released them at about 8:00 pm, with orders to appear for court the next morning. At 9:30 a.m., Hennessey stormed into court—ready, she declared to the Sacramento Bee, to “defend myself,” but “I would have no chance.” She was informed the charges had been dismissed. Nonetheless, the arrest left a mark. “I dare not venture on the streets,” she told the Bee later that day, “for fear I will be arrested again.”
In fact, of the 22 women arrested for suspicion of STIs, 16 were released later that day, including Hennessey and Bradich. Six were held overnight, not allowed to speak with or contact anyone. In the end, only one of the 22 women tested positive for STIs. “In other words,” the Bee reported, “out of twenty-two suspects subjected to an examination, the police were justified in arresting but one woman.”