1 Regulating Sex Work Adrienne D. Davis VERY ROUGH DRAFT ...

took sex seriously as work, while simultaneously confronting the real and high
vulnerability its workers experience?
A. Markets for Sex
Section II argued that assimilationists’ insistence that sex work be regulated like “any
other labor” ignores the diversity of workplaces. This section makes an additional point.
In the strong form version the homogeneity of labor claim insists and in the weak form
assumes that sexual labor is no different from other, non-sexual work. But, as this next
part shows, sex workplaces are not like most workplaces. Rather, they are distinct in
ways that have regulatory significance.
Sex workers, typically women or trans, cater to a customer base that is
overwhelmingly male. 204205 Sex work is not alone in these ratios, but it can engender
distinct dynamics that pose real risk to the workers. For instance dancers frequently work
for multiple customers simultaneously, either in clubs or for parties—bachelor, fraternity,
work, etc.—at outcall locations. 206 These customers often patronize them in all-male
groups, seeking and expecting homosocial bonding through drinking and verbal and/or
physical sexual interaction with the dancer(s). As several sociological studies have
found, participants in these spaces may experiment with and negotiate social norms and
expectations of masculinity that differ from and would be sanctioned and deemed
unacceptable in other social contexts. 207 [see if you can find anything on not unlike
“mobs” that turn on one outsider and lots of insiders?] Customers’ significant alcohol
consumption can further loosen social inhibitions and lubricate behavior that puts
workers at risk of both verbal abuse and violence. 208 Heightening the risk to workers, in
clubs not only are the customers often intoxicated but dancers’ “labor” may entail
“hustling” drinks from customers, which the dancers are then expected to drink. 209
Unlike other workers, some sex professionals are expected to labor in a state in which
their own judgment is definitionally impaired. 210211212 This particular combination of
204 “an overwhelmingly female work force that services an overwhelmingly male clientele. (Male
prostitutes also work for predominantly male customers.)” Chancer 151; [craft footnote on gender ratios
and dynamics; where can we find this?]
205 Trans.
206 [some men, often regulars, patronize on their own; start by looking at Siobhan Brooks’ book]
207 [find quote that the behavior is risky to the dancers.]
208 The service is also contingent on the customer’s own performance and body. Many men anticipate and
expect erections and orgasm from their paid sexual encounters. Not all sex work requires this; specialized
and fetish markets, for instance may not. Other work also relies on bodily exertions, innate talents, or
developed skills from customers. Personal trainers, sports coaches, and x each rely on some type of
physical exertion and talent or skills from their client. Still, sexual expectations can create a different and
the stress it can induce on the customer. This can be a prompt for violence, as it undoubtedly is not among
trainees or athletes taking lessons who feel they are not performing to the social or trainer’s expectations.
209 [add citation]
210 In contrast, most workers do not work in an intoxicated state, and indeed, doing so would be grounds for
termination./As an initial matter, in most workplaces, workers are not permitted to drink alcohol. In fact,
drinking on the job would be grounds for termination from many jobs (although there are some curious
exemptions: many professionals may drink or are expected to drink when entertaining clients). This rule
extends to those who work in market sectors that serve alcohol, including restaurant, casino, and bars
[check this]./ Even workers who serve alcohol, i.e., food servers, bartenders, liquor salespeople, and casino
workers, typically have restrictions or limits imposed on how much and when they can drink themselves.
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