Beyond Decriminalization: Sex-work, Human Rights and a New ...

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PIVOT LEGAL SOCIETYAt many other establishments, however, owners and managers maintain more control over whatkind of services are provided, and how the worker will be compensated. Several participants explainedthat at the establishment where they work, the owner determines what services are provided, andfor what fee. One massage parlour worker reported that some owners literally ‘buy’ illegal immigrantworkers who then have to perform all the services the owner requires of them. Several workersreported situations where workers are pimped by a live-in boyfriend or a person who provides themwith drugs. In these situations, the worker gives all or most of their massage parlour earnings to the“pimp.” The legality of these various types of working arrangements will be discussed throughout thisreport.Participants described an array of types of ownership and management. Participants said that themost common form of massage parlour or escort agency management involves an owner-operatedbusiness.Some participants reported that most massage parlours in Vancouver are owned by women. Otherssaid there are male and female owners, and that the gender of the owner does not make a difference inmanagement style or conditions, although it appears that workers are less likely to experience sexualharassment by female owner-operators. Some massage parlour owners have past experience as sexworkers. One participant stated that organized crime and biker gangs are trying to take hold of thesex industry in Edmonton, and are doing so by buying massage parlours and strip clubs. None of ourparticipants reported working for gang-owned parlours.Participants reported that the business-related duties expected of workers vary, depending onthe massage parlour. Some reported that they were expected to perform cleaning duties, includingbathrooms and toilets, while in other parlours laundry and cleaning were done by other staff. Manymassage parlour workers stated that they are not provided with proper on-site hygiene facilities, suchas a shower. Several reported that their employers do not provide them with work-related supplies,such as condoms, rubber gloves and lubricant.Participants voiced several concerns about hiring and firing practices. Some employers requirejob applicants to undertake a traditional interview in which the applicant is questioned about theirrelevant experience. Some massage parlours require prospective employees to submit to a “try out” byproviding unpaid sexual services to the owner or manager. All massage parlour owners and workersalike reported that physical attractiveness is a prerequisite of the job. Several workers reported thatthey are not able to get jobs at the higher-paying establishments because they do not meet the standardsfor physical attractiveness. Some owners reported that they require waist and breast measurementsfrom job applicants prior to hiring.When it comes to keeping their job, participants reported that there are relatively few safeguards toprotect massage parlour employees from wrongful termination. One participant reported that her onlycomplaint about working in massage parlours is that workers are often fired for no apparent reason.ComplaintsMassage parlour employees reported that there is no one to complain to about working conditionsand that, generally, managers and owners are not receptive to complaints. An example was given of anowner who would turn off the heat in the winter despite the protests of employees.One worker reported that there is a sense of isolation working in a massage parlour. Where streetlevelworkers have access to services, massage parlour employees work behind closed doors. As a resultthey have fewer opportunities to access available services. The one exception participants mentionedwas the ORCHID project, which is an outreach and research project being carried out by the AsianSociety for the Intervention of AIDS, which travels to massage parlours in Vancouver and the LowerMainland providing free condoms and sexual-health information.26
BEYOND DECRIMINALIZATION: Sex Work, Human Rights and a New Framework for Law ReformSafetySafety concerns were paramount for all in-call participants. Violence, harassment and abuse arecommon experiences of many sex workers, and the ability to work in an environment that providesprotection from the harms related to “bad dates” was seen as a priority. Some massage parlour workersreported that their safety needs are met. Others expressed concerns and made suggestions as to howsafety could be improved.Participants described Vancouver massage parlours as workplaces with a relatively high standardfor personal safety as compared with street-level work. Nevertheless, some workers described beingbeaten and assaulted in massage parlours. Many participants reported that workers will help oneanother in the event of a violent client, but that some managers and owners do nothing to preventbad dates, and ignore them when they occur. Some participants recounted situations where they hadphysically attacked a client who was assaulting another worker. Other participants described workingin parlours where they did get help from other workers or managers if they encountered trouble, andfelt that their safety was well protected. One of our participants said that a well-known violent clientfrequents many of the massage parlours in Vancouver and the Lower Mainland without criminalcharges being brought against him. Some establishments have banned this man, but others, despiteknowing about his violent proclivities, still allow him to receive services.One participant explained that when she has to collect payment directly from the client, altercationsare more likely to occur. Nearly all participants stated that violence is not reported to the police.Because they are susceptible to prosecution for bawdy-house, living on the avails and procuringoffences, workers and managers alike fear the involvement of police. The sex workers who wouldreport violence to police said that they are discouraged from doing so by managers and owners.One participant reported that, in her experience, many more bad dates patronize street-levelworkers than visit massage parlours. The fact that many massage parlours have security cameras, andall of them have on-site management adds to the safety and security of massage parlour work. Further,all of the massage parlours we visited are laid out so that rooms are close to one another. A womanworking on her own, especially on the street, cannot always defend herself against an aggressive maleclient. This danger is exacerbated when there are no available safeguards. Workers report that thereis less anonymity in the massage parlour context than in out-call work situations. Potentially violentclients are well aware that in massage parlours they are usually outnumbered, and are much less likelyto attempt violence if someone else is around to witness it, or physically intervene.HealthAnother concern for in-call sex workers are health and hygiene standards in the workplace.Because there are no standardised occupational health and safety measures for sex work, there is awide range of practices in massage parlours.Participants reported that in some massage parlours there are strict rules for hygiene and protectionagainst sexually transmitted diseases. One participant explained that in the parlour she workshealth standards are adequate, training is in place, and there are repercussions when employees fail tofollow the required standards.Participants reported that, depending on the establishment and the management, massage parlourscould be very clean or very unsanitary. Some have a mandatory condom use policy, and some alsoprovide condoms, though many of the participants reported that they are required to provide all oftheir own supplies including condoms, and that the only equipment provided is clean towels andlaundry. Several participants thought that condom use should be mandatory, and others stated thatthey should be provided at no charge by the parlour.While some massage parlours require all sex acts to be safe and hygienic, others require workers toengage in extremely unsafe sexual practices. Some locations offer what is known as a “Girlfriend Expe-27
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