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

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PIVOT LEGAL SOCIETYVancouver’s business prohibition by-lawVancouver’s municipal by-laws directly prohibit certain types of businesses. By-law No. 5156,the Business Prohibition By-law, prohibits any person from carrying on a business that involves a“nude encounter” (i.e. a discussion session engaged in for which a fee is paid and either one or bothparties are unclothed, or any activities substantially similar), an “out-call body massage service” (i.e.the offering of a body-rub at any premises other than a licensed body-rub parlour), or an “erotictelephone call” (i.e. the offering or providing of a discussion of sex over the telephone for a fee in anerotic or lewd manner). 37 By-law No. 5156 imposes a $2,000 fine on anyone violating this by-law.When asked about this by-law, sex workers stated unanimously that it was vague and unfair.Body rub parloursThe term “Body Rub Parlour” is defined in the Vancouver By-law as any premises where a bodyrubis performed, offered or solicited. 38 The By-law defines “Body rub” as “the manipulating, touchingor stimulating by any means, of a person’s body or part thereof, not including medical, therapeuticor cosmetic massage treatment given by a person duly licensed or registered under any statute of theProvince of B.C. or a therapeutic touch technique.” 39The Vancouver By-law states that every applicant for a license to operate a body rub parlour shallsupply the Chief Constable of the Vancouver Police Department and the City License Inspector withthe name, age, address and sex of all persons that the applicant employs. 40 The provisions state thatno person carrying on the business of a Body-Rub Parlour shall employ a person under the age of 19years, nor shall a person under the age of 19 years be permitted on the premises, in which case clientsmust be over 19 or older. 41 The by-law requires that all rooms used for body-rub shall not be less than2.4 metres by 2.4 metres, shall not be equipped with any locking device on any door other than theentrance to the premises, shall not have any means by which any person may view the interior of thepremises – such as a window – and shall be equipped with lighting of at least 50 candle power whichshall remain “on” when the door closed. 42The Body Rub provisions hold that no person who carries on the business of operating a body-rubparlour shall:• permit any person to enter or remain on the premises between the hours of 12 midnight and 8 a.m.; 43• practice or permit the practice of a therapeutic touch technique or advertise in any way that atherapeutic touch technique is available on the premises; 44• exhibit herself nor permit other persons to exhibit themselves, in any window on or about thepremises, or exhibit or permit to be exhibited any sign outside of the premises showing any nudemale or female body nor any printed words that might indicate that the licensed premises is aplace that offers any form of sexual or nude entertainment. 45The by-law requires that the person performing the body-rub wears clean, washable, non-transparentouter garments covering his or her body between the neck and the top of the knee, the sleeves of which37 City of Vancouver, By-law No. 5156, A By-law to prohibit the carrying on of sundry business, trades, professions and other occupations(11 April 1978).38 Supra note 32 at s. 2.39 Supra note 32 at s. 2.40 Supra note 32 at s. 11.5.41 Supra note 32 at s. 11.5(3).42 Supra note 32 at s. 11.5(5).43 Supra note 32 at s. 11.5(6).44 Supra note 32 at s. 11.5(9).45 Supra note 32 at s. 11.5(8).38
BEYOND DECRIMINALIZATION: Sex Work, Human Rights and a New Framework for Law Reformdo not reach below the elbows. 46When asked about these provisions, sex workers stated they felt they are unnecessary and intrusive:Q. What is your opinion of the law surrounding body rub parlours? . . . Wetalked about it. [Rooms must be] two-by-two metres, you needed to have the outfitsbetween the neck and the knees.A. We said that it wasn’t applicable to sex trade workers, that it needed definitely to bechanged.- female street-level sex workerRestrictions, targeting such minutiae as the type and length of clothing that must be worn, the precisesize and lighting of the rooms, and requirement that there be no locks on the rooms are very differentfrom the types of licensing requirements imposed on other types of businesses. 47 Such restrictionsimpose a higher degree of control over, and intrusion into, the workplaces of sex workers. Nearly allsex workers felt some or all of these requirements were unfair.One sex worker described the breach of privacy created by the requirement in her workplace thatshe keep her door unlocked:A. I don’t think that it’s fair that I have to keep my door unlocked.Q. Do you currently have to keep the door unlocked?A. Yup, I do . . . . I get people walking in all the time.- female off-street in-call sex workerOne former sex worker and current business owner stated she felt the specific lighting requirementwas nonsensical:A. But there are no windows on the rooms. But another thing that it does specify is thebrightness of the lights. Which I could never understand – what the hell is a six footcandle?- female massage parlour owner, former sex workerOne sex worker suggested that the requirements are overly restrictive:A. Like I mean, c’mon, 10 candles. I mean – I mean, I think it should be a darkerlighting, if you want.- female off-street in-call sex workerNearly all sex workers felt that these provisions are overly intrusive. Some even remarked that theywere outdated and should be revised to better protect the safety and interests of sex workers.Dating servicesThe Vancouver By-law defines a dating service as any person carrying on the business of providinginformation to persons wanting to meet other persons for the purposes of social outings. 48 The by-lawrequires that every person carrying on the business of a dating service shall supply the City LicenseInspector with the name, age, address and description of every person employed in the said business,shall notify the Inspector within 72 hours of any change in the personnel employed in the business,and shall maintain a written record of all customers. 49 There is no requirement to supply informationabout employees in the case of the escort service by-law.46 Supra note 32 at s. 11.5(7).47 For example, many licensing provisions contain restrictions on hours of operation only.48 Supra note 32 at s. 2.49 Supra note 32 at s. 13.1.39
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