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

BEYOND DECRIMINALIZATION: Sex Work, Human Rights and a New Framework for Law ReformMassage parlours and steam bathsThe Vancouver By-law addresses Massage Parlours and Steam Baths within the same licensingprovision. 54 The Vancouver By-law does not define a ‘Massage Parlour.’ It defines a Steam Bath as anypremises wherein a fee is paid for a sauna or steam-bath. 55 The by-law states attendants in steam bathsand massage parlours must not treat or attend members of the opposite sex. 56 The operator must keepa written record of all persons using the premises, including their name, address and time and dateof use. No person shall operate a premise in which members of the opposite sex use the same steambath,and that the interior of the premises must be illuminated to a minimum of ten candles in everypart of the premises. 57Sex workers felt the licensing provisions related to Steam Baths and Massage Parlours were unfair,discriminatory, and based on outdated moral beliefs. Sex workers noted that no similar requirementregarding members of the opposite sex exists for other professions that involve bodily contact betweenservice provider and client. 58 Sex workers indicated that they feel this restriction rests on a stereotypethat persons working in and frequenting steam baths and massage parlours are all heterosexual. Onesex worker said:A. It’s natural to go into a steam bath with the opposite sex . . . . What I was just sayingis I think a lot of this illuminated that. I think a lot of these rules were written aloooong time ago.- female street-level sex workerOne escort summarized her criticism of these provisions in the following manner:Licensing feesA. That’s ridiculous . . . . I imagine that this law dates back to a time before . . . peopleeven thought about gay sex . . . . But I think that if you – if you want to be in adesignated room, that should be – for both sexes, then that’s fine. But I think thatalso a same-sex only room should be available.- female off-street out-call sex workerSchedule “A” of the Vancouver By-law sets out the fees that a license holder must pay on an annualbasis to the City: 59• Dating services• Health enhancement centres• Body rub parlours• Steam baths and massage parlours• Social escort services$128 per year$198 per year$8,108 per year$214 per year$958 per year.These licensing fees can be compared to fees for the following non-sex industry business licensingfees under the Vancouver By-law:54 Supra note 32 at s. 25.6.55 Supra note 32 at s. 2.56 Supra note 32 at s. 25.6.57 Supra note 32 at s. 25.6.58 For example, massage therapists, escorts, and gynaecologists59 Supra note 32 at Schedule A.41