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

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PIVOT LEGAL SOCIETYme that is hugely opposed to that type of legislation. It just seems so invasive. To haveto be licensed. And I have a gag reflex to that. But at the same time. That – howelse do you – I don’t know. I really don’t know. There, I am sure there’s other ways todeal with that, that I have just not wrapped my brain around yet. People need to beinformed. And in the employer-employee relationship, that part is pretty obvious.I can see how that plays out, because that is how I play it out now . . . . And I ammaking all the employers to be these evil, y’know, people. Unfortunately, it’s – it’s– there’s more shades of gray than that. What you tend to have is a fair bunch ofdecent people – in the middle, I’m – I think that I am the only person at my end ofthe spectrum, that takes all of the training this seriously.- female off-street in-call sex workerOne sex worker felt licenses should not be used to keep track of sex workers so that police couldharass them:A. They’re saying they’re making tons of money and that there’s no . . . okay maybe youshould have a license, so that you do pay your taxes and do try to do your best, but aslong as it’s not used to arrest you or harass you.- female off-street out-call sex workerGiven that licenses are currently required for all businesses in Vancouver, exempting sex industry businessesfrom licensing laws would mean a fundamental reform of existing laws. In the New ZealandProstitution Reference Act 2003, provision is made to allow for the establishment of small owneroperatedsex industry businesses comprising no more than four people without having to obtain alicense. 83 The intent of this provision is to allow a more flexible and less rigorous procedure for sexworkers to obtain employment in small businesses. Generally the sex workers we interviewed wouldsupport this sort of provision, because it a less restrictive approach to the establishment of sex industrybusinesses than the ones currently regulating the sex industry in B.C. and Alberta.PrivacySex workers voiced concerns about the types of information that must be disclosed when applyingfor a municipal business license. In general, the type of business, the name, address and age of theapplicant must be supplied upon application for a City of Vancouver business license. 84 This informationis available to any member of the public upon request at Vancouver City Hall, including the name ofthe license holder, the type of license and the date the license was granted. However, the City does notdisclose the home mailing address and phone number of license holders. Sex workers were concernedthat they would be publicly identified as such as a result of holding a sex industry license – suchpublicity could be negative on both a personal and a business level.Sex workers repeatedly emphasized the need to have their privacy respected:A. Oh sure. You might get married one day and you don’t want that coming back to hauntyou, someone finding out. Yeah . . . . No matter where you do it there’s gonna be upsand downs, it doesn’t matter where it’s gonna be . . . it’s because, you know same thingwith the license thing if we can go back to that, the thing with the license is there’s away that the government can actually keep track of it – of the who’s the prostitutes andwho’s not and that’s – they can kind of put you in a book I would say. You know what I83 Prostitution Reform Act 2003 (N.Z.), 2003/28.84 City of Vancouver Business License Application Form, available from City of Vancouver Community Services Group, Licenses &Inspection, License Department.56
BEYOND DECRIMINALIZATION: Sex Work, Human Rights and a New Framework for Law Reformmean. They always put . . . already now they put drug dealers in this book where they,you know, know the local drug dealers that do the local you know acts and stuff. Withrelations like that they can also keep track of prostitutes and that might help . . . .A. It’s a thing with privacy I think, y’know, like not everybody wants to be know asa hooker, you know . . . it’s, like, confidential, and that’s the thing about having alicense, it’s not, you don’t have that confidentiality to . . . y’know.- female off-street out-call sex workerOne escort agency owner-operator operates without a license to protect her privacy and privacy of thewomen who work for her:A. I’ve never gone for one of those [a license], and one of the strong reasons, I guess themain, maybe one of the main reasons is that a client once told me, he said, well youknow people can walk into the government office up at City Hall that is and seeeverything about who’s applied for business licenses. So they can find out your phonenumber, and your address, and everything about you. It’s public record and it’s open,and so I thought well, who’d want to do that and what the heck do you get in returnfor it. You don’t get anything, you’re just being watched or controlled if somebodyknows where you are, so I wasn’t gonna go for that. I have had business licenses indifferent years, but I didn’t see any point to that either cause then you’re also justbeing regulated in terms of you know who can come to your home and how often andso on and so forth and so as far as my involvement with other levels of governmentlike the income tax people, I don’t need to fall into line with the city by-laws particularly,so I just leave that alone.One sex industry business owner/worker described how privacy is vital to her business. For example,many clients will only frequent sex work businesses if their privacy is protected:A. The fact that we have the veneer of being a “spa”, I think, really helps . . . . Yeah Imean, if it came up as, y’know, the ABC Fuck’n’Suck on their Visa statement, that isa lot more, blatant than, y’know, such’n’such management services charge. Even if itgot traced to the ABC Men’s Spa, a guy always has an out. It was Johnny’s bachelorparty, I just, y’know, had to stay anyway. I had a massage and, y’know, he couldgiggle and chuckle, and say he was offered extras and he did not take them up on it.There is still always that out. If you are busted, or, y’know, if someone sees you goingin. You can just say that you were going in on a lark. There is still always an out. Andhalf our clients do pay by credit card.- female massage parlour owner, former sex workerSex workers stated that they valued privacy in order to preserve their anonymity, to avoid the stigmatizationthat would occur if other people became aware of their occupation, and to ensure that theirclients would be comfortable utilizing their services. Even if the criminal laws relating to prostitutionwere to be repealed, the stigma associated with sex work will likely remain. Consequently, sex workersfear becoming more visible in a social climate where prostitution is not socially acceptable. Based onthe opinions of sex workers, we recommend that increased privacy protections be put in place for allforms of licensed sex work.Business hoursIn all Canadian municipalities there are restrictions on the hours of business operation. The mostrestrictive hours are imposed on businesses engaging in prostitution, and those that serve alcohol. Thelicensing provisions for many sex industry businesses contain specific restrictions on hours of opera-57
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