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

BEYOND DECRIMINALIZATION: Sex Work, Human Rights and a New Framework for Law Reform10. Ensure increased privacy protections for information that is recorded by the licensing authority inrelation to the licenses of sex work businesses.11. Ensure that sex workers have access to legal remedies where it is felt that City Council is makinglicensing decisions that are not in good faith or in accordance with a valid regulatory purpose.Zoning and sex workZoning is one of the more controversial issues in the national discussion concerning the repealof the criminal laws relating to prostitution. Zoning by-laws affect where and how prostitution canbe carried out in any municipality. In a decriminalized environment, the municipal power to zoneprostitution will be one of the principle mechanisms that local governments use to control prostitution.In jurisdictions where prostitution has been legalized or decriminalized, sex workers and sexindustry business owners are still fighting some of the hardest battles at the municipal level over landuse governance. 94The ensuing discussion describes sex workers’ opinions about zoning. This chapter is merely thebeginning of the discussion that needs to take place in each municipality that will be confronted withthis issue should the criminal laws relating to adult prostitution be repealed. The significant diversityin opinions and the concerns raised by sex workers indicates the complexity of the zoning issue.Therefore, it is critical that lawmakers engage in comprehensive consultations with sex workers andinvolve them in decision making before any zoning requirements are imposed. Without the adequateinvolvement of sex workers, municipalities will be unable to create a system that addresses the variousneeds of sex workers.Although some of the participants were from Calgary and Edmonton, the discussion of zoninglaws has been limited to the Vancouver experience in the interest of keeping the discussion clear andconcise.Zoning lawsMunicipal zoning laws govern the areas where specified businesses may be conducted. Theauthority to enact land use by-laws is set out in B.C.’s Local Government Act. 95 The exception to thisis the City of Vancouver, where the Vancouver Charter establishes authority over zoning. 96 Underthe LGA, local governments, such as city councils, may enact by-laws and regulations that divide allor part of a municipality into zones. 97 The LGA authorizes municipal governments to regulate whathappens in each zone in terms of use of the land, and the location and density of buildings and structures.Local governments are empowered to prohibit a zone from being used for a particular purpose.The Vancouver Charter grants authority to the City of Vancouver to govern construction, use andoccupancy of buildings and zones, and to set a maximum population density within zones. 98The issue of municipal zoning has important implications for the sex industry should the criminallaws surrounding adult prostitution be repealed. For example, where will street prostitution takeplace? Where will brothels be located? What type of zoning scheme will address the interests of sexworkers, and the interests of neighbourhoods and communities? These questions make municipalzoning laws a particularly important and difficult law reform issue.94 See Willowford Family Trust and Terry Rex Brown v. Christchurch City Council, High Court of New Zealand, Christchurch Registry,July 29, 2005, CIV-2004-409-002299, the first court decision under the New Zealand Prostitution Reform Act regarding a localmunicipality’s attempt to restrict the location of sex industry businesses.95 Supra note 3.96 Supra note 5.97 Supra note 3 at s. 903.98 Supra note 5 at s. 565.65