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

PIVOT LEGAL SOCIETYas both outright approval uses and conditional approval uses in the same zoning district. For example,in the FC-1 zoning district “service uses,” such as laundromats and vocational schools, are listed asoutright approval uses, while “service uses,” such as cabarets and photography laboratories, are listedas conditional approval uses. 111 Through the establishment of zoning requirements, municipalitiesmaintain tight control over what types of activities are carried out in each area of the City.The current situation for sex workersThe City of Vancouver currently issues licenses for body rub parlours, health enhancement centers,social escort services, dating services, steam baths, and strip clubs. 112 Some businesses holding thesetypes of license are in the business of providing sexual services. These businesses are quasi-legal,because they engage in activities that are not permitted under the licenses issued to these varioustypes of business. Further, when these businesses provide sexual services, they are in violation of theprovisions of the Criminal Code of Canada relating to prostitution such as s. 212, the “procuring”law, and s. 210, the “bawdy house” law. 113 Nevertheless, these quasi-legal, licensed sex industry businessescontinue to operate under the current licensing scheme, and do so within Vancouver’s existingzoning scheme. Street prostitution is not currently licensed or subject to zoning, because s. 213 of theCriminal Code, the “communicating law,” outlaws street prostitution. 114Body rub parlours, health enhancement centers, social escort services, dating services, steam bathsand strip clubs are permitted to operate in certain zones in Vancouver. It is important to recognize thatnot all businesses carrying these licenses also provide sexual services, but the data from sex workers whoparticipated in this project indicates that many of them do, indeed, offer sexual services.Licensed body rub parlours are confined to the Downtown District, which is part of Vancouver’sComprehensive Development District. This district’s Official Development Plan permits body rubparlours to be zoned in this District under the category “Other Commercial” use, meaning “any othercommercial use not being “retail” or “office.” 115 Under s. 2 of the By-law a body rub parlour is listedas a business under “service use.” 116Businesses that are licensed for exotic dancing and stripping can be located in most types of zoningdistricts throughout Vancouver, including Commercial, Industrial, Historic Area, and ComprehensiveDevelopment. 117 Exotic Dancing and Stripping Businesses are regulated in accordance with theregulations for restaurants and cabarets, which are categorized as types of “service uses” under s. 2 ofthe By-law. 118 Currently, the majority of Vancouver’s Exotic Dancers and Strip Businesses are concentratedin the Downtown District. 119Businesses that hold a Social Escort Service license are not confined to any particular zone underthe By-law. However, other Vancouver by-laws, by-law amendments, and official development plansspecify where Social Escort Services may not be established. For example, the Downtown DistrictOfficial Development Plan states that a Social Escort Service may not operate from a “General OfficeLive-Work” space in the Downtown District. 120 This means that a Social Escort Service may not belocated in those spaces where an owner/occupier uses the space as both a residence and a place of busi-111 Supra note 106.112 Supra note 32.113 Supra note 1 at ss. 210, 212.114 Supra note 1 at s. 213.115 City of Vancouver, By-Law No. 4912, Downtown Official Development Plan (4 November 1975).116 Supra note 99 at s. 2.117 See the District Schedules for these zones.118 Supra note 99 at s. 2.119 The Downtown District includes the area between Cardero Street and Abbott Street (West to East) and Cordova Street to Beach(North to South).120 Supra note 115 in the Definitions section.68