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

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PIVOT LEGAL SOCIETY“use” classification that the City will be able to exercise control of the location of sex industry businesses.This is an unsettled issue that, in the event of decriminalization, will have to be examinedcarefully with input from sex workers.Designated prostitution zonesMany sex workers advocated establishing specific sex industry zones:A. I still like the red light district where each person has there own house and your justkind of in the window kind of and whoever’s interested would come up to the door.It’s all indoors, it’s all private. It’d be a lot easier.- female off-street out-call sex workerA. Like in the European countries. You have a block or a district. A red light district.- female off-street out-call sex workerA. I personally think yes there should be like a red light district because number oneyou’ve got that safety thing of it and number two if there’s a problem it’s kinda in onearea and it’s easy to get rid of it.- female street-level sex workerIn discussing zones specifically designated for prostitution, many sex workers used the term “red lightdistrict.” This term has many meanings. Generally, it describes an area where brothels are located,regardless of whether prostitution is illegal or legal. Well-known examples in countries where prostitutionhas not been legalized include the Pigalle district of Paris, France, and the Patpong district ofBangkok, Thailand. Perhaps the best-known “red light district” internationally is the De Wallen inAmsterdam, the Netherlands, where prostitution is legal.Because the term “red light district” is vague and uncertain, and applied to both legal and illegalregimes, we do not use it. Instead we use the term “designated prostitution zone” to identify an areaspecifically zoned for prostitution use. Under the current zoning scheme, where there are variouszoning districts with designated uses, the setting aside of an area for prostitution would require that“prostitution” be designated its own zoning district category, similar to “Limited Agriculture,” “OneFamily Dwelling,” “Commercial” and “Comprehensive Development.”The one thing most sex workers agreed on was that a single small area in Vancouver designated forprostitution would be inadequate. Even those sex workers who were supportive of designated areas forprostitution felt that there should be multiple areas located throughout the city:A. Well, I guess if you’re saying off the street then you’re talking about a red-light districttype of scenario I think you could very well have a red-light district, but it seems tome that that would almost be like having an amusement park district or somethingwhere you have a bunch of establishment in one area. That shouldn’t mean that ifyou’re in that kind of business you have to be in that zone, because you know it wouldbe ridiculous, if say there was a zone like that in Gastown for instance and someonewanted to get laid in Burnaby or Coquitlam, they’re not necessarily going to want tocome all that way to perform a sort of a domestic kind of transaction. And so yeah, youcould have a zone that is geared for that but that couldn’t be the only zone or you’d haveto have other zones all over the place.- female off-street in-call sex workerProponents of designated prostitution zones agreed that not only would zoning increase the safety ofsex workers, but also it might provide a safer way for sex workers to transition out of the industry, andmight even help decrease the rate and extent of illness among sex workers. Nevertheless, the need to value72
BEYOND DECRIMINALIZATION: Sex Work, Human Rights and a New Framework for Law Reformautonomy and privacy was the most prevalent theme of all opinions on zoning. Further, sex workersbelieve workers and clients need to conduct business in areas in which they feel comfortable, be that intheir own neighbourhood or in an area of Vancouver that is some distance from where they reside.Home-based sex industry businessesThe By-law allows for some forms of work to take place in a person’s home. Under the homecraftprovision, the By-law allows one person per family to engage in a craft or occupation athome. 124However, the principal use of the building must be as a residence. Generally, the term “homecraft”refers to businesses like bookkeeping and accounting. Under s.11.6 of the By-law, no products ormaterials may be sold from a residence, and there is a restriction against any “objectionable effect[s]”being created by the residential business. 125 A business run from the home cannot employ otherpersons or allow customers into the home. 126 Given all of these factors, the homecraft provision ofthe By-law would not allow sex workers to receive in-calls at their place of residence. However, theycould arrange outcalls from home. In addition to the fact that no customers are allowed into thehome, the provision that no “other objectionable effect” be produced by the business is a very broadcriterion, and may be used to prevent prostitution from being conducted in a sex worker’s residence.No offensive noise, odour, vibration, smoke, heat or other objectionable effect shall be produced ina homecraft. 127 Additional examples of objectionable impacts that may be relevant in the context ofprostitution include issues of security and availability of parking. 128In order to operate a business under the homecraft provision a business license must be obtained, buta development permit is not necessary. These business licenses can carry various restrictions. For example,a City of Vancouver staff person advised that a person working from home can be required to renew thelicense at an interval designated by the City, which allows the City to review the effects of the business onthe neighbourhood and determine whether to renew the license.Both male and female sex workers of all types reported that they would like the ability to work ina residential setting; many of them would like to be able to work at home with one or more other sexworkers, but this is not permitted under the rules of the homecraft provision:A. You know, probably more likely would, along with another girls – I’m not saying I’mdoing this – but I’d rent an apartment, split the rent with a girlfriend, and that’swhere we’d do our in-calls.- female off-street out-call sex workerA. I don’t think a big place is good. I think allowing two to three women to work insmall, little bawdy-houses all throughout the city [is a good idea].- female off-street out-call sex workerA. I think that it [sex work] would successfully operate invisibly if there’s not an area[specific zone for sex work] because there could be very small houses with just one or afew workers.- male street-level sex worker124 Supra note 99 at s. 11.6.1125 Supra note 99 at s. 11.6.5.126 P. Mondor & J. Madden, “Policy Report: Urban Structure” (29 July 2003), online: Vancouver City Council .127 Supra note 99 s. 11.6.5.128 City of Vancouver, Community Services, “Live/Work and Work/Live: Vancouver Overview Including Strategic Directions” (May2001), online: .73
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