Labor Law

Home Labor Law

Nevada’s Brothels: Legalization Serves The Man

via Flickr user Craig Walkowicz
via Flickr user Craig Walkowicz

One of the many questions OkCupid users can answer to determine compatibility with potential mates is “Should prostitution be legal?” The answer options are:

  1. Yes, absolutely
  2. Yes, only if it were regulated
  3. I don’t think so
  4. ABSOLUTELY NOT (emphasis theirs)

In my four years of using the site, I’ve noticed that those who choose answer “2” frequently add something in the comments about regulations being necessary to protect workers from harm. Somewhat less frequently someone comments that regulations protect the health and general well-being of the public. My sample size is, of course, limited, but that thinking isn’t all that different from members of the general public who support legalization. Legalization, the thinking goes, would protect the public from the perceived health risks associated with prostitution by mandating testing, provide states with tax money (which relies on the false assumption that sex workers don’t currently pay taxes) and would control when and where sex work could be done. And, if prostitution was legal, sex workers would be safer because they would feel more comfortable utilizing the criminal legal system.

What they forget is that we have an example of legal prostitution in the United States: regulated, licensed brothels in the state of Nevada. While legalization provides benefits to the state, the workers are still treated as second-class citizens. Nevada has been home to brothels since the late 1800s, and the first licensed brothel opened there in 1971. Currently, there is no statute explicitly stating that prostitution is legal, but under state law, counties in Nevada with populations under 400,000 can allow brothels. These brothels are the only places in the United States where one can engage in legal prostitution, and the people doing this work are governed by three different sets of regulations: state laws, county laws and brothel rules.1 While the state laws are easy to access and review, county laws are less so, and brothel rules are not available to the public. The small size of the counties and towns that the brothels are in means that rules frequently change depending on the mood of the sheriff. This form of legalization is a combination of modern business law and Wild West attitudes.

Stop AB1576: Compulsory Condom Use Won’t Make Porn Performers Safer

astopab1576
(Photo pf Chanel Preston by Mickey Mod)

Tomorrow the California Assembly’s Appropriations Committee will vote on AB 1576 , a bill that would mandate condoms for all penetrative sex acts in porn. It also requires porn companies to indefinitely carry medical records for each contractor they shoot, and the vague language of the bill leaves room for Cal-OSHA to also mandate barriers, including protective eyewear and gloves, as well as disposable plastic covering for sets, so that performers can enjoy fucking on a Saran Wrap-covered couch.

This legislation presents itself as advocacy for sex workers’ healthcare, despite a majority of adult entertainment workers opposing it loudly and clearly. The bill’s sponsor, representative (and former minister) Isadore Hall and major supporters the AIDS Healthcare Foundation have refused to take the voices of the community into account, instead collaborating with such organizations as Pink Cross, a Christian ex-porn performer nonprofit.

You Cannot Consent To Being Treated Illegally: An Interview With Corinna Spencer-Scheurich

IWW
Together we can be the ones doing the shakedown. (photo courtesy of Tobias Higbie, from Industrial Pioneer, Februrary 1924)

I’m currently in the beginning stages of suing local Portland strip club Casa Diablo. So of course when last fall the Oregon chapter of the National Association of Social Workers hired lobbyists from lobbying firm Pac/West to find out what protections strippers need and to craft a bill that offers these protections, I was very interested. But by the second meeting it was clear that as far as knowing strippers’ rights was concerned, both groups were starting from a blank slate.

To clear the matter up, I talked via e-mail to Corinna Spencer-Scheurich, a lawyer from the Northwest Workers’ Justice Project, an Oregon organization that represents workers in wage claims, does education and outreach about wage theft, and works on other ways to promote human and labor rights. This fall, Spencer-Scheurich represented a dancer in a lawsuit against Portland club Rose City Strip, which won in arbitration. She’s also done two presentations on the legal rights of strippers for SWOP-PDX.

Red: In most of the country, strippers are working thinking they’re independent contractors.  But are they really?  We’re winning these lawsuits for employee status across the country—Rick’s, Sapphire, Spearmint Rhino, Rose City—what are the indicators of independent contractors status?

Corinna Spencer-Scheurich: Those are a lot of big questions so let me see if I can break it down.  Many workers (including dancers) are treated as independent contractors, when they are actually employees. This happens in a lot of industries.

Red: Like FedEx drivers it turns out! And Uber drivers.

Spencer-Scheurich:  Exactly.  So this is a big problem overall.  It is especially rampant in the exotic dancing industry. Clearly, there are independent contractors who are dancers. The clear cases are where people are headliners or traveling acts, etc. Where they are their own business entity separate from the club. But, there are many more dancers who are employees. And those are the cases that you are seeing dancers bring across the country.

Red:  So to really be an independent contractors would you have to be registered or licensed as your own business?

Spencer-Scheurich: That would be one hallmark of an independent contractor. Another might be that the dancers could actually negotiate their contracts (instead of everyone [being] subject to the same rules).

Red:  So being able to change prices for dances, or [deciding] when they show up to work and leave?

Spencer-Scheurich: Right, the less control the club has over the dancer, the less likely the dancer is going to be an employee. So, you are more likely to be an employee if you are subject to fines, can’t set your own schedule, have to dress a certain way, can’t control how you are paid, etc. No particular factor determines whether you are an employee or [an] independent contractor. Courts just look at the whole picture. One big piece of the whole picture is whether the dancing is an integral part of the club’s business. As we know, strip clubs need strippers.