Labor Law

Home Labor Law

Blast From the Past: The San Francisco Stripper Wars

Hustler August 1997

This isn’t so much a blast from the past (although, I was shocked to learn that 1997 was fourteen years ago) as it is déjà vu (no, not the place with the three ugly girls). I randomly came across an old issue of Hustler last week because I had a part in an indie movie that takes place in the nineties and it was a prop. It contains an article written during the first round of stripper employee-status and back wages lawsuits that started in San Francisco, focusing on the legendary Mitchell Brothers O’Farrell Theater.

It was an interesting read despite the opening sentences: “Six nude nymphs rise into the air. Writhing together, they kiss and giggle, licking one anothers’ perfect pussies, nibbling nipples, tickling and fondling pert breasts.” What else do you expect when you have to sandwich something substantial in between a photo editorial of a woman whose “favorite pastimes” are “tanning, exhibitionism, and masturbating” (not that there’s anything wrong with that) and an illustration of Abe Lincoln with a raging boner? I learned a few things, most notably that very little has changed. The independent contractor vs. employee debate is just as relevant as ever.

The Racism of Decriminalization

“Place of Power.” (Painting by author from her finite gestures series)

Since I began writing this piece, both Scarlet Alliance and SWOP NSW have issued an apology to migrant sex workers for their part in the SEXHUM research. This is an unprecedented move in the right direction for peer organizations. I hope that there will be more attempts in the future to empower migrants and POC, including Aboriginal sex workers, toward self-advocacy. I also hope that in the future, such a statement and its denunciation of non-peer-led research will be initiated by organizations without the need for heavy internal and external pressure from migrant sex workers first. Indeed, I hope that no statements like this are necessary in the future because this complicity with typically unethical outsider-led research will cease to occur in the first place.

As sex worker activists we love pointing fingers at the anti-trafficking industry, whorephobic art and media, and researchers with save-the-whore complexes. Yet, the sex worker activist movement itself is similarly stigmatizing towards migrant POC sex workers. Our movement has promoted the New Zealand decriminalization model for decades without being critical of New Zealand’s criminalization of migrant workers. The global sex workers’ rights movement heralds decriminalization at all costs, while often overlooking the racism involved in its partial implementation. The argument is that decriminalization of sex work will end stigma and benefit all workers equally. However, POC migrant sex workers (PMSW) still experience stigma, raids, and racism within the purported decriminalized sex worker heavens of New South Wales, Australia and New Zealand.

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.

Pop Quiz: Can You Do This Stripper Math?

(image via Flickr user mauradotcom)
(image via Flickr user mauradotcom)

This post originally appeared in Maggie McMuffin’s personal Tumblr, All Jazzed Up Like A Catsuit Monarchy.

Here are ten basic problems that I frequently encounter at work. If they aren’t daily problems, they come up weekly or bi-weekly.

Remember to show your work as it appears in your head because you will be doing this math in the dark, in a hurry, with loud music playing.

If the question pertains to a club that works on percentages rather than a flat fee, please show your methods on paper so that if the manager tries stiffing you for 40 bucks you can show them your records. You may not get that 40 dollars but you can at least let them know that you keep track of your money so that they’ll be less likely to stiff you in the future.

Remember to keep track of each and every dance in your head in case a customer tries to argue about how much he owes.