News

Home News

WTF, Backpage?

A screenshot of Backpage’s New York City escorting page as of 1/12/2017.

We all knew it was coming. With California Attorney General Kamala Harris filing a second set of multiple charges of pimping and money laundering last month against Backpage CEO Carl Ferrer and shareholders Michael Lacey and James Larkin, and with Ferrer and his shareholders’ Senate hearing coming up last Tuesday before the Permanent Subcommittee on Investigations, plus the trafficking hysteria-fueled media scrutiny Backpage had been under over the past couple of years—well, let’s just say that few of us were buying Backpage credits in bulk anymore. But most of us expected that the government would find some way to stop Backpage’s adult ads operation, however legally unlikely that might seem after years of efforts to do just that by law enforcement zealots. (After all, the California State Superior Court spanked Harris pretty hard verbally in last month’s decision on her first set of Backpage charges, reminding her that the Communications Decency Act specified that third party sites were not liable for their posters’ illegal content. And on Monday, the Supreme Court stated it would not hear an appeal on a similar Backpage case.)

But what actually ended up happening is that on Monday night, a few hours after the publication of a Senate report accusing Backpage of editing ads to minimize evidence of trafficking, Backpage execs decided to shutter their U.S. adult ads themselves as a free speech protest. Where the ads had once been, the site announces that they are “censored” by the government in a loud red font. Visitors are encouraged to speak out in support of the martyred site by using the hashtags #FREE SPEECH #BACKPAGE on social media.

That night, us sex workers collectively panicked, wondering how we would survive this month with no well-established national advertising site to garner low-end to middle-end escorting clients.

As usual, when powerful institutions decide to use the sex work debate for symbolic ammunition, it’s sex workers who suffer horrific real life consequences. Here, two competing neo-liberal agendas are clashing, indifferent to the material plight of the sex workers caught between them.

Sex Workers: YOU CAN AND SHOULD REQUEST PANDEMIC RELIEF

Eleanor Roosevelt at SheSheShe Camp for Unemployed Women in Bear Mountain, New York. (photo via wikicommons)

So we’re about a month into strip clubs being shut down. Before that, most in-person sex workers had already been worried about the potential of getting or spreading COVID-19 (the illness caused by the coronavirus) at work, and probably noticed a significant dip in business. Most times we’d be SOL when it comes to accessing unemployment benefits, since save for dancers at a handful of strip clubs, we’re not employees on payroll. But that changed when Congress passed the CARES Act in March, which expanded unemployment benefits to independent contractors.

There have been a lot of misleading screenshots and headlines implying that sex workers are excluded from pandemic relief. While it’s true that some adult entertainment businesses are theoretically excluded from the Small Business Administration’s disaster loans, sex workers as workers are just as eligible for stimulus payments and the expanded unemployment assistance that’s out there as any worker. Even if you’ve been operating as a business, you’re eligible as a sole proprietor to apply for unemployment now (Unfortunately, that only goes for citizens and permanent residents. If you are an undocumented worker in need of help, there are a lot of sex worker mutual aid funds that are prioritizing workers who can’t access government aid. Here are a few lists of those funds and resources for finding help. This COVID-19 resource post from Kate D’Adamo on Slixa also has information on other types of help available for all workers, as well as some myth busting on those Small Business Administration loans—you can still apply, and though there’s a chance you’ll be denied, you might just get it. “The definition of that term [“prurient sexual performance”] is based on the application of what’s called the Miller obscenity test,” D’adamo writes, “and a lot of things are actually fine – sex shops, sex educators, probably even strip clubs. Where it gets trying is anything involving the internet, because of competing court decisions that the Supreme Court hasn’t weighed in on.” D’adamo also notes that the whole process is a “clusterfuck” because banks don’t have enough information from the Fed to process applications, and “no one’s getting shit from anyone anytime soon, prurient sex-related or not.”)

There are two main types of assistance for individuals available: The one-time $1200 ($2400 for married couples and an additional $500 per child) Economic Impact Payments from the federal government, and the expanded unemployment benefits that cover the self-employed. Unemployment benefits are administered at the state level, so you’ll need to find your state’s unemployment website to start a claim. Maybe you’ve heard that the pandemic levels of unemployment have swamped unemployment claims? It’s not a great process to begin with, and having to revamp the whole deal hasn’t gone quickly or smoothly. But it’s a good idea to go ahead and start on the process. Supposedly workers will be able to get back payments, so try to get records of everything you can dating back to when you had to stop working due to the pandemic.

Here’s how to get started.

Social Media, Zola, and the Sex Worker Horror Story

Screen Shot 2015-10-28 at 10.35.59 PM
The headline at Jezebel.

By now, you’ve probably heard the story of Zola and her fabled strip trip to Florida with her new friend, Jess. If you haven’t, the story was told in a series of dramatic tweets by Zola, AKA twitter user _zolarmoon. In it, she spins a story that’s so intense and absurd that it’s hard to believe. In sum: she reluctantly agrees to take a work trip with her new pal, Jess, to Florida. Things immediately go wrong in a variety of terrifying ways. Zola’s narration of the journey is flippant and casual. She saw a lot of humor in the events that allegedly occurred.

The series of tweets were so flagrantly wild that they exploded on Twitter—at one point her story was (and still may be) trending worldwide. The story was picked up and regurgitated by your typical new media blogs: Fader, Buzzfeed, Complex, and, Jezebel (the list is still growing). It’s not surprising that Zola’s narrative was embraced so thoughtlessly. It contained the trappings of a good story that the new media elite thrive on, a perverted version of the who-what-where-when-why-how I learned about in journalism school: sexy pictures, nefarious and criminal doings, content that could be quickly mined and embedded, and, uh, Florida.

Sex worker Twitter did not appreciate the Jezebel piece. It triggered a familiar dialogue about the intersection of social media and journalism. What, ethically, is public record? Is Zola’s Twitter account public record? Jia Tolentino, the author of the story, argued that YES, it is. And further, the original tweets themselves had been shared hundreds of timesso who cares? The story went viral. Deal with it.

The People vs. Kimberly Kupps

Though she’s been an adult entertainer since the 1980s, Kimberly Kupps is currently best known as half of the Florida couple who were arrested for shooting porn in the privacy of their own home. Like me, Kimberly operates her own independent porn site, so it’s a case that definitely caught my attention. Some sex workers mistakenly view porn as legal, easy, and even dismiss it as “sex work lite,” because supposedly, those of us who make porn don’t break any laws and face no risk. As a pornographer, even if you are trying to stay within the bounds of the law and don’t shoot anything “extreme,” you can find yourself dealing with an obscenity prosecution, as Kimberly and her husband have learned this summer.

The pair was arrested on June 3rd by their local Polk County Sheriff, who is going after them as a part of a war on porn to clean up the conservative area. (Sheriff Grady Judd is also facing a federal civil rights lawsuit for allegedly harassing another local woman for her atheist organization.) Kimberly and her husband are being represented by well-known first amendment attorney Lawrence Walters. Walters is donating part of his fee, but there are still plenty of costs being incurred with mounting a strong legal defense, so Kimberly has set up a defense fund. Although their computers were seized by the police, Kimberly recently took the time to do an interview with me from her iPhone.

From SWOP’s Official Statement on PWL

One of the most disappointing aspects of this story has been AIM’s response. While quick to defend their own organization, calling themselves victims of a security breach comparable to the hacking of the Pentagon and virulently noting that not all the information on the site came from them specifically, there has been no discernible effort made to notify the victims that their information has been made public. […] Sex workers want a medical center tailored to the specific needs of the sex industry, including protection of anonymity.”

Read the entire press release here.