Sex worker activist Velvet Steele speaks at a June 14th Red Umbrella rally in Vancouver. All photos courtesy of the author.
On June 4, Canada’s Justice Minister Peter MacKay introduced Bill C-36. According to the Pivot Legal Society, this legislation will, if passed, criminalize “the purchase of sex, communicating for the purpose of selling sex, gaining material benefit from sex work, and advertising sexual services.” It would be functionally impossible to establish brothels, agencies, and sex worker collectives legally under the proposed legislation. This legislation is markedly different from the existing prostitution laws, as buying or selling sexual services has never been a crime in Canada. The Conservative government is adamant that this situation should change. According to MacKay, prostitution is inherently harmful and passing Bill C-36 will provide law enforcement the tools they need to go after “the perpetrators, the perverts, those who are consumers of this degrading practice.”
Bill C-36 comes on the heels of the Supreme Court of Canada’s unanimous decision which struck down Canada’s existing prostitution laws last December in the Bedford case (after Terri-Jean Bedford, one of three sex workers who brought the case before the courts). The laws the Court struck down were: communicating for the purposes of prostitution, living off the avails of prostitution, and keeping a common bawdy house (which is legalese for brothel, in this context). In their ruling, the judges declared that the laws were unconstitutional because they interfered with sex workers’ ability to take steps to keep themselves safe. The right to life, liberty and security of the person is guaranteed under Section 7 of the Canadian Charter of Rights and Freedoms, and the prostitution laws were found to violate sex workers’ ability to exercise these rights. In their ruling, the judges explicitly state that “Parliament has the power to regulate against nuisances, but not at the cost of the health, safety and lives of prostitutes.” They also maintain that “a law that prevents street prostitutes from resorting to a safe haven”—an indoor work space—“is a law that has lost sight of its purpose.” [READ MORE]
(Image via Melissa Gira Grant’s twitter account)
You might recognize this sentiment: the sex workers’ rights movement is funded by “the industry.” We are “the pimp lobby,” whether we’ve ever been in any sort of management role ourselves or not, let alone whether we’ve abused or exploited other workers. You might think it’s pretty easy to laugh at that sort of thing, but if you’ve ever spent any time going through the e-mails that sex workers’ rights organizations receive, you’ll hear a lot of this, even from people and organizations who are sympathetic. They’ll make assumptions about “staff”—”we want to meet your staff”—or they want to meet in “your office.” There are people who try to chat you up about nonprofit careers at events, thinking you have jobs to offer them. And so on. It would be funny if it weren’t so frustrating, and if people with nasty motives didn’t use these assumptions against us.
It’s human to overestimate the resources of others and to underestimate one’s own. But let’s have some real talk.
Management doesn’t want to fund the sex workers rights movement. They do not have an interest in our vision for social change beyond issues of their own legality. Don’t believe me? This is management in action, or more specifically, strip club managers in action, allying themselves with anti-trafficking organizations. Management-directed organizations want to cover their own asses and reap benefits from the REAL money spigot, the anti-trafficking movement, of the “End Demand” variety, funded by former ambassador and current filthy rich lady Swanee Hunt. You’d see the same from escort agencies if they were legal, and you already do see the same from the legal Nevada brothel industry. As it is, some of the individuals in sex work management give us mild, conditional support, sort of the same way clients do. You know the story—they have many more demands than they do contributions. I have never seen any of them donate money.
Radfems, the “pimp lobby” is pretty firmly on YOUR side on this one.
This weekend, the 3rd Circuit Court of Appeals upheld the Texas pole tax against an appeal that charged the tax was an improperly utilized “occupation tax.” Officially known as the Sexually Oriented Business Fee, the tax requires strip clubs to pay $5 per patron to a fund for victims of sexual assault. While similar taxes have been passed in other states, Texas was the first to pass one in 2007, though it’s been continuously challenged in court.
Just last week, Comptroller Susan Combs said she’d start aggressively pursuing clubs that weren’t paying the tax, although she did not mention whether she would be going after the other businesses it targets. The tax is supposed to be collected from the door of any premise hosting adult entertainment.
From the Texas Administrative Code:
(3) A business that holds occasional events described in subsection (a)(3) of this section, but does not habitually engage in the activity described in subsection (a)(3) of this section is liable for the sexually oriented business fee for those occasional events. For example, a nightclub that hosts a wet t-shirt contest is liable for the fee based upon attendance during the event.
The bar manager at the Palm Street Pier on South Padre Island said that while they’ve had wet T-shirt contests in previous years, they didn’t have one in 2014 because “no one showed up.” She said that they have never been asked to pay the SOB fee on previous years’ contests. I’m waiting on a reply from Austin club ND as to whether they were asked to pay it for nights they held “Twerk For A Stack” contests. One club that isn’t a strip club, Tony’s Corner Pocket in Houston, appears on the comptroller’s rolls as having paid each year the tax is in effect. They have occasional amateur strip contests and it appears that this is what they’re paying on, making them the most scrupulous bar in the state, since no other non-strip club appears in the payment records. [READ MORE]
(Image via the Stigma Project)
With thanks to members of SWOP-USA
Laws that criminalize HIV exposure are supposed to benefit public health, but in practice are extremely harmful to public health and to the targeted HIV-positive individuals. Sex workers are highly vulnerable to these laws, which sometimes target HIV-positive prostitution specifically. Many require forcible HIV testing, and sometimes they simply criminalize HIV but in reality are applied to sex workers more frequently than to other populations.
The criminalization of HIV-positive sex workers and mandatory post-arrest HIV testing arguably violates international human rights treaties signed by the United States. Treaties with applicable provisions include the International Covenant on Civil and Political Rights (ICCPR) and the International Convention on the Elimination of All Forms of Racial Discrimination (ICERD), specifically their provisions on privacy, rights to equality before the law, and sanctions against inciting hatred and racial bias. Recent forced HIV testing in Greece provoked outrage among international human rights organizations such as Amnesty International and Human Rights Watch. WHO/UNAIDS (World Health Organization/the Joint United Nations Programme on HIV/AIDS) made a statement opposing forced testing. It is widely accepted that best practices for HIV testing, with the best public health outcomes, involve three key principles—consent to testing, the provision of counseling before and after testing, and confidentiality of results. The imposition of felony offenses on individuals who are said to be engaging in sex work while living with HIV punishes members of already vulnerable communities. They are prosecuted even when they use condoms and engage in less risky forms of sex with their partners, sometimes even if they have disclosed their status to their partner. Information about their HIV status, sometimes accompanied by photographs, is often distributed widely by the media in their communities, placing arrestees at risk of retaliation and other abuse. This incentivizes avoiding testing and does nothing to encourage treatment or safer sex practices. [READ MORE]
Despite ample warnings about the prevalence of con men seeking to prey on easily malleable puppets like me, it is indeed a sad truth that I almost became the victim of a murky, seedy, dark, sex trafficking ring operated by equally murky, seedy, dark (-skinned) men. Eww! As we all know, prostitution—er, sex trafficking?— is never a victimless crime. Physical violence against prostituted women is underreported, which can only be true because…feminism! Indeed, all fact-based evidence to the contrary should be deeply scrutinized using right-wing silencing tactics and progressive rhetoric, ie: “You can’t possibly speak to your own experiences because your experiences perpetuate violence against women.” Furthermore, prostitution and sex trafficking are synonyms because if you disagree with that statement, you’re a pedophile! So, if you want to end modern day slavery worldwide, don’t talk about structural constraints like poverty or growing discrepancies in wealth. Instead, let the logical fallacy of “appealing to emotion” be your guide and, please, listen to my super sad story.
As a woman who dabbles in psychotropic drugs like cannabis and occasionally listens to rap music—both of which, mind you, glamorize “The Game”—I should have taken heed of cultural mouthpieces’ contentions that even consensual sex for girls like me is not consensual at all. That’s why academics, the state, and philanthropists must define consent for me. Of course, being the rebel that I am, I ignored all this socially inflicted self-doubt and left the house alone, anyway. Full disclosure: I was wearing a short skirt and was slightly tipsy off a glass of wine, so I alone am responsible for any and all violence encountered. But since I clearly suffer from false consciousness—I would have worn pants, after all, had I not suffered this insufferable condition—I am certainly incapable of being held accountable for any of my actions, ever. [READ MORE]