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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.

Interview: Porn Performer Sadie West

image via New Sensations

To know Sadie West is truly to experience an enigma. The girl has an exceptionally deep voice and her rumbling laugh will drop to a whisper, unexpectedly. She is an outrageously attractive woman with full natural lips, huge green eyes, deep olive skin, and dark hair. Her breasts are real as is her round, full bubble butt.

Beneath this outwardly goddess-like woman is the little girl that I knew and grew up with. This rowdy tomboy stole my underwear and hung it on the clothesline for her brothers to see at the family barbecue. As kids we would play hide-and-seek late at night on the deserted high school campus, where we would often hide in the drainage sewer. We would spend afternoons at the public pool, Sadie speaking loudly in an English accent, yelling “bloody fuck!” off the high dive. When the new neighbors moved in next door to her parents’ house, she had them thinking she was an adopted British kid for at least a week.

Activist Spotlight: BARE on the Mass Closure of Strip Clubs in New Orleans

via BARE’s Instagram

An unholy mix of gentrification and trafficking hysteria created the perfect political climate to allow law enforcement to shutter several New Orleans strip clubs, leaving scores of dancers unemployed. The Bourbon Alliance of Responsible Entertainers rapidly sprung into action; they disrupted the mayor’s press conference and organized the Unemployment March the following night, which drew national attention. I talked to them about the situation in NOLA, their strategy, and their future plans.

So, to start, what is BARE? How long has BARE existed and what kind of activism does BARE do?

Lindsey: BARE is the Bourbon Alliance of Responsible Entertainers. We are an organization run by strippers, for strippers. I started coming to meetings a few months ago, but some of our members have been at this since the Trick or Treat raids of 2015. What we do first and foremost is provide a voice that’s been previously underexposed during the city’s assault on strip clubs: the voice of actual strippers. We’re attempting to work with city officials to influence policies and decisions that affect us. Outside of that, we really just want to foster community among dancers and show the people who don’t understand us that we are valuable members of the New Orleans community. During our first ever charity tip drive, participating dancers donated all of their tips from a Friday night’s work to a women’s shelter. Strippers literally paid that shelter’s rent for six months!

Lyn Archer: I arrived in New Orleans after being laid off from two seasonal jobs in a row, one in secretarial work and one in hospitality. I was on unemployment and got a job cocktail-waitressing at a Larry Flynt drag club. One night, a few weeks before Christmas, the club closed without notice and let everyone go. That’s when I saw how quickly fortunes could reverse on Bourbon Street and how little protection there is for workers. My first week on Bourbon, I was the likely the only stripper that didn’t realize that Operation Trick or Treat had just happened. I entered a work environment where strippers were scared, mgmt was over-vigilant, and customers were scarce. Everyone seemed confused about “the rules.” I later learned that’s because what’s written into the city code about “lewd and lascivious conduct” is different than state law and different than federal law. But these supposed “anti-trafficking” efforts are a collaboration of badges. Undercover agents from many offices move through the clubs. I began researching and writing on this for my column in Antigravity, called “Light Work.” I began to see how a feedback loop between press, law enforcement, self-styled “anti-trafficking” groups and civic policymakers can cause so much destruction for people they haven’t even considered. The club I started at was the first to close. The club was inside a building that was the house Confederate president Jefferson Davis lived in. The house I live in was the home of a Confederate general. We are working against, while inside-of, unfolding histories that are deeply, deeply violent. The more I learn about the history of sex worker resistance in New Orleans, the more I know this fight is lifetimes old and will replicate itself if we do not end it entirely.

Who Gets Left Out: Respectability Politics Round Table, Part One

(via Meme Generator)
(via Meme Generator)

“Respectability politics” has been a recurring phrase coming up lately in conversations within the sex workers’ rights movement. In discussions on and off the site we’ve had about drug using sex workers, sex workers with disabilities, survival sex workers, etc., we’ve been bumping up against this idea constantly. The Tits and Sass editorial staff decided to bring together a group of veteran sex workers’ rights activists and service providers and ask them how respectability politics ideology affected their work and how we in the movement can best counter these tropes.

How do you define respectability politics? How have respectability politics affected your service work in the sex workers’ rights movement?

Emma Caterine1: That’s a pretty broad question and Red Umbrella Project (at this time, we have been considering expanding to this role) is not a service provider, but let’s see if I can answer:

Respectability politics is something incredibly tangible in our legislative advocacy efforts. We are effectively told time and time again, although we are on the executive committee of the No Condoms as Evidence Coalition, that we shouldn’t “make it” an issue about folks in the sex trades. Which is a bit perplexing since there are two major populations whom the practice of using condoms as evidence affects in direct regular ways: those profiled as being in the sex trades and those who are in the sex trades. The former is comprised of identities associated with the sex trades both culturally and institutionally: trans women of color, gender variant people of color, low income women, undocumented women, etc. While it is certainly a travesty that these folks are being arrested, harassed, and even physically attacked by the police over carrying condoms, it has been extremely important for us at Red Umbrella to not imply that they are the ones who “do not deserve it,” since that insinuates that those in the sex trades deserve to be subjected to this oppression. Not to mention that the two groups are hardly mutually exclusive.

And it is certainly the attitude and language the decision makers (politicians and other public figures) have adopted when they do come out to support the No Condoms as Evidence bill: it will be prefaced with a “I in no way condone prostitution”, it will be followed by pulling one of the largest stings on clients of sex workers, or any number of methods or statements to absolve themselves of being in any way in support of something that is associated with the sex trades. You do have to buy into it to a certain extent though: I mean I was a well-dressed smiling trans woman who was ever so interested in what a staffer from DA of Nassau County Rice’s office had to say to us. His advice was important to our strategy for getting the legislation passed. But as a member of a peer-based group dedicated to empowering those in the sex trades, there needs to be a balance. Kathleen Rice and I won’t be getting coffee in the near future or posing for a photo op. I didn’t even give this staffer my card when he gave me his because outside of that meeting there is no utility in us interacting and I am not going to pretend there will be for the sake of respect. Because I don’t respect those who throw people in jail that are not only the people I am fighting for but also friends and loved ones. And in my experience confident adherence to your principles garners respect just as often if not more than playing to some idea of respectability.

TRENCHCOATx.com: Beyond Naughty Words Mad Libs

Current offerings on TRENCHCOATx
Current offerings on TRENCHCOATx

In March, Kayden Kross and Stoya launched TRENCHCOATx.com, a pay-per-scene porn site they describe as “curated smut.” The performer-run and owned site is powered by the vision of its two partners and stands in stark opposition to the search-optimized tube sites that are closing in on monopolizing porn distribution. As Stoya wrote about tube sites, “I believe the worst sorts of capitalists would consider Manwin’s behavior a win of the highest order.” She spoke to us last month shortly after the launch about the origins and intent of TRENCHCOATx and about workers seizing the means.

Stoya: For years, because we were both under contract together at the same company, on set or when we were signing stuff together or just like sitting at a coffee shop, we would do a lot of complaining about, “This is how it should be done, this is what I think would be the right process for having barrier-optional performance choices with regards to safer sex procedures like condoms and dental dams, how adult material should be described,” and our shared distaste for the way it was moving more and more to tags. Kayden described it best as “kindergarten Mad Libs of naughty words.” For years we’ve been both sitting there saying “This is how it should be and it would be perfect and magical!”