Sex Workers: YOU CAN AND SHOULD REQUEST PANDEMIC RELIEF

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April 14, 2020

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.

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Criminalizing Their Choices: Following Up on AB 1576

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Caty Simon

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June 17, 2014

Now that California’s AB 1576—which would mandate condom use on porn sets—is in committee in the California State Senate, we wanted to follow up on our earlier coverage of the legislation. We asked two progressive porn performers, Jiz Lee and Conner Habib, about how they felt the proposed law would affect the future of California porn.

Jiz Lee is a genderqueer porn performer known for their genuine pleasure and unique gender expression. In the past nine years, Jiz has worked in over 200 projects spanning six countries within indie and mainstream adult genres, and balances sex work by working behind the scenes at Pink & White Productions, as well as writing and speaking about queer porn as a medium for social change.

Conner Habib is an author, gay porn star, and lecturer. His book, Remaking Sex, will be released in 2015 by Disinformation. His Twitter handle is @ConnerHabib.

Do you feel that AB 1576 will be helpful to porn performers?

Jiz Lee: Not at all. In fact, it will only be harmful. It legally controls (“forced consent”) the way performers have sex, eliminating—and criminalizing—their choices. It also creates major legal concerns that would force productions out of the state of California, creating relocation, decreased work opportunities, and other difficulties for performers and people working behind the scenes. Testing and barrier use is great! I should know! I’m a performer who is in the minority; because I perform infrequently and like to use my work to promote pleasure and safer sex practices, I often prefer to use barriers. I value having the choice to use risk-based assessment to practice safer sex, something I do on screen, and off. But this bill would do nothing to actually ensure safer practices and only make the situation worse. Having attended the Appropriations Hearing in Sacramento, it was obvious that the AHF and AB 1576’s sponsor, Isadore Hall, had no interest in listening to performers’ needs, including those of over two dozen industry professionals who traveled to City Hall to testify. It was incredibly disappointing.

Conner Habib: No!

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Today in Absolutely Horrible: SC Stripper Shot At Strip Club Denied Worker’s Comp

By

Bubbles

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September 6, 2012

The strippers at Tits and Sass have gone on record as being, in general, in favor of independent contractor status for strippers, because we like working at will, not having to be on a rigid schedule, having the ability to travel and work when the whim strikes, not turn over most of our money to the club, and taking Schedule C deductions. There have been a lot of lawsuits filed by strippers seeking to get paid back wages from clubs, and what usually happens is they are determined to be employees (because, honestly, most clubs do treat dancers like employees, mandating shift times and other controls over work), they get paid a small settlement, and the strippers still working at the club or clubs named in the suit inevitably wind up paying more to the club than they did before.

However, the one time we’d actually WANT to see a court determine that a dancer had employee status, as, again, almost inevitably happens, the South Carolina Court of Appeals finds her to be an independent contractor. The reason she was seeking employee status? To collect worker’s compensation after she was SHOT IN THE CLUB in 2008. This is absolutely horrible.

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

By

Red

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March 24, 2015

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.

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The Racism of Decriminalization

By

Nada Zenith DeCat

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March 28, 2019

“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.

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