When sex is work: organizing for labour rights and protections.
van der Meulen, Emily
RESEARCH ON SEX WORK IN CANADA tends to analyse the ways in which
the Canadian Criminal Code contributes to stigma, discrimination, and
violence toward sex workers. (1) The negative implications of
criminalization have been well documented in sexuality studies,
women's studies, policy studies, and criminal justice studies
research, not to mention by the courts themselves. In September 2010, a
pronouncement by the Ontario Superior Court of Justice (2) ruled that
the sections of the Criminal Code which seek to prohibit aspects of
prostitution are not congruent with the principles of justice as
protected by the Charter of Rights and Freedoms. (3) In effect, the
ruling supported the decriminalization of many common work-related
activities, for example: working from a fixed location, including
one's own home; hiring a driver or a bodyguard; and communicating
in public for the purposes of engaging a client for services. The
federal government appealed, and in March 2012 the Ontario Court of
Appeal released its decision which again supported partial
decriminalization. (4) The section of the decision regarding
bawdy-houses includes a twelve month stay, which gives policy makers,
politicians, sex workers, and labour organizers a limited amount of time
to make recommendations and decisions about how to best regulate and
organize indoor sex work.
While it is well documented that the criminalization of sex work
increases harm and violence, the specific effects of criminalization on
the organization of labour within the sex industry is considerably less
documented. (5) As Becki Ross argues, "sex-free labour studies
alongside work-free sexuality studies within Canadian social history has
meant that the rich registers of 'sexuality' and
'labour' have rarely been placed systematically in relation
to, and in tension with, one another." (6) As such, this article
broadens the scope of analysis related to sex work and criminalization
by looking at its labour-related consequences.
The arguments presented below have been supported and augmented by
the results of other research on sex work, (7) but have been derived
primarily from a study with twelve sex worker rights advocates in
Toronto, Canada. (8) This qualitative and action-oriented study was
designed and implemented with an eye to moving from research on sex
workers to research with sex workers. (9) Each participant had
experience in sex work advocacy, community development, and/or labour
organizing and all were past or present members of Canada's oldest
sex worker-run organization, Maggie's: The Toronto Sex Workers
Action Project. Of the twelve interviewees, nine self-identified as
women, one as male, and two gave no response; seven self-identified as
white/Caucasian, three as Black/Afro-Caribbean, one as Latina, and one
no response; eight were current sex workers, two were former sex
workers, and two were allies; the average age of entry into sex work was
twenty years old; and the average number of years working in the sex
industry was thirteen. Each of the current and former sex workers had
worked in a variety of sex industry establishments and sectors,
including street-based sex work, erotic dance venues, massage parlours,
independent escorting, and more. Their diversity of labour experiences
and many years working meant that interviewees were highly knowledgeable
about the organization of labour within the sex industry and about the
ways in which it can be improved.
The interview sample represented a small and targeted case study of
sex workers and allies involved with advocacy and labour organizing.
Given the diversity and heterogeneity of the sex industry, it is nearly
impossible to achieve a representative sample of all sex workers. (10)
Thus, this targeted focus allowed for those already involved in advocacy
efforts to reflect on the work they had been doing and discuss ways to
improve their labour situations. Interviews were semi-structured and
asked participants to discuss their ideal sex industry workplaces and to
make recommendations that could be implemented both pre- and
post-decriminalization.
Many of the recommended changes were either contingent on or
included formal and informal labour organizing strategies. First and
foremost, however, interviewees identified the importance of
conceptualizing sex work, in all of its diverse forms and labour
arrangements, (11) from a labour-orientation and rights-based framework.
Therefore, the article will begin by highlighting sex workers' and
allies' arguments that sex is indeed work. The article will then
present interview narratives through two thematic areas: (1)
"Changes Within Individual Workplaces" and (2) "Diverse
Strategies for Labour Organizing." The first thematic area,
focusing on workplace changes, includes such recommendations as
developing employment contracts, being able to access workers'
compensation, implementing anti-discrimination policies, receiving
payment for all services provided, increasing cleanliness, and
eradicating customary pay-outs. Owing to the diversity of establishments
and work arrangements, the sex workers and allies interviewed tended to
narrow their responses to workplaces that are already regulated through
municipal bylaws and have employment structures that more closely mimic
typical employer-employee relationships. As such, their recommendations
for change focused primarily on massage parlours and erotic dance
venues. The second thematic area, which highlights sex workers'
strategies for labour organizing, includes suggestions for multi-level
and multi-pronged labour organizing approaches in addition to
small-scale and informal grassroots initiatives, sectoral and
professional associations, and formal unionization.
When Sex is Work
WHILE SEX WORK RESEARCHERS (12) and the international sex
workers' rights movement (13) have been vocal in their
conceptualization that sex work is a type of labour, this understanding
has not fully permeated popular and mainstream discourse. Instead, the
position that sex work is inherently risky and exploitative has tended
to dominate much public (14) and policy debate. (15) These debates are
particularly salient within the women's movement, where
anti-prostitution feminists (16) have been vocal against
decriminalization, (17) arguing that prostitution is a "global
practice of sexual exploitation and male violence against women that
normalizes the subordination of women in a sexualized form." (18)
The anti-prostitution analysis focuses predominantly on the street-based
trade, despite research that shows street-based work makes up only 5-20
per cent of a city's sex industry. (19) It also tends to focus on
the over-representation of Aboriginal women, (20) and thus Indigenous
sex workers are deemed in need of "saving". Indigenous people
in the sex trade and their allies, however, are providing more nuanced
analyses and decolonizing approaches, (21) creating Indigenous-specific
harm reduction and rights-based programs, (22) and arguing that
decriminalization can be beneficial for Aboriginal sex workers:
[Decriminalization] has the potential to actually mean less
violence for Indigenous communities, not only because it allows for
safer working conditions for sex workers, it also means less police
interference. Given that Indigenous communities face racial profiling
and police brutality as an everyday lived experience, as well as
extremely high rates of incarceration, this is of utmost importance to
our safety. (23)
Overly simplistic anti-prostitution analyses that advocate for the
eradication of the sex industry thus tend to ignore the complex and
multifaceted organization of labour within the sex industry as well as
sex workers' diverse experiences working within it. In recent
decades, in part in response to the anti-prostitution lobby and in
solidarity with a sex worker's rights framework, there has been a
growing body of research and publications in support of a paradigm that
locates sex work as productive labour. (24)
Karl Marx's early analogy of prostitution to labour has been
credited as influencing subsequent labour theorists, primarily feminist
labour theorists, to further develop the conceptualization that sex is
work. While Marx saw prostitution, along with other forms of labour, as
inherently problematic, his comment, "prostitution is only a
specific expression of the general prostitution of the labourer,"
(25) opened the door for others to similarly analogize sex work and
prostitution to labour. Notwithstanding Marx's stigmatizat)on of
prostitution as an example of the derogating nature of labour overall,
his theorization, and the way it has since been taken up and
interpreted, has had an important influence in evolving a "sex is
work" paradigm.
Building on Marx, and developing a nuanced analysis of emotional
labour as integral to women's productive labour, Arlie Russell
Hochschild has similarly had a profound influence on contemporary
conceptualizations of sexual labour. (26) While her original analysis
centred on the work experiences of flight attendants, her explication of
emotional work has been adopted and applied to the context of sex work.
(27) For example, drawing on Hochschild, Wendy Chapkis argues that the
"ability to summon and contain emotion within the commercial
transaction may be experienced as a useful tool in boundary
maintenance." Utilizing interviews with Dutch and American sex
workers, Chapkis notes that strategies of contained emotional
"boundary maintenance," or the creation of a work persona, can
provide sex workers with a sense of professionalism and control. And
though Chapkis concedes that the performance of emotional labour can
have negative consequences for the worker, she argues that sex workers
are no worse off than other emotional labourers, harking back to
Marx's notion of the general prostitution of the labourer. Chapkis
further draws on Hochschild in arguing that if sex workers were afforded
greater control over their workplace conditions, they may experience
greater workplace satisfaction. (28) As this article will make clear,
theorizing sex work as a form of work which may require affective, (29)
emotional, (30) and/or intimate (31) labour is imperative for the
advancement of sex workers' rights and for improving labour
standards within the sex industry.
Many of the sex workers and allies interviewed for this paper
advocated that a fundamental shift in understanding sex work as work was
necessary in order for tangible workplace improvements to be implemented
and enacted. They argued that without a transformation in the ways in
which sex work is conceptualized, it will be difficult, perhaps
impossible, to establish and maintain workplace rights and protections
that are in sex workers' best interest. Indeed, how sex work and
sex workers are conceptualized directly informs how sex work and sex
workers are regulated and organized. Therefore, the current social
conception of sex work in Canada needs to shift from a discourse in
which sex workers are seen as exploited victims (32) to a discourse of
sexual labour. For example, when asked what kinds of social and/or
legislative changes were necessary to improve rights and protections,
one interviewee argued:
Any changes to be made need to be based on taking into account that
the woman is a worker [and] should be the subject of rights.--Patricia,
sex work ally
The sex workers and allies were strong proponents of the idea that
sex work should be treated within the same frame of understanding,
should be accountable to the same types of regulations, and should
receive the same kinds of protections as other forms of work:
I think the same type of labour laws that apply now for other
industries would need to be put in place for the sex industry.--Lisa,
current sex worker
Just regular workplace standards that the government currently
handles, if they would take our complaints seriously, we would be in a
much better position than we are now. Just simply taking our complaints
seriously would help. The same folks are saying how awful and degrading
the work is but they aren't doing anything to improve those
conditions. They're blinded by their own moralism.--Alysa, current
sex worker
I feel that this point, the best we can do is within our own
communities, sex work communities and broader communities, is continue
to use the language of sex work and to present ourselves and
conceptualize issues in a labour context. So when we are talking about
safer sex, it's an occupational health and safety issue. When were
talking about violence against sex workers, it's an occupational
health and safety issue. Not just use the language, but really build
that construct and that understanding around our work and around our
activities so it's then construed and understood as work. Then you
start to build a bit of a snowball movement.--Kara, current sex worker
Conceptualizing sex work as a form of sexual labour could lead to a
social context in which sex industry establishments are more likely to
abide by labour legislation. Further, sex workers' attempts to
implement workplace rights policies might receive more support both from
their co-workers and from management when and if sex work is understood
in labour-based terms.
In this context, decriminalization and the removal of the
prostitution-related offences from the Criminal Code becomes integral to
the "sex is work" paradigm. The criminal sanctions against
bawdy-houses (section 210-211), managers, business operators, and
bodyguards (section 212), and public communication for the purposes of
engaging in prostitution (section 213) are antithetical to a
labour-based and sex worker rights framework. If one is not allowed to
work from a fixed location, nor to report to a manager or employer, nor
to engage in a discussion about the terms and conditions of services
offered, then organizing for labour improvements becomes secondary to
protecting oneself from criminal charges. That said, the sex workers and
allies interviewed suggested a number of changes that can be implemented
to improve workplaces prior to decriminalization.
Changes Within Individual Workplaces
SEX WORKERS AND ALLIES WERE ASKED to describe their ideal sex
industry workplace as well as what kinds of changes would be most
beneficial to achieve this ideal--both pre- and post-decriminalization.
A wide range of recommendations and suggestions were presented, the
majority of which centered on changes in massage parlours and erotic
dance venues. Interestingly, all suggestions revolved around basic
labour rights and protections that are often taken for granted in many
workplaces; no idealistic or impractical ideas were offered. For the
most part, suggestions centered on the establishment of employment
contracts, gaining access to workers' compensation through the
Workplace Safety and Insurance Board, the development of
anti-discrimination policies to protect against unfair hiring and firing
practices, payment for services provided, including stage shows and
cleaning duties, basic levels of cleanliness in areas for employees, and
the eradication of customary pay-outs and club fees.
For some of those interviewed, employment contracts in particular
were seen as a viable way to establish workplace rights. However, as
Canadian research on sex work has suggested, due to the criminalization
of many aspects of the sale of sexual services, "sex workers are
limited in their ability to enter into written employment contracts that
disclose their true professional responsibilities." (33) Yet, if a
sex worker's employment responsibilities are not fully articulated,
it limits his or her ability to organize for improvements.
New Zealand is often looked to as an example of state-supported
labour protections for sex workers. In 2003, it voted to decriminalize
the sex industry and to establish occupational and health and safety
policies to minimize harm and protect human rights. (34) In this
context, New Zealand sex workers can have employment contracts that
outline hours, benefits, wages, conditions, and duties, with one
significant caveat: that "a person may, at any time, refuse to
provide commercial sexual services, even if they entered into a contract
to provide those services." (35) This caveat supports the necessity
of sex workers' consent in their interactions with clients and is a
positive model that could be adopted in other jurisdictions.
In Canada, prior to decriminalization, limited versions of
employment contracts could still prove to be beneficial for sex workers.
Even if the contract does not stipulate the specific sexual services
provided, the very fact of the contract could provide protection from
unreasonable employer demands. The contract could also provide a record
of employment that could then be utilized to secure housing, loans, and
even further employment opportunities. As described below, the contract
is a way to prove one's income and employment status as well as a
possible springboard for internal employment negotiations:
Of course it would be wonderful to have an employment contract and
proof of income ... I know that not every [sex] worker would agree
because a lot of them don't want to pay taxes on that money, but I
would be happy to be able to claim my money so that I can get a loan or
whatever. I can't prove that I make very much money even though I
can pay for things. That frustrates me. How to rent an apartment becomes
a real problem. [...] If you have your employment contract in place then
you can start negotiating for something to compensate you for the hours
of work. [...] We need to have some legal grounds to be able to
negotiate.... Instead of having to wash all that laundry at the massage
parlour you can say no, it's not in my [contract].--Julia, current
sex worker
Employment contracts could also facilitate access to workers'
compensation through the Workplace Safety and Insurance Board if a sex
worker were to be injured at the worksite. For example, in currently
regulated sectors like erotic massage and dance, a contract that proves
employment status can be used to gain remuneration for work-related
harm:
If you fall and get injured at work there's a whole aspect of
compensation. There's a lot of injuries that happen, and I
don't mean in terms of violence, I'm talking about the high
heeled shoes or falling when you are a dancer or working at the massage
table or repetitive strain injury. [...] There's all sorts of
occupational injuries that happen outside of STI'S (sexually
transmitted infections), which are also a risk, but whatever, there are
other things that are much more pressing. The shoes, I tell you the
shoes! They cause a lot of problems with knees, back problems for
dancers, because they're on their feet all the time! Massage
attendants are on their feet all their time too, I'm not as an
escort, my shoes are only on for 10 minutes ... That's why I
couldn't survive as a massage attendant, my feet couldn't
handle it! --Julia, current sex worker
In addition to employment contracts and workers' compensation,
the sex workers and allies interviewed advocated for other changes
within individual workplaces. All of these recommendations could be
initiated and enacted prior to decriminalization and thus have an
immediate effect on sex workers' workplace satisfaction. For
example, as interviewees articulated, policies to prevent discrimination
are important:
Discrimination policies ... serious discrimination, racism, sexism,
ageism, homophobia, gender issues ... Those would be important. Just
because in this particular strip club, the majority of the women who
work there are 6 feet tall,blonde, blue eyes, DD b reasts, doesn't
mean that a woman who is 5'2, a brunette and a woman of color
wouldn't have the same rights to work there, or to even be hired
there, as anyone else. Because it is an industry of looks, right? So
those type of rules should be adhered to ... no one should be
discriminated against.--Lisa, current sex worker
Some of the equity rules, like the Black girl limit for instance,
the limits on the race of dancers in the club are unfair, and not very
reasonable either.--Alysa, current sex worker
Imposing limits on the number of racialized workers, sometimes
referred to as "the Black girl limit" as noted by Alysa above,
is not an uncommon practice in some sex industry workplaces. (36)
Racialized sex workers have identified the ways in which racism shapes
their experiences within the sex industry, from not getting hired or
being given the least desired shifts, to getting passed over by clients
or getting no clients at all, to being hypersexualized or eroticized, to
getting paid less than white sex workers for the same services provided.
(37) What this speaks to, again, is the importance of organizing for
labour protections to prohibit such discriminatory practices from
occurring. (38)
In addition to anti-discrimination polices, basic employment rights
like payment for services provided were at the top of most
interviewees' lists for workplace improvements and their ideal work
situation. Some of the sex workers interviewed expressed frustration at
not getting paid for their time spent on stage, in the case of exotic
dancers, or not getting paid for cleaning duties, in the case of massage
attendants:
I think it would be a good idea to offer pay for stage shows. [...]
I didn't mind nude dancing, but I know at least one of the other
women was really uncomfortable with it, for her own reasons, she
didn't want to be naked on stage for free.--Alysa, current sex
worker
All of our work [should be]paid for, which doesn't happen in
massage. The women in these parlors are doing laundry and doing these
things unpaid. They come to work for seven hours and they don't get
paid and that's appalling. That would never happen anywhere else,
it's ridiculous. [...] They clean and wash the floors and they
don't get even the $5.35 that waitresses get. They don't even
get that. And you hear a lot people crying about how sex workers are
exploited victims and everything, well they wouldn't be if they had
access to some of these labour protections! It's ridiculous. Sex
workers still have to come to work on time and listen to a manager. They
have responsibilities and things that they have to do, it's a job.
Especially because they are on a schedule and have to work a certain
number of shifts.--Julia, current sex worker
Research with indoor sex workers in Vancouver, British Columbia,
similarly found that in some establishments massage workers received pay
only when they saw clients and were made to perform duties such as
cleaning without financial compensation. (39) If sex work were theorized
and recognized as a form of work, sex workers would be better equipped
to make demands that all of the labour they perform should be adequately
compensated.
Interestingly, while some establishments expected sex workers to
clean without payment, in other workplaces lack of cleanliness was a
maior issue. (40) Many of the interviewees talked about the low levels
of workplace sanitation as a reoccurring problem:
A lot of the clubs" change rooms are appalling, they're
dirty. These are women who most of the time are naked and I don't
think that places have been cleaned in years, I'm thinking about
the changing room specifically because these are the places where women
spend a lot of time getting changed, talking, just relaxing. These need
to be comfortable places with air, that are clean, that have showers.
This is very demanding work--the women sweat a lot and a lot of these
places don't have showers. I've never seen one that has towels
so you need to bring your own towel.--Patricia, sex work ally
Interviewees also critiqued the system of mandatory pay-outs, tips,
and club-fees that many workplaces, formally and informally, support.
(41) Sex workers can be made to tip managers and various club staff,
which may or may not be documented; these tips can dramatically reduce
the amount of money sex workers take home after a shift. Interview
participants identified that the eradication of such tipping practices
would improve their workplace satisfaction:
Mandatory tip outs aren't fair--to the managers and sometimes
to the DJS--because basically it means is that the dancers are paying
all of the overhead. We are paying for stuff that the managers should be
paying for. They should be paying the employees and the other staff
members, not the dancers. --Alysa, current sex worker
If you only make $100 at night you might walk out with $20 after
you pay your club fees. Stuff like that has got to stop. Those clubs
make enough money.--Sasha, current sex worker
Diverse Strategies for Labour Organizing
ONCE IT WAS DETERMINED what kinds of changes within individual
workplaces would be most beneficial, the question was raised about how
to go about achieving these changes. Most of the sex workers and allies
interviewed had at least some experience being involved in a labour
organizing campaign or movement, ranging from localized and grassroots
workplace rights initiatives to engagements with formal unions. Some had
experience with labour organizing within the sex industry whereas others
had supported campaigns outside of the industry. Alysa, Renee, and Lisa,
for example, were part of unionizing campaigns while working at
mainstream businesses and organizations. Sasha's labour organizing
background was in the form of education and awareness through her sex
column and her burlesque performances. Patricia and Maria had both been
active in their academic union in addition to supporting sex industry
labour organizing campaigns as sex work allies. Keisha, Julia, Sarah,
and Robert had participated in labour rights campaigns and initiatives
through their involvement in a local sex workers' rights
organization. And finally, long-time sex worker activists Kara and
Valerie had both founded sex workers' rights groups and had been
involved in sex industry labour campaigns for many decades.
"The diversity of organizing experiences and backgrounds of
the interviewees allowed for rich suggestions and recommendations.
However, when asked specifically about the effectiveness of organizing
strategies, the interview participants had differing thoughts and
opinions. Perhaps because of the largely hypothetical nature of sex
industry labour organizing, due to the criminalization of many common
work-related activities, answers to these questions were songs, to the
bouncer for keeping his eye on potential aggressive clients, and to the
bartender, who the dancer might ask to pour a reduced amount of alcohol
in her drinks purchased by clients so that she can avoid getting drunk
at work. There may also be an elaborate system of fines charged to
dancers for showing up late, leaving early, or missing a stage show. the
least unanimous and coherent; some suggestions were in agreement and
others contradicted one another. In their responses, sex workers and
allies kept coming back to the same key concern: the difficulty of
labour organizing in a criminalized context.
Research with sex workers in Montreal and Toronto has revealed that
"since some aspects of their work are illegal, the women have
little recourse for negotiating their working conditions, and can lay a
complaint neither with a potential union, nor with the labour
board." (42) Certainly, it would be very difficult to legally act
upon some of the suggested changes put forward by the interviewees under
the current Canadian policy framework, or as one interviewee carefully
articulated:
One of the biggest problems around labour organizing and sex work
is how do you organize when you have to worry about not getting
arrested?And I think the people who do it are so admirable because they
are risking a lot.--Maria, sex work ally
Despite criminalization, many of the interviewers' ideas could
be initiated prior to legislative change. For example, a number of the
participants advocated in favour of small-scale and informal grassroots
initiatives to effect change:
... organizing at the grassroots level for people to say thank you
to the hooker on the street corner, saying "You're doing
really good work, you look really good tonight." Empowering in that
kind of way. Maybe that's what we need to do from a ground up kind
of place.--Renee, current sex worker
Others advocated working together within individual workplaces to
demand rights and protections:
I think that people who work in structured workplaces probably do
underestimate the impact they can have. [..] If everybody in a place
says, "We are leaving unless you do this ... "the owner might
just say "Fine, leave." But then [the owner is] stuck ... they
aren't going to make any money. --Robert, current sex worker
I think the smaller scale the better. Generally, a lot of sex
workers, myself included, don't like the idea of an overarching
authority telling them what to do in their own workplaces when they
might not know what the circumstances are specifically. So smaller
groups, maybe in-club groups might work better.--Alysa, current sex
worker
For the most part, however, the majority of those interviewed
advocated for a combined approach to sex industry organizing that would
include aspects of informal grassroots, .sector specific, and formal
unionizing strategies. It was argued that because of the variety of sex
industry work establishments and sectors as well as the diversity of
individuals working independently or for an employer or manager, labour
organizing should happen in diverse ways. Flexibility was seen as key to
achieving basic rights and protections, as this would accommodate
different sex workers' needs based on their work experiences:
I think there can be some overarching rights but there also has to
be something very specific to each sector. For example working out calls
is going to have different issues coming up than working in-calls or
massage parlors. There has to be something that would be specific to
each sector but at the same time having some kind of basic unifying
structure would be really beneficial.--Julia, current sex worker
One of the few truisms about the sex trade is that it's
extremely diverse. There are many different ways of working and many
different workers. There's not going to be one size fits all. [...]
One of my concerns around labour organizing and talking about guidelines
or standards is that I would not, in any way, want to promote or be part
of a building a system that excludes one group of workers at the benefit
of others. In concrete terms, that means that there's going to be
some workers in any sector who would rather be an employee than a
freelancer. There are some people who really want the security of an
employee job. [...] There are other people who want flexibility--they
want to come in when they want, they want to be independent contractors
... And those are really valid ways of working. In fact, one individual
might prefer one model at one stage of their career and a different
model at another. I don't see why there's a reason that we
couldn't have both. There are lots of industries where people work
in different ways. I could be an accountant at a big corporation or a
little organization--I get my weekly paychecks, my benefits--or I could
be a consultant or a freelancer. The other option is to be completely
self-employed. I think that there is room for all of that. --Kara,
current sex worker
Most of the sex workers and allies interviewed argued in favour of
some sort of large union structure to represent a collective sex worker
voice. This pan-sector, industry-wide organization was seen as an
effective way to bring together a range of sex workers in order to have
increased lobbying and political power. Even Canada's largest
union, the Canadian Union of Public Employees (CUPE), has advocated in
favour of sex worker unionization and decriminalization; at the 2001
CUPE National Convention a resolution (number 189) in support of the
decriminalization of prostitution was passed by its membership. (43) A
year later, in 2002, the Canadian Labour Congress (CLC), representing
over 2.5 million unionized workers across Canada, passed a resolution at
its National Convention that "called on the entire labour movement
to work towards supportive measures for sex trade workers."
However, within two years of these monumental resolutions the tone began
to shift and in 2004 a CUPE background paper supported sex workers'
right to unionize, yet simultaneously made clear that they were not
seeking to organize them due to "legal impediments." CUPE
states, "labour laws ... do not provide for the unionization of
autonomous or contract workers where there is no clearly defined
employer/ employee relationship. Also, it is unlikely CUPE could get
union certification for workers involved in what is essentially an
illegal activity." (44)
Given that sex workers do indeed face legal impediments to
establishing labour rights and joining unions, and as such are a
marginalized group of workers, CUPE and other formal labour
organizations are in a prime position to advance a sex worker rights
framework and advocate for decriminalization. Unfortunately, however, in
the early and mid-2000s, sex worker rights activists who were attempting
to build bridges with CUPE and the CLC found little support, and in some
cases encountered firmly closed doors. In particular, they recall the
anti-prostitution rhetoric advanced by the women's committees
within the organizations as being a detriment to sex workers'
struggles for labour recognition and also a major barrier to CUPE and
the CLC following through on their respective resolutions. (45) Since
then, not much has happened in the way of formal union support for sex
workers' labour rights despite the ongoing challenges that sex
workers face with criminalization and substandard working conditions. As
unprotected and unorganized labourers, sex workers are highly vulnerable
to police harassment and arrest for engaging in their common
work-related activities. If, as Marx once professed, all labour is
inherently problematic, unions and sex workers should be natural allies
in the fight for labour protections and decriminalization. In Canada,
this has not been the case.
Internationally, sex worker unions have been forming since at least
the mid1990s. For example, in 1996 Australian prostitutes working in
legal brothels in New South Wales and Victoria formed the first sex
workers' union under the Australian Liquor, Hospitality and
Miscellaneous Workers' Union. (46) In 1997, dancers at San
Francisco's Lusty Lady peep show voted to unionize with the Service
Employees International Union Local 790. (47) In the Netherlands, in
2001, De Rode Draad affiliated with the country's trade union
confederation. (48) Sex workers became the newest branch of Great
Britain's third largest union, GMB, in 2002; the International
Union of Sex Workers is now recognized by Britain's Trades Union
Congress. (49) Originally formed in 1995 in Buenos Aries, the
Association for Women Prostitutes of Argentina (Asociacion de Mujeres
Meretrices de la Argentina, AMMAR) is part of the country's largest
trade union, the Central de Trabajadores Argentinos (CTA). (50)
As the sex workers and allies interviewed for this article
articulated, a large union structure post-decriminalization could
negotiate for benefits and protections within different workplaces:
A giant union would be good because when I think about having one
huge union that would cover all industries would be that it would have
some of the harder things down pat--like health and safety stuff
Although, there could be different occupational health and safety things
based on being a dancer or being in massage. For some of those key
things like drug and health benefits I think there should be a large
union ... I think having a bigger union would be more effective than
having something small and independent where there is not much
accountability.--Keisha, former sex worker
Because there is power in numbers, so if we have one big union for
all of sex workers and then little divisions of that union, depending on
the sector of the industry--your porn sector, your escorting sector,
your street prostitution sector, your dancing sector--I think
that's what I would like. And then certain policies and procedures
within each one that are governed by a larger one for grievances ...
that's what we should have.--Lisa, current sex worker
A number of interviewees noted, however, that large-scale
unionization was a distant goal considering the more immediate necessity
of basic protections under criminalization. Others disagreed that a
large union structure would be able to effectively represent the range
of needs of sex industry workers. One interviewee supported an
overarching sex workers' rights movement, as opposed to a formal
union that would advocate for decriminalization, as he was doubtful
whether a formalized union could adequately respond to diverse
interests:
I think [a union] is good politically as a tool for
decriminalization and for solidarity but ... I don't think it is
afire enough tool for making specific changes in people's
workplaces. But again, I think there is a real value in a kind of
movement--the sex workers rights movement ...--Robert, current sex
worker
Similarly, other interview participants were sceptical of how
successful a large union structure could be given the internal political
dynamics and conflicts that can arise when many interests are being
negotiated:
I don't have that idealized "all of us unite" thing
going on. I know what happens when everybody gets together Ideally, you
have one massive union that everybody supports, and they are, like
"l don't care, she's my sister" That would probably
have to happen, but l don't know how well it would work out ... You
have a lot of that issue, where women aren't necessarily embracing
the positives ... the positive feelings about their job. They
aren't proud of it. It might be difficult to galvanize a whole huge
group.--Sasha, current sex worker
Getting everybody to agree on a collective agreement! [Laughter]
It's not impossible and I'm sure every sector, every union or
collective agreement that has been formed over the years in the history
of unions has had those struggles and challenges and they have risen to
the occasion and met them. You just do it. You just get through it.
We're not a bunch of idiots; I think we can manage to hammer out a
collective agreement amongst us.--Lisa, current sex worker
Most of those interviewed were supportive of the union structure of
formal sex work labour organizing but were also aware of the possible
barriers and challenges. The most common difficulty identified was the
stigma surrounding sex work. It was argued that because sex workers face
such high levels of stigma and discrimination, it is very difficult to
build a politicized movement in which all sex industry workers are
motivated to participate. As feminist labour theorists have noted, it is
not uncommon for women to lack a fully developed identity as a worker,
(51) or to lack a "worker consciousness." (52) In the context
of the sex industry, this distancing from one's labour is
compounded and includes a very real fear of discrimination and reprisal
from family, friends, and the law. Many individuals who work in the sex
industry do not want to be labeled "sex workers." Instead,
they may consider themselves "exotic dancers" or "massage
attendants" as these labels are seen to be less stigmatizing and
more professionalized. Therefore, the distancing of sex workers from the
sex workers' rights movement, and from a worker identity in
general, presents unique challenges for labour organizing:
A lot of the time strippers identify as dancers, artists,
choreographers and not as sex workers; some do, but not many. It's
a shame, because the most people that could come together would create
the most strength.--Patricia, sex work ally
Because of the stigma, if you say "sex work"for a lot of
these women they don't think of themselves that way. By and large,
they aren't politicized around sex work and this is really
something that they're doing because they need to make money or
because they are students or whatever. Understandably, they don't
take on that identity [...] They think it's not a real job because
it is so delegitimized in every possible way. They think this isn't
a job; it's just a quick way to make money, that's all it is.
They don't put it back into the realm of labour. [...] That happens
with all forms of women's work but in the sex industry more so. It
is totally delegitimated in the eyes of the workers themselves. They don
't see themselves as workers and they don't think about labour
rights or anything like that.--Julia, current sex worker
As the interviewees attest, shifting the discourse to one in which
sex work is a form of labour will be necessary not just to transform the
anti-prostitution rhetoric of sexual exploitation, but also to situate
an overarching labour framework within the sex industry itself.
Another challenge of unionization is the necessity of an
employer/employee relationship. It is commonplace in many sex industry
establishments for employers to classify sex workers as
"independent contractors" rather than "employees,"
despite the organization of labour within the establishment, which can
include a fairly typical managerial relationship as well as set hours
and duties of work. (53) As independent contractors, sex workers are not
eligible for Employment Insurance, the Canada Pension Plan, and
Workers' Compensation, nor can they join workplace group health
insurance plans. (54) While sex workers can be at a disadvantage due to
their classification as independent workers, agency owners, operators,
and employers benefit from not having "employees" insofar as
they can distance themselves from claims of procuring. Employers are
able to argue that they have no influence over the sex worker as it is
"up to the independent contractor to decide whether their work
crosses the line from massage or 'escorting' into sale of
sexual services." (55) Further, when sex workers are classified as
independent contractors, employers are not required to abide by the
provisions outlined in employment standards and occupational health and
safety legislation and they are not required to pay certain taxes. (56)
It is not always the case, however, that all sex workers would
benefit uniformly from employee status. Research on exotic dance, for
example, has shown that in some instances dancers may be financially
better off when categorized as independent contractors as opposed to
employees, despite other legal protections that come with employee
status. (57) Depending on the local licensing scheme and the club's
internal rules and regulations, as independent workers dancers can
sometimes maintain greater job flexibility, can garner higher earnings,
and do not receive tax deductions on their wages. Interestingly,
however, while an employer might define the worker as an independent
contractor, depending on the nature of the employment relationship, the
law might dictate otherwise. Workers at a variety of sex industry
establishments might unknowingly be entitled to all of the benefits and
protections of an employer/employee relationship as defined by
provincial law, including the ability to unionize, regardless of how
their employer classifies them. (58)
In instances where sex workers prefer not, or are unable, to join a
more traditional union structure, other avenues for labour organizing
include the establishment of sector-specific associations or
"occupational unions." (59) A dancers' association, for
example, might be more appealing for some sex workers to join as it can
carry with it an air of professionalism and legitimacy, thus potentially
mitigating some of the barriers to organizing created by social stigma.
Unlike other independent contractors, for example massage therapists or
realtors, sex workers are "not afforded validation through
provinciallyauthorized professional associations." (60)
Interestingly and surprisingly, however, when asked about which
organizing strategy, or combination of strategies, they thought would be
the most effective for establishing sex workers' rights (intra-club
grassroots organizing, sector-specific professional associations, or
large-scale unionization), only a few interviewees acknowledged
professional associations as potentially beneficial; most often they
focused on either grassroots intra-club changes or a large sex
workers' union. One respondent in particular raised concerns and
questions about what a sector-specific association would look like and
how it would function:
Professional associations ... my one concern would be, what sorts
of regulations or guidelines would be in place? Who would be determining
those, who would be enforcing it? Would we end up with a two or
three-tiered system where, for any number of reasons, some women choose
to or are able to comply and others do not?--Kara, current sex worker
Despite the concerns raised, associations or occupational unions
could prove to be effective lobbying tools for improved workplace
standards and protections. Learning a lesson from the history of
waitress occupational unionism in the United States, (61) sex workers
could organize into sector-wide governing bodies. In Ontario, sex worker
associations have tended to be exotic dance focused, for example the
Dancers Equal Rights Association of Ottawa-Carleton, the Exotic
Dancers' Rights Association of Canada, (62) and the Exotic Dancers
Alliance of Ontario. While under-resourced, and not particularly active,
associations such as these could provide important support and
mobilizing efforts for workplace improvements.
In addition to criminalization, stigma, and the employer-employee
relationship, another challenge to successful sex work labour organizing
is the transitory nature of the work. It is common for people to move
from one workplace to another and from one sector of the industry to
another. While this flexibility is desirable for many, as it allows for
individuals to work when, how, and where it suits them best, it can be
problematic for organizing:
One of the challenges with any sort of sex worker organizing,
whether it's within the labour context or not, is that it can be
very transient. Women go in and out of the sex trade, or they go in and
out and between sectors, or they move around geographically, so it can
be really difficult to get that sort of critical mass. -Kara, current
sex worker
As the interview excerpts suggest, participants were unanimous in
arguing that labour organizing, in one form or another, was essential
for improving sex workers' workplace conditions. That said, many
recognized that change can be slow and involves more than just
advocating and agitating for rights. It also involves broader struggles
and strategies for social and ideological change--in particular, if sex
work is not understood as a form of work, and thus remains criminalized,
then labour organizing is largely a contradiction in terms. Therefore,
decriminalization, along with the legitimization of sexual labour and
conceptualizing sex as work, are integral to any movement or organizing
for sex workers' labour rights:
What would it take for the laws to change? Huge public outcry. What
would it take for a huge public outcry? To change our ideas around sex
workers. [...] Attitudes around it needs to change--socially, in our
consciousness, in our community sense of what work is, what work is
valid ...--Renee, current sex worker
Legitimization of the work is probably at the forefront of any real
attempt to create [change]. Because once you have that then it's
easier to acknowledge certain protections.--Maria, sex work ally
Conclusion
THE SEX WORKERS AND ALLIES interviewed had contending views and
recommendations about successful labour organizing campaigns. However,
they were unanimous about both the necessity of such campaigns and in
their recommendations for basic workplace protections. They were also
unanimous that sex work is real work, often involving emotional labour,
and should be conceptualized as such. It is not surprising that there
were differences of opinion regarding how to improve their
labour-related situations. Given the diversity of sex industry jobs and
sex industry workers, creating labour solidarity among and within
sectors could prove to be a challenge. Thus, a multi-pronged approach to
organizing is a viable solution; diverse strategies for labour
organizing, such as grassroots activism, sectoral groups and
organizations, and formal unionizing, are all necessary
More specifically, grassroots organizing within individual
workplaces could be potentially beneficial for advocating for basic
rights, like employment contracts and payment for all services, whereas
sectoral organizations, for example a dancers' association, could
set standards across establishments. While some of the interviewees
advocated for small-scale workplace specific campaigns, the majority of
those interviewed were in support of campaigns for unionization.
Large-scale sex workers' rights organizing is important for
mobilizing large numbers of industry workers and supporters to lobby for
political and legislative change. Interviewers agreed that a galvanizing
force in support of labour legitimacy could effect lasting social
change. Even the sex workers and allies who presented concerns about how
effective a large union-type structure could be in individual workplaces
still saw the need for a unifying body of sex workers from across
different sectors. Perhaps most importantly, this panindustry
organization could advocate for decriminalization and legal reform.
While interview participants were vocal that decriminalization is a
necessary step towards labour legitimacy and establishing occupational
health and safety standards, the process of removing the
prostitution-related offences from the Criminal Code may take many
years, or as we have seen in Ontario, it may come in the form of a
pronouncement from the courts. (63) Given the recent court decisions and
the very real possibility that indoor sex work might be decriminalized
in the near future, it is especially urgent for the labour movement to
rise to the challenge of supporting sex workers' rights to safe and
equitable workplaces. The "sex is work" paradigm and
decriminalization will be key in the establishment and maintenance of
formal labour rights and protections for all sex industry workers. As
such, the labour movement must support the sex workers' rights
movement in its political and labour organizing efforts. By joining
forces, a sex workers' labour movement can have a profound
influence on social attitudes, policy development, and workplace
improvements.
The author gratefully acknowledges Kelly Fritsch's support and
editorial assistance as well as research funding from the Social Science
and Humanities Research Council of Canada.
(1.) John Lowman, "Prostitution Law Reform in Canada,"
Institute of Comparative Law in Japan, ed., Toward Comparative Law in
the 21st Century (Tokyo 1998), 919-946; Shari Allinott, Judith Boer,
Naomi Brunemeyer, Rielle Capler, DJ, Cristen Gleeson, Kerry Jacox, Kat
Kinch, Carol Liao, Karen Mirsky, Katrina Pacey, Laurie Pelletier, Julie
Shugarman, Elin Sigurdson, Ondine Snowdon, Kim Walton, Lisa Weich, and
Debra Woelke, Voices for Dignity: Call to End the Harms Caused by
Canada's Sex Trade Laws (Vancouver 2004); Jacqueline Lewis, Eleanor
Maticka-Tyndale, Francis Shaver, and Heather Schramm, "Managing
Risk and Safety on the Job: The Experiences of Canadian Sex
Workers," Contemporary Research on Sex Work, 17 (July 2005),
147-167; Glenn Betteridge, Sex, Work, Rights: Reforming Canadian
Criminal Laws on Prostitution (Toronto 2005); Leslie Ann Jeffrey and
Gayle MacDonald, Sex Workers in the Maritimes Talk Back (Vancouver
2006); Emily van der Meulen, "Illegal Lives, Loves, and Work: How
the Criminalization of Procuring Affects Sex Workers in Canada,"
Wagadu: A Journal of Transnational Women's and Gender Studies, 8
(Jan 2011), 217-240.
(2.) Commonly referred to as the Himel Decision, for Justice Susan
Himel who heard the case, or the Bedford Decision, for Terri Jean
Bedford who was one of the applicants.
(3.) Bedford v. Canada [2010] ONSC 4264.
(4.) The Ontario Court of Appeal agreed with the lower court's
decision that the provisions against bawdy-houses and "living on
the avails" of prostitution were unconstitutional. Where it
differed from the Ontario Superior Court was in the area of
communication in public for engaging in prostitution, which it deemed
not a violation of sex workers' Charter rights. See: Canada
(Attorney General) v. Bedford [2012] ONCA 186 at para 325-329.
(5.) Becki L. Ross, "Bumping and Grinding On the Line: Making
Nudity Pay," Labour/Le Travail, 46 (Fall 2000), 221-50; Chris
Bruckert, Colette Parent, and Pascale Robitaille, Erotic Service/ Erotic
Dance Establishments: Two Types of Marginalized Labour (Ottawa 2003);
Mary Childs, Sarah Ciarrocchi, Cristen Gleeson, John Lowman, Katrina
Pacey, Francois Paradis, Danica Piche, Emily Rix, Elaine Ryan, Elin
Sigurdson, Krista Sigurdson, Laura Track, Maia Tsurumi, Megan
Vis-Dunbar, and Lisa Weich, Beyond Decriminalization: Sex Work, Human
Rights and A New Framework for Law Reform (Vancouver 2006).
(6.) Ross, "Bumping and Grinding On the Line," 224.
(7.) Childs et al., Beyond Decriminalization; Bruckert et al.,
Erotic Service~Erotic Dance Establishments; Chris Bruckert and Colette
Parent, "Criminalized Women Workers: The In-Call Sex Industry:
Reflections on Classed and Gendered Labour in the Margins," in
Gillian Balfour and Elizabeth Comack, eds., Criminalizing Women: Gender
and (In)justice in NeoLiberal Times (Toronto 2006), 95-112.
(8.) The study received ethical approval from the York University
Research Ethics Board.
(9.) For further methodological detail, including information about
the action-oriented approach, ethical considerations, narrative
analysis, and the research outcomes, see Emily van der Meulen,
"Action Research with Sex Workers: Dismantling Barriers and
Building Bridges," Action Research, 9/4 (2011), 370-384; Emily van
der Meulen, "Sex Work and Canadian Policy: Recommendations for
Labor Legitimacy and Social Change," Sexuality Research and Social
Policy, 8/4 (December 2011), 348-358; Emily van der Meulen,
"Participatory and ActionOriented Dissertations: The Challenges and
Importance of Community-Engaged Graduate Research," The Qualitative
Report 16/5 (2011), 1291-1303.
(10.) Cecilia Benoit, Mikael Jansson, Alison Millar, and Rachel
Philips, "Community-Academic Research on Hard-to-Reach Populations:
Benefits and Challenges," Qualitative Health Research, 15/2 (2005),
263-282; Francis M. Shaver, "Sex Work Research: Methodological and
Ethical Challenges," Journal of Interpersonal Violence, 20/3
(2005), 296-319.
(11.) This article, in solidarity with the Canadian and
international sex worker's rights movements, understands sex work
to encompass a broad range of jobs that fall within the complex and
diverse sex industry. For example, sex work can refer to escorting,
erotic massage, dance/ stripping, street-based sex work, phone sex, and
working in dungeons and peep shows, as well as any number of sexual jobs
on the Internet, including operating erotic webcam businesses and
pornographic websites.
(12.) Bruckert and Parent, "Criminalized Women Workers";
Wendy Chapkis, Live Sex Acts: Women Performing Erotic Labor (New York
1997); Kamala Kempadoo and Jo Doezema, eds., Global Sex Workers: Rights,
Resistance and Redefinition (New York 1998); Teela Sanders,
'"It's Just Acting': Sex Workers' Strategies
for Capitalizing on Sexuality," Gender, Workand Organization, 12/4
(2005), 319-342.
(13.) See for example: <http://www.iusw.org/>;
<http://www.nzpc.org.nz/>; <http://www. durbar.org/>;
<http://www.maggiestoronto.ca/>;
<http://www.empowerfoundation.org/index_en.html>.
(14.) Sarah M. "To the would-be sex work abolitionist, or,
'ain't I a woman'?" Rabble.ca, 3 February 2012,
<http://rabble.ca/news/2012/02/
would-be-sex-work-abolitionist-or-aint-i-woman> (10 February 2012);
Kirk Makin, "State has no obligation to protect prostitutes, Ottawa
to argue at appeal," Globe and Mail, 13 June 2011,
<http://m.theglobeandmail.com/news/national/
state-hasno-obligation-to-protect-prostitutes-
ottawa-to-argue-atappeal/article1935992/?service=mobile> (14 June
2011).
(15.) John Maloney, The Challenge of Change: A Study of
Canada's Criminal Prostitution Laws (Ottawa 2006).
(16.) Andrea Dworkin, Pornography: Men Possessing Women (London
1981); Melissa Farley, "Prostitution, Violence, and Posttraumatic
Stress Disorder," Women & Health, 27/3 (1998), 37-49.
(17.) Melissa Farley, "Bad for the Body, Bad for the Heart:
Prostitution Harms Women Even if Legalized or Decriminalized,"
Violence Against Women, 10/10 (2004), 1087-1125; Meghan Murphy,
"Why does the left want prostitution to be 'a job like any
other'?" Rabble.ca on the Web, 7 November 2011,
<http://rabble.ca/blogs/bloggers/
f-word-collective/2011/11/why-does-left-
wantprostitution-be-%E2%80%98-job-any-other%E2%80%99> (10 November
2011).
(18.) Factum of the Intervener Women's Coalition. Bedford v.
Canada [2010] ONSC 4264 at para 3.
(19.) John Lowman, Submission to Subcommittee on Solicitation Laws
of the Standing Committee on Justice, Human Rights, Public Safety and
Emergency Preparedness. SSLR, 38th Parliament, Monday, February 21,
2005; Maloney, The Challenge of Change; Frances Shaver,
"Prostitution: A Female Crime?" in Ellen Adelberg and Claudia
Currie, eds., In Conflict with the Law: Women and the Canadian Criminal
Justice System (Vancouver 1993), 153-173.
(20.) Factum at para 3, 8, 10, 17, 30, 31; Melissa Farley and
Jacqueline Lynne, "Prostitution of Indigenous Women: Sex Inequality
and the Colonization of Canada's First Nations Women," Fourth
World Journal, 6/1 (2005), 1-29.
(21.) "Indigenous Peoples In the Sex Trade--Speaking For
Ourselves," 9 June 2011,
<http://www.chezstella.org/stella/?q=en/ speaking-for-ourselves>
(12 February 2012); "Indigenous People In the Sex Trade--Our Life,
Our Bodies, Our Realities," 14 February 2012,
<http://maggiestoronto.ca/ news?news_id=80> (14 February 2012).
(22.) Emily van der Meulen, lessica Yee, and Elya M. Durisin,
"Violence Against Indigenous Sex Workers: Combating the Effects of
Criminalization and Colonialism in Canada," Research For Sex Work:
Violence Issue, 12 (2010), 35-38.
(23.) Native Youth Sexual Health Network, "Decriminalization
of Sex Work and Indigenous Youth and Communities," Vancouver Media
Co-Op, 5 October 2010,
<http://vancouver.mediacoop.ca/newsrelease/4783> (15 February
2012).
(24.) Thanh-dam Truong, Sex, Money and Morality: Prostitution and
Tourism in South East Asia (London 1990); Anna Agathangelou, 7he Global
Political Economy of Sex: Desire, Violence, and Insecurity in
Mediterranean Nation States (New York 2004); Laura Maria Agustin, Sex at
the Margins: Migration, Labour Markets and the Rescue Industry (New York
2001); Kempadoo and Doezema, Global Sex Workers.
(25.) Karl Marx, Economic and Philosophic manuscripts of 1844,
trans. M. Mulligan (Moscow 1959), v, footnote, emphasis in original.
(26.) Arlie Russell Hochschild, The Managed Heart:
Commercialization of Human Feeling (Berkley 1983).
(27.) Elizabeth Bernstein, Temporarily Yours: Intimacy,
Authenticity, and the Commerce of Sex (Chicago 2007); Chapkis, Live Sex
Acts; Emily van der Meulen, "Reframing Prostitution as Sexual and
Emotional Labour," in Jared A. Jaworski, ed., Advances in Sociology
Research, 6 (New York 2010), 305-313; Sanders, "Its Just
Acting."
(28.) Chapkis, Live Sex Acts, 75-76, 80-82.
(29.) Encarnacion Gutierrez-Rodriguez, Migration, Domestic Work and
Affect: A Decolonial Approach on Value and the Feminization of Labor
(New York 2010).
(30.) Kimberly Kay Hoang, "Economies of Emotion, Familiarity,
Fantasy, and Desire: Emotional Labour in Ho Chi Mirth City's Sex
Industry," in Eileen Boris and Rhacel Salazar Parrenas, eds.,
Intimate Labors: Cultures, Technologies, and the Politics of Care
(Stanford 2010), 166-182.
(31.) Dorothy Sue Cobble, "More Intimate Unions," in
Boris and Salazar Parrenas, eds., Intimate Labors, 280-295.
(32.) Dworkin, Pornography; Farley, "Prostitution, Violence,
and Posttraumatic Stress Disorder"; Farley, "Bad for the Body,
Bad for the Heart"; Maloney, The Challenge of Change; Murphy,
"Why does the left want prostitution to be 'a job like any
other'?"
(33.) Childs et al., Beyond Decriminalization, 89.
(34.) New Zealand, Act of Parliament U.S.C., Prostitution Reform
Act (Wellington 2003).
(35.) Childs et al., Beyond Decriminalization, 89; see also New
Zealand, Prostitution Reform Act.
(36.) Essence, "Denying 'Hot Mama' and Embracing
Oshun," Spread: Illuminating the Sex Industry, Special Topics
Issue: Race and the Sex Industry, 5/4 (Summer 2011), 26-27.
(37.) Mireille Miller-Young, "Putting Hypersexuality to Work:
Black Women and Illicit Eroticism in Pornography," Sexualities,
13/2 (2010), 219-235; Jill Nagle, "Showing Up Fully: Women of
Colour Discuss Sex Work," in Jill Nagle, ed., Whores and Other
Feminists (New York 1997), 195-209; Becki L. Ross, Burlesque West:
Showgirls, Sex, and Sin in Postwar Vancouver (Toronto 2009); Spread:
Illuminating the Sex Industry.
(38.) See for example: Vicky Funari and Julia Query, Dirs., Live
Nude Girls Unite (San Francisco 2000).
(39.) Childs et al., Beyond Decriminalization, 26, 30, 98.
(40.) Childs et al., Beyond Decriminalization, 27.
(41.) For example, erotic dance venues have fee and tipping systems
that often include "stage fees" for the ability to work that
evening, as well as tips to the DJ for playing dancers' requested
(42.) Bruckert, Parent, and Robitaile, Erotic Service/Erotic Dance,
18.
(43.) Canadian Union of Public Employees (CURE), Sex Work: Why
it's a Union Issue (Ottawa 2004), 2, accessed 18 February 2012.
<http://cupe.ca/EqualityPride/samesexworkbackground-paper>; see
also Jenn Clamen, Kara Gillies, and Trish Salah, "Working for
Change: Sex Workers in the Union Struggle," in Emily van der
Meulen, Elya Maria Durisin, and Victoria Love, eds., Selling Sex:
Canadian Academics, Advocates, and Sex Workers in Dialogue (UBC Press,
forthcoming 2013).
(44.) CUPE, Sex Work, 4.
(45.) Clamen, Gillies, and Salah, "Working for Change."
(46.) Kempadoo and Doezema, Global Sex Workers; Andrew Sorfleet,
Sex Workers' Workbook: Where YOU Regulate the Sex Industry
(Vancouver 2005).
(47.) Erin Siegal, "Lust for life: A look inside
America's only worker owned union peepshow," Spread:
Illuminating the Sex Industry, 4/1 (Summer 2008), 37-41; see also
<http://www.lustyladysf.com/>.
(48.) Sorfleet, Sex Workers" Workbook.
(49.) International Union of Sex Workers (IUSW), "Our
History," (2009), accessed 24 january
2011.<http://www.iusw.org/iusw-history/>.
(50.) Annika Dalen, "Prostitution in Argentina in the Wake of
an Economic Crisis," MA thesis, Upsalla University, 2003; see also
<http://www.ammar.org.ar/>.
(51.) Dorothy Sue Cobble, "More Intimate Unions," 282.
(52.) Chandra Talpade Mohanty, Feminism Without Borders:
Decolonizing Theory, Practicing Solidarity (Durham, NC 2003).
(53.) Lenore Kuo, Prostitution Policy: Revolutionizing Practice
Through a Gendered Perspective (New York 2002); Sylvia A. Law,
"Commercial Sex: Beyond Decriminalization," Southern
California Law Review, 73 (March 2000), 523-610.
(54.) Sorfleet, Sex Workers' Workbook.
(55.) Childs, et al.,Beyond Decriminalization, 81.
(56.) Childs, et al., Beyond Decriminalization; Kuo, Prostitution
Policy.
(57.) Margot Rutman, "Exotic dancers' employment law
regulations," Temple Political and Civil Rights Law Review, 8
(Spring 1999), 515-573.
(58.) Childs, et al., Beyond Decriminalization, 81.
(59.) Dorothy Sue Cobble identifies occupational unions as having
four characteristics: "(1) occupational identity, (2) control
over-the labour supply in the occupation, (3) rights and benefits as a
function of occupational membership rather than of worksite affiliation,
and (4) peer control over occupational performance standards." See
Dorothy Sue Cobble, "Organizing the Postindustrial Workforce:
Lessons from the History of Waitress Unionism," Industrial and
Labor Relations Review, 44 (April 1991), 421.
(60.) Bruckert, Parent, and Robitaille, Erotic Service/Erotic
Dance, 15.
(61.) Dorothy Sue Cobble, "Organizing the Postindustrial
Workforce."
(62.) <http://exoticdancersrightsassociationcanada.blogspot.com>
Emily van der Meulen, "When Sex is Work: Organizing for Labour
Rights and Protections," Labour/Le Travail, 69 (Spring 2012),
147-167.