Vancouver, Canada - On the eve of opening North America's first
safe-injection site for drug users, Vancouver City Council has now
sanctioned the right of sex-trade businesses to operate from local
residences. In a surprise move, councillors voted 4-3 to include
elements of the sex trade among approved businesses that a person can
run from their home in the city's increasingly residential downtown
core.
Such a move would certainly be a Canadian first, said Simon Fraser
University criminologist John Lowman, an expert on prostitution law.
"Hats off to city council. This is a step in the right direction,"
Prof. Lowman said, citing the scores of street prostitutes who have
died at the hands of customers in recent years. The council vote
overturned an attempt by city officials to exclude "any dating service,
entertainment service, exotic dancer business, social escort service or
other similar business" from the expansion of commercial activity to be
allowed in ground-level, downtown residences.
The vote took place after Jamie-Lee Hamilton, a well-known advocate for
prostitutes, spoke out against excluding sex-oriented businesses from
the city bylaw.
"It was very discriminatory," the transgendered Ms. Hamilton said
yesterday. "It would have allowed lawyers, consultants, graphic
designers, etc., to operate from their residences, but say no to escort
agencies and the sex trade. That's discrimination.
"Instead of treating sex workers as oddities, they should have the same
rights as everyone else in society."
Previously, all home businesses in Vancouver were limited to so-called
"craftwork" type operations, with no outside employees, on-site sales
or signage. Now, some people in selected areas will be able to run
larger operations from their residences. Employees may be hired, some
sales conducted and signs allowed. Sex-oriented businesses, including
escort agencies, are among those covered by the change. Although Mayor
Larry Campbell was not present for Wednesday night's vote and was
unsure yesterday about the implications, he praised council for its
chutzpah.
"If this means Vancouver is 'out there,' so be it," Mr. Campbell said,
noting the city's landmark safe-injection site, which opens Monday, and
its current study of all aspects of gambling. "We're a city that is not
afraid to discuss things."
The mayor said something must be done to protect sex-trade workers,
particularly in light of the scores of prostitutes who have gone
missing from the poor, Downtown Eastside.
However, Mr. Campbell said he personally favours regulated "red light"
districts as the best way to do that, rather than permitting
residential brothels.
It was not clear whether the new bylaw goes that far, since keeping a
common bawdy house remains a Criminal Code violation.
"We're talking about a municipal bylaw here," Prof. Lowman said.
"Unfortunately, the Criminal Code trumps that."
But he congratulated Vancouver City Council for confronting the issue
of Canada's prostitution laws, which he said are hypocritical and
dangerous for prostitutes.
Councillor Peter Ladner, who voted against the bylaw change, criticized
the decision to include parts of the sex trade among permitted
residential business operations. "Does an escort service actually mean
sex-trade workers right on site? Does it include body-rub parlours?
There are a lot of unanswered questions," Mr. Ladner said. "I think
they [those who favoured the bylaw change] got carried away with the
plight of sex-trade workers and listening to Jamie-Lee Hamilton, and
were blinded by the reality of what they were doing.
"I mean, if an escort service just means a greasy guy with a computer,
who cares? But if you call the escort service and they say 'come on
over,' then that's a lot different."
Escort agencies and body-rub parlours, as in other Canadian cities, are
licensed by the municipal government, although they operate in a murky
legal environment.
Councillor Anne Roberts said she voted against excluding sex-trade
businesses from the so-called Office Live-Work bylaw because she felt
it was discriminatory to leave them out when they are already licensed
and regulated by the city.
Ms. Roberts added that the bylaw includes a "good neighbourhood"
agreement, ensuring that neighbours are not disturbed by unruly
behaviour.
Councillor Tim Louis, another supporter, called the move an experiment.
"We will watch and listen. We are open-minded about this."
Source is NASCA INTERNATIONAL