Canadian Sex Workers Are Making History

October 28, 2022

Last month, the Canadian Alliance for Sex Work Law Reform (CASW), which includes 25 sex worker organizations, made history by challenging the Protection of Communities and Exploited Persons Act (PCEPA), which the group argues is inhumane.

According to a press release by the group, this case “… is the first constitutional challenge to PCEPA provisions initiated by sex workers, and the first to challenge all the provisions individually and together arguing they violate sex workers’ human rights to dignity, health, equality, security, autonomy and safety of people who work in the sex industry, which includes their right to safe working conditions,” the group said in a press release.

Below is a timeline of everything that’s happened so far.

TIMELINE

December 2013: Supreme Court of Canada renders its decision in Bedford v. Canada, striking down previously oppressive laws that criminalized prostitution.

December 2014: Canada passes the Protection of Communities and Exploited Persons Act, which employs the “Nordic Model,” criminalizing the purchase of sex, communication for the purpose of selling sex, gaining material benefit from sex, and advertising sexual services.

October 4 2022: The Canadian Alliance for Sex Work Law Reform begins arguing in a Toronto courtroom that the PCEPA endangers the health and safety of sex workers by cultivating stigma, encouraging violence, and endangering safe consent. They also argue that it violates the Canadian Charter of Rights and Freedoms.

Over the course of a few days, the court hears testimony from sex workers who feel their livelihoods and safety have been compromised by the PCEPA. The CASWLR also submits over 12,000 pages of research-based evidence demonstrating that Canada’s current legal framework regarding prostitution does not fulfill its original purpose of reducing sex work, and, in fact, only makes it dangerous.

The group’s goal is is to eventually decriminalize sex work in Canada, first by convincing the Ontario Superior court that the PCEPA is unconstitutional, after which they can bring their case to the Appeal Court and eventually the Supreme Court.

Attorney General David Lametti has 120 days to respond to the CASWLR’s recommendations.

October 7, 2022: The Sex Work Autonomous Committee (SWAC) gathers in front of the Montreal Courthouse in a rally to support the CASWR’s constitutional challenge to current Canadian sex work laws.

Click here for a more detailed look at The Canadian Alliance for Sex Work Law Reform’s case.

@CDNSWAlliance on Twitter

Canadian sex workers and allies rally to repeal PCEPA. @CDNSWAlliance on Twitter

DSW Newsletter #41 (October 2022)

Canadian Sex Workers Are Making History

October 28, 2022 Last month, the Canadian Alliance for Sex Work Law Reform (CASW), which includes 25 sex worker organizations, made history by challenging the Protection of Communities and Exploited Persons Act (PCEPA), which the group argues is...
Read More
Canadian Sex Workers Are Making History

Harm Reduction and Sex Work

October 8, 2022 What is harm reduction? Harm reduction is a unique framework that aims to minimize the negative consequences associated with criminalized activities, such as drug use or sex work. Instead of focusing on the prevention...
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SESTA/FOSTA Explained

October 18, 2022 SESTA/FOSTA refers to a set of laws passed by the Trump administration: The Stop Enabling Sex Traffickers Act (SESTA) and the Fight Online Sex Trafficking Act (FOSTA). These laws effectively suspend Section 230 of...
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DSW Presents at the National Harm Reduction Coalition’s Biennial Conference

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SESTA/FOSTA Explained

October 18, 2022

SESTA/FOSTA refers to a set of laws passed by the Trump administration: The Stop Enabling Sex Traffickers Act (SESTA) and the Fight Online Sex Trafficking Act (FOSTA).

These laws effectively suspend Section 230 of the Communications Decency Act of 1996, which stipulates that “No provider or user of an interactive computer service shall be treated as the publisher or speaker of any information provided by another information content provider.”

In simpler terms, it allows user-generated speech, such as comment sections and discussion boards, to remain uncensored.

SESTA/FOSTA amends Section 230 by suspending its protection in cases where online platforms are perceived to be promoting prostitution.

Online providers can now be held liable for posts perceived to be advertising sex on their sites. State law enforcement can prosecute these cases at their discretion.

Social media platforms are forced to censor user-generated content to avoid legal repercussions.

Under SESTA/FOSTA, our right to freedom of speech online is at risk.

How SESTA/FOSTA endangers sex workers

Sex workers once relied on the internet to create safety nets and protocols to keep themselves safe. They used online platforms to create networks, advertise, screen and approve clients, and schedule appointments from the safety of their own homes.

Without these resources, sex workers are quite literally pushed back onto the street, where they lack the means to plan client meetings ahead of time. This forces them into dangerous situations, making them more vulnerable to physical violence from un-screened clients and harassment by law enforcement.

How SESTA/FOSTA keeps victims of human trafficking in danger

Evidence shows that banning something does not end demand for it. By banning online sexual solicitation, SESTA/FOSTA doesn’t actually stop traffickers from trafficking, it just makes it easier for them to hide.

Law enforcement actually relies on online platforms for evidence in cases of human trafficking, and by censoring certain language from the internet, SESTA/FOSTA effectively scrubs away legal evidence, making it easier for cases of human trafficking to go undetected.

The US Department of Justice itself testified that SESTA would make it more difficult for law enforcement to investigate and prosecute human trafficking cases.

How SESTA/FOSTA censors free speech on the internet

Internet censorship tends to be based on loose perception and opinion rather than fact. SESTA/FOSTA allows state and federal law enforcement the discretion to judge what is and isn’t “appropriate.”

While this has predominantly affected sex workers and their ability to work safely, suppression of free speech could affect anyone, should law enforcement individuals feel that their speech is inappropriate.

One example of this is Craigslist’s shutdown of its Therapeutic Services page, which left people like Eric Koszyk, a massage therapist, without a means of advertising, screening clients, and scheduling appointments online.

Learn more about SESTA/FOSTA.

SESTA/FOSTA Explained

DSW Newsletter #41 (October 2022)

Canadian Sex Workers Are Making History

October 28, 2022 Last month, the Canadian Alliance for Sex Work Law Reform (CASW), which includes 25 sex worker organizations, made history by challenging the Protection of Communities and Exploited Persons Act (PCEPA), which the group argues is...
Read More
Canadian Sex Workers Are Making History

Harm Reduction and Sex Work

October 8, 2022 What is harm reduction? Harm reduction is a unique framework that aims to minimize the negative consequences associated with criminalized activities, such as drug use or sex work. Instead of focusing on the prevention...
Read More
Harm Reduction and Sex Work

SESTA/FOSTA Explained

October 18, 2022 SESTA/FOSTA refers to a set of laws passed by the Trump administration: The Stop Enabling Sex Traffickers Act (SESTA) and the Fight Online Sex Trafficking Act (FOSTA). These laws effectively suspend Section 230 of...
Read More
SESTA/FOSTA Explained

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October 13, 2022 DSW Legal Director Melissa Broudo and Staff Attorney Becca Cleary traveled to Puerto Rico to participate in the 13th biennial conference hosted by the National Harm Reduction Coalition (NHRC). The NHRC describes its gathering...
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DSW Challenges Constitutionality of Federal Law That Criminalizes Free Speech

September 15, 2022

Decriminalize Sex Work (DSW), joined by eleven other organizations working to ensure the health, safety, wellbeing, and human rights of sex workers and survivors of trafficking, filed a new Amicus brief supporting the appellants in a federal case challenging the criminalization of protected speech. The Stop Enabling Sex Traffickers and Fight Online Sex Trafficking Acts (SESTA/‍FOSTA), which became law in 2018, damage the longstanding “safe harbor” rule provided by Section 230 of the Communications Decency Act, which protects freedom of speech on the internet. Individuals depend on this freedom to work, socialize, and exchange ideas online.

Woodhull Freedom Foundation et al. v. United States argues that SESTA/FOSTA is an unconstitutional violation of the First and Fifth Amendments. The case, filed in 2018, has again reached the U.S. Court of Appeals for the District of Columbia. DSW’s Amicus brief details the historical and political contexts that have bred misguided anti-trafficking policies and laws built on the conflation of sex work and trafficking. The law’s failure to differentiate between the two has injured sex workers and survivors. “Both qualitative and quantitative evidence show that SESTA/FOSTA has caused immense harm to already marginalized and vulnerable communities, without advancing its purpose to combat trafficking. It must be repealed,” said Rebecca Cleary, DSW staff attorney, and attorney for Amici Curiae.

The brief also discusses the recently reintroduced SAFE SEX Workers Study Act (SSWSA), a bill proposed in U.S. Congress to study the harmful effects of SESTA/FOSTA. The introduction of this legislation demonstrates that lawmakers recognize the damage caused by SESTA/FOSTA, including many legislators who initially voted in favor of that bill. Amici also detail the ways in which SESTA/FOSTA’s restrictions on free speech limit advocacy efforts to advance the SSWSA, a critical and unconstitutional impediment to the democratic process.

Proponents of the law argue that fighting human trafficking, a heinous and violent crime, is worth broad internet censorship. However, the law, as written, fails to punish traffickers. Three years after it was enacted, the Government Accountability Office (GAO) found that it was an abject failure. Free speech, internet rights advocates, and law enforcement officials have protested the law. Instead of combating trafficking, SESTA/FOSTA:

* Endangers trafficking survivors and sex workers

* Impedes law enforcement’s efforts to find victims and prosecute traffickers

* Censors free speech on the internet and endangers the livelihoods of informal service sector workers

The brief concludes, “SESTA/FOSTA is the shining example of what happens when policymakers conflate sex work and human trafficking: trafficking numbers remain the same, victims get left behind, and those facing the greatest consequences are not traffickers but already marginalized communities.” Amici curiae include DSW, The Sex Workers Project of the Urban Justice Center, Freedom Network, Brooklyn Defender Services, The Erotic Laborers Alliance of New England, Old Pros, National Coalition for Sexual Freedom, New York Transgender Advocacy Group, Free Speech Coalition, Sex Workers Outreach Project Brooklyn, Gays and Lesbians Living in a Transgender Society (GLITS), and St. James Infirmary.

Elizabeth Nolan Brown covers the developments in the case, including DSW’s amicus brief in Reason here: There’s No Way FOSTA Isn’t a First Amendment Violation, Says Lawsuit.

DSW Challenges Constitutionality of Federal Law That Criminalizes Free Speech

DSW Newsletter #40 (September 2022)

DSW Challenges Constitutionality of Federal Law That Criminalizes Free Speech

September 15, 2022 Decriminalize Sex Work (DSW), joined by eleven other organizations working to ensure the health, safety, wellbeing, and human rights of sex workers and survivors of trafficking, filed a new Amicus brief supporting the appellants...

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Amicus Brief

September 13, 2022:

Decriminalize Sex Work (DSW), joined by eleven other organizations working to ensure the health, safety, wellbeing, and human rights of sex workers and survivors of trafficking, filed a new Amicus brief supporting the appellants in a federal case challenging SESTA/FOSTA and its criminalization of protected speech.

Montpelier, VT Repeals Prostitution Ordinance

August 24, 2022

Montpelier has become the second city in Vermont to repeal its antiquated prostitution ordinance in the past year. Last summer, the Burlington City Council voted to repeal that city’s prostitution ordinance and voters subsequently chose to strike discriminatory and archaic language on sex work from the city charter.

Montpelier’s Police Review Committee recommended that the ordinance be repealed as its stigmatizing and discriminatory language was harmful to both consensual adult sex workers and individuals experiencing exploitation. They suggested that law enforcement should concentrate on combating human trafficking, instead of on prohibiting consensual acts between adults. The committee also noted that most municipalities in Vermont do not have ordinances banning prostitution and that repealing the language would bring Montpelier in line with the rest of the state. Though bills proposing to decriminalize prostitution were introduced during the past two legislative sessions, they did not advance and prostitution remains criminalized at the state level.

The Montpelier City Council held two public hearings on the proposal to repeal the ordinance before unanimously voting in favor of striking it. Both hearings were well attended and individuals in favor of and against repealing the ordinance testified passionately. Members of The Ishtar Collective, Vermont’s only organization run by and for sex workers and survivors of exploitation or trafficking, asked the City Council and their neighbors to recognize them as equals deserving of dignity. They said the immensely dehumanizing language of the ordinance, which did nothing to support the health and wellbeing of residents, perpetuated stigma around sex work, and made them feel unwelcome in the place they call home. Henri Bynx, co-founder of The Ishtar Collective, reminded council members and others in attendance that sex workers are vital and integral members of the community.

Opponents of the repeal were mostly from out of state. Morally opposed to consensual adult sex work, they urged the council to keep or replace the ordinance with even more punitive language. Their attempts at fear mongering — and admonishments that repealing the ordinance would lead to individuals having sex in public and an increase in trafficking, particularly of minors — perpetuated dangerous and misguided tropes around sex work. Dr. Stephany Powell, with the National Center on Sexual Exploitation, said, “You are inviting more crime into your area, and you are also allowing the ability of sex workers to roam freely in your community. … I’m telling you: you don’t want that.” J. Leigh Oshiro-Brantly, a sex worker who co-founded The Ishtar Collective with Bynx, responded to Powell’s derogatory remarks during their statement. “We’re already ‘roaming’ and that … metaphor of roaming like cattle is really part of that dehumanizing language. This is the stigma we’re talking about,” Oshiro-Brantly said. “I’ve heard things (tonight) like ‘demeaning,’ ‘immoral,’ ‘just plain wrong.’ All of these things are moral judgments that no person has a right to make for any other person’s life.”

Just prior to their vote, council members, including Mayor Anne Watson, reminded everyone in attendance that they are committed to ending exploitation and trafficking in all labor sectors. They then voted unanimously to repeal the discriminatory language, affirming that sex workers are deserving of their dignity, humanity, and bodily autonomy.

A sign at the August 24 Montpelier City Council Meeting. Courtesy of The Ishtar Collective.

A sign at the August 24 Montpelier City Council Meeting. Courtesy of The Ishtar Collective.

DSW Newsletter #39 (August 2022)

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