Old job, new tricks
For a blueprint to decriminalize sex work in Nevada, look to
New Zealandby EMMILY BRISTOL
Thursday, January 11, 2007
IF YOU THINK LAS VEGAS IS THE PLACE WHERE PEOPLE ARE ENCOURAGED
TO LET LOOSE, consider this tweak on the already-timeworn
slogan: "What happens in Vegas ... is legal in New Zealand."
In 2003, New Zealand Member of Parliament Tim Barnette led a
campaign in his country that resulted in the narrow and
contentious passing of the Prostitution Reform Act, which
decriminalized the world's oldest profession. Suddenly the small
island country with a population of about 4 million was known
for more than kiwis. And on Jan. 3, about 20 people crammed into
a small UNLV sociology classroom to hear Barnett espouse its
virtues.
"We're the only country in the world to decriminalize street
work, so that can be a bit shaky," Barnett said.
But even before the prostitution law, Barnett was no stranger to
the political limelight. When he was elected 10 years ago, he
became the second openly gay parliament member in New Zealand's
history. In fact, he said his being gay helped get the
prostitution law passed because a straight man would never have
been able to do it.
"It was definitely easier for me to push this through. For a
straight man there would be too many questions about why they
wanted to do this, what their motivations are," he said.
Barnett said he was spurred to action to help sex workers after
meeting with some in a closed-door committee session, where he
heard firsthand accounts of the horrors many prostitutes face
from pimps, police and clients.
For Barnett, the issue for lawmakers was a practical as well as
moral one -- but not the morality so commonly embraced by
fundamentalist Christians. For Barnett, it's morally wrong to do
nothing when it comes to the health of the citizens,
particularly when it comes to the spread of HIV/AIDS. He points
to United Nations-backed global policies to fight HIV/AIDS that
have been adopted around the world, such as free needle-exchange
programs and repealing sodomy laws.
But the last bastion of conservatism that stands in the way are
laws against prostitution, which makes it impossible to
distribute condoms or offer health care to sex workers.
"Even compared to other stigmas, like drug use and gay sex,
prostitution is still the worst," Barnett said, shaking his head
in disbelief.
Before the 2003 law, it was not illegal to work as a prostitute
in New Zealand. But there were laws against anything related to
it, such as soliciting and using profits from sex work. This
forced many to work in the legal massage parlor industry, which
was openly viewed by law enforcement, the public and lawmakers
as a front for prostitution, Barnett said. This promoted
coercion by pimps and unsafe work and health situations for the
workers.
In addition, when his office began studying the issue, Barnett
said he discovered that transgendered sex workers were
disproportionately targeted by police.
"The police were really using their homophobia, their racism and
their gender biases to go after certain workers," he said to a
rapt audience of UNLV students, professors and sex worker rights
activists.
Barnett's law has a refreshingly practical approach to the
issue: The fact is prostitution has existed in every society of
the world with rare exception -- Taliban-controlled Afghanistan,
for instance. If politicians look at prostitution as a given,
rather than a problem that can be eradicated, then they can go
about the real issues of safeguarding the health of citizens and
stemming organized crime on the streets.
"Prohibition doesn't work," Barnett said. "We know that from
what happened with alcohol. Prohibition breeds organized crime
and corruption of the police."
But Barnett's visit -- a one-day layover on his way to a summit
in Moscow -- wasn't just to talk about what he's done in New
Zealand. Since 2003 he's been busy traveling the world, meeting
with politicians and activists to encourage others to
decriminalize sex work. A major point in his talk was
encouraging local activists to take up the charge in Nevada,
which he pointed out is already the most liberal place on this
issue in the United States.
"For our society, I think this is the last big moral issue," he
said.
His words and the New Zealand law were clearly inspiring to
those in attendance.
"It was wonderful. What was so great about it was to hear a
politician who had really thought the issue through," said Barb
Brents, an associate professor of sociology at the university.
"The policy we have toward prostitution right now is not good
policy."
Nevada's law is considered vague by many in the sex-worker
industry -- mainly that prostitution is legal in counties under
a certain population.
"While it's legal in [some] counties, it's still heavily
regulated [in favor of brothels]," said Susan Lopez, assistant
director of the Desiree Alliance, an organization that is
involved with sex worker rights issues. Lopez invited Barnett to
speak at UNLV and has invited him back to a sex worker rights
conference scheduled for July.
Barnett says the reform act was written to "decriminalize,"
rather than "legalize," aiming at tougher penalties for coercing
people into sex work, or engaging in sex work while younger than
18. In addition, the law added requirements for safer sex
practices, controlling advertising, banning an older worker
registration program, allowing unionizing efforts and other
labor protections.
But Barnett's work isn't done. The reform law passed in his
country with a very slim margin and has faced staunch criticism
from conservatives.
"We knew that the enemies of the law would tell lies about it,
which they have done since it passed," he said.
Built into the law is mandatory research on its effectiveness
that started in 2006, with a report scheduled in 2008. It will
be the first real test of the law. Barnett is hoping the
research provides facts to back up what he already thinks: The
law is working to make sex work safer for prostitutes and
clients.
Emmily Bristol is a CityLife staff writer. She can
be reached at 871-6780 ext. 344 or
ebristol@lvcitylife.com.
Original link: http://www.lasvegascitylife.com/articles/2007/01/11/news/local_news/iq_11859293.txt