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COMMISSION ON THE STATUS OF WOMEN
City and County of San Francisco
Minutes
Wednesday, September 22, 2004
3:00 PM
City Hall, Room 408
1 Dr. Carlton B. Goodlett Place
San Francisco, CA 94102
Public comment will be heard before and/or during each agenda item.
Members Present Staff Present
President Andrea Shorter Executive Director Emily Murase, PhD
Vice President Angela Williams Executive Assistant Bernice Casey
Commissioner Dorka Keehn Policy Analyst Carol Sacco
Commissioner Carolene Marks
President Shorter called the meeting to order at 3:03 PM.
Commissioner Miles was excused.
No public comment.
m/s/c (Marks/Williams/Unanimous)
Action: Adopted agenda for COSW Meeting, September 22, 2004.
No public comment.
m/s/c (Williams/Keehn/Unanimous)
Action: Approved Minutes from COSW Meeting, September 9, 2004.
No public comment.
4. PRESIDENT’S REPORT
President Shorter postponed her report in consideration of time.
No public comment.
- EXECUTIVE DIRECTOR’S REPORT
Executive Director Emily Murase gave the Commission a brief synopsis of her report and referred Commissioners to her full report in the Commission packet. She informed the Commission that the Justice & Courage grant has been renewed for another year and acknowledged the hard work done by Justice & Courage Coordinator Justine McGonagle. Ms. Murase discussed the work being done by the Department and Commissioner Marks on health initiatives. Executive Director Murase gave an update on the preparations for the October 7th Welcome Reception. She asked Commissioners to provide the Department with names and addresses of individuals they wished to invite. Ms. Murase told the Commission that the October 12th date was no longer available for the Hopeline press conference and that she was working with the Mayor’s Press Office to find a new date. She told the Commission that the Department would be utilizing Yahoo Groups to inform the Commission of information and asked that if a Commissioner had difficulties setting up an account that they contact the Department.
President Shorter acknowledged and thanked Ms. Murase for the thoroughness of her reports.
No public comment.
CONSENT AGENDA
All matters listed hereunder constitute a Consent Agenda and are considered to be routine by the Commission on the Status of Women. They will be acted upon by a single roll call vote of the Commission. There will be no separate discussion of these items unless a member of the Commission so requests, in which event the matter shall be removed from the Consent Agenda and considered as a separate item. Members of the public may speak on each item listed on the Consent Agenda.
6. CONSENT AGENDA
m/s/c (Marks/Williams/Unanimous)
No public comment.
a. Resolved, That the Commission Recognizes the Work of Former Commission Vice-President Juanita Miles.
RES-NO 2004-020
- , That the Commission Recognizes October as Domestic Violence Awareness Month.
RES-NO 2004-021
- , That the Commission Recognizes October as Breast Cancer Awareness Month.
RES-NO 2004-022
- , That the Commission Recognizes October as Latino Heritage Month.
RES-NO 2004-023
- , That the Commission Recognizes the Race for the Cure.
RES-NO 2004-024
- California Commission on the Status of Women.
- Testimony Regarding Labor Conditions of Exotic Dancers in San Francisco
President Shorter informed members of the public that the hearing was being video-taped and photographed by members of the press and public. Ms. Shorter asked that persons taping and photographing do so in a non-intrusive manners. She reminded all present of the important and critical issues that will be raised at tonight’s meeting. She asked if anyone had any questions.
Commissioner Keehn asked members of the press to identify themselves to the members of the public in the audience and the Commission.
Datura Larson, a dancer in San Francisco, said she would be using the identity of Datura Larson as an alias when providing testimony about the issues of labor conditions of exotic dancers due to the contingence nature of speaking out about her job. She read a letter to the Commission about her direct experience. Ms. Larson said she has been a dancer for nine years in San Francisco and worked at six clubs. Ms. Larson does not believe as others have claimed that dancers love working in the private booths. Ms. Larson said that private booths and stage feed coerce prostitution and stretched the boundaries of what dancers would be comfortable doing. Ms. Larson said that local stage fees can go as high $420.00 as a night. Ms. Larson talked about her struggles to pay stage fees and bring enough money home to live. She said that within five minutes of entering a club a customer figures out how much he can get and for how much which forces dancers to provide a competitive service or get nothing. She provided an example of a customer asking why he should pay her [Ms. Larson] for a lap dance when another dancer would provide oral sex at the same price. Ms. Larson said nothing takes the “gentleman” out of gentlemen’s club like the knowledge that you can get a blow job for $40.00. She said that dissent is not tolerated in the clubs and both your livelihood and personal safety can be threatened. Ms. Larson said both had happened to her. Ms. Larson said those dancers who speak out on behalf of club owners ensure job security and receive additional perks. Ms. Larson shared her concerns about the legislation being proposed by Supervisor Chris Daly regarding the booths would continue to coerce prostitution in the clubs. Ms. Larson believes the club owners are motivated by profits not be their concern for their dancers. Ms. Larson said that her experience and those of experiences of her fellow dancers draw her to conclude the private booths and stage fees equal coerce prostitution. The private booths put dancers in direct competition with each other. San Francisco is the worst city to dance in the in the country with the emphasis on dancing not extras. Ms. Larson believes the club owners are motivated by profits not be their concern for their dancers. Revenue is now made off of dancers not customers. Ms. Larson said that some women are detained before leaving if they are unable to pay club owners their stage fees. Ms. Larson said that she personally has received threats by questioning working conditions and has lost a job at a club because of speaking out and organizing activities. Ms. Larson strongly disagrees with the assertion that the majority of dancers enjoy working in booths and that the reason more women don’t speak out against the working conditions is that they would lose their jobs.
Commissioner Marks asked how much an average dancer makes in a week.
Ms. Larson said that is was difficult to determine due to the variety of factors involved. She said that some nights she makes a few hundred bucks and other nights she is in the negative.
President Shorter asked what the annual income of a dancer was.
Commissioner Marks asked for a range.
Ms. Larson said that it was tough to answer as some dancers only worked once a week and have other jobs. She said there were too many variables to consider.
Nancy Banks, a dancer, said she was speaking on behalf of a large number of girls. Ms. Banks said that she and other dancers came together when the issues of stage fees and prostitution were being discussed because they felt the people speaking for them did not reflect their opinions. She said that there were a large number of dancers who are happy with the way things are in the clubs. Ms. Banks said there was spectrum of stage fees and compared the fees to the rent a barber or an artist might pay for a chair or gallery. Ms. Banks said that in San Francisco dancers have the options of working in lap-dancing clubs if they do not want to work in a club with private booths. Ms. Banks said the club owners were lenient and understanding if a dancer was unable to pay stage fees. She said that dancers were able to make their own decisions about performing in booths. Ms. Larson talked about the work she was doing with other dancers about bringing them out of the dark when it comes to paying taxes, buying a home and general money management. She said that dancers bring concerns to her about money management more than private booths and stage fees. Ms. Larson said if dancers were not happy with the conditions of the club that they should find another place to work. She said that no one was forcing them into prostitution. Ms. Larson said it wasn’t about prostitution it was about visiting with customers and knowing how to make your money and to make it work for you.
Commissioner Keehn asked how many dancers Ms. Banks represented.
Ms. Banks said over 100.
Commissioner Keehn asked how much a dancer made.
Ms. Banks said dancers made anywhere from $20,000.00 a year to more than doctors. She said that salaries varied depending on different factors.
Commissioner Keehn asked how much a stage fee was.
Ms. Banks said the stage fee was $120.00 put that those fees were paid for by the customer in a machine that is on the wall. Ms. Banks said she has to get six dancers within four to five hours and said that it was not that hard to do.
Commissioner Williams asked if the ladies Ms. Banks represented felt safe in their work environment.
Ms. Banks said yes. She said that the dancers feel safe.
Commissioner Williams asked what happened if a dancer could not pay her stage fees.
Ms. Banks said she would sign out and pay the difference later.
Commissioner Marks asked how many dances she had to do a day.
Ms. Banks said she performed 20 dances.
President Shorter asked how long she had been performing.
Ms. Banks said she had been performing for over six years and has worked in four different venues in San Francisco.
President Shorter asked if she had to confront issues being brought forward at the hearing or been witness any of the issues.
Ms. Banks said that she personally has never had a problem.
Commissioner Marks asked Ms. Banks if she thought any changes needed to be made.
Ms. Banks said no changes need to be made.
Commissioner Keehn asked when stage fees would become not okay.
Ms. Banks informed the Commission that club owners look at what dancers are making and make changes based on the economy. The customers are paying the stage fees and that is understood by the management.
Rachel West, from Women Dialogue, thanked the Commission for holding the hearing. Ms. West said that her testimony was a collective of women who are dancers and sex workers who couldn’t publicly testify today. She said that the collective had members of the women least visible in the sex industry: black women, immigrant women, other women of color, women who work the streets as well as dancing, mothers, lesbian women and women one does not generally hear from. All the women involved in compiling the testimony agreed that they would like to see action come out of this testimony. Ms West said that many of the collective have testified before the City in the past yet the City has turned a blind eye to their demands. The 1996 Task Force on Prostitution has concrete recommendations on the working conditions of dancers. The 1998 Commission on the Status of Women’s Violence Against Women in Prostitution Report documents testimony from dancers on many of our key issues. Both reports were submitted to the Mayor and the Board of Supervisors. There is a clear connection between the unjust working conditions in the club, the criminalization of sex work and the low level of women’s wages and welfare. Ms. West said that dancing should not be defined by the criminal codes but should be defined by the same labor codes as other work. Ms. West stated that the collective believed the biggest obstacle to the dancers is the stage fees. Ms. West said that protesting of the fees have never had City backing and that is why she is here to urge the City to get behind protesting stage fees with the dancers. She said the presence of the booths has given the police the excuse to raid and arrest women regardless of if they [the dancers] were offering sex or not. Ms. West said the 1998 testimony provided to the Commission is still relevant today. She said that when dancers speak out against working conditions they are threatened, given the worst shifts or fired. Ms. West said that club owners demand free sex from the dancers as do the police. Ms. West said that her collective estimates that 70% of the dancers are single mothers supporting families. She asked the Commission ask the Bureau of Field Enforcement [The Labor Board] to make sure that illegal stage fees are not charged to dancers and any efforts by the District Attorney or others not to prosecute dancers and other sex workers should be supported.
Commissioner Williams asked how many women in the industry Ms. West believes she represents.
Ms. West said she represented the majority.
Commissioner Keehn asked if Ms. West could clarify what she meant by majority.
Ms. West said she can’t really give a number.
Commissioner Williams asked what percentage of clubs charge a stage fee as opposed to the scenario raised earlier.
Ms. West said that most of the clubs charge the dancer for the stage fee.
Commissioner Keehn asked if Ms. West had heard of the other method where the client pays the stage fee for the dancer.
Ms. West said that is not what she has heard goes on in the clubs.
President Shorter asked if that [the customer paying the stage fee] was an exception at large or just in San Francisco. She asked what the standard practice was.
Ms. West said that the creation of the booths is specific to San Francisco.
Daisy Anarchy, a former dancer with Sex Workers Organized for Civil and Human Rights, provided testimony from women who did not feel safe in attending today’s hearing to the Commission. Cristina and Daisy read testimony into record.
Cristina read some of the testimony into record and provided copies of the testimony to the Commission
Ms. Anarchy read a couple of the statement into record and provided copies of the testimony to the Commission. She also provided the Commission with correspondence between Sex Workers Organized for Civil and Human Rights and various City departments. Ms. Anarchy emphasized, in accordance with the law, the illegal things done by clubs. She said that the stage fees were illegal and the Labor Board needed to enforce the law. Ms. Anarchy said the example of customers paying for the stage fees was not clear. She said the dancer is responsible for raising the stage fees through the box used by the club owners. The dancer not the customer is still responsible for the stage fees. Ms. Anarchy told the Commission that when she worked for Déjà vu Centerfolds the owners would post bouncers at the exits and tell the bouncers not to let the dancers escape without paying their stage fees. Club owners do let you out of clubs if you promise to pay back the fees. At Mitchell Brothers, stage fees can be up to $430.00 per weekend. Ms. Anarchy said that the legislation being introduced by Supervisor Chris Daly was created by club owners. Ms. Anarchy shared stories of sexual assault and rape in the clubs. Ms. Anarchy gave a brief back history of complaints brought forward by dancers in 1996 and in 1998. She said that each time complaints are brought forth to the police nothing happens. Ms. Anarchy said she was sexually assaulted in the booths because customers expected her to do prostitution and when she refused the customers tried to make her.
President Shorter thanked Ms. Anarchy for her testimony.
Commissioner Marks asked if the April 8th letter to the Labor Commissioner had any results.
Ms. Anarchy said she that her organization had met with Bureau of Field Enforcement and are moving forward but any assistance from other City agencies to put pressure on the Labor Commission for enforcement would be very helpful.
Commissioner Williams asked if dancers could choose the option of just dancing on the floor instead of in the booths.
Ms. Anarchy said dancers did not have that option. Most of the clubs are set up that you have to work in the booths.
Commissioner Marks asked if dancers had to pay extra for using the booths.
Ms. Anarchy said that dancers have to pay a certain amount of money whether they use the booths or not.
Michael Poslusyny, a patron of the clubs, said he has been a club patron for 25 years. He said that he used to go to Mitchell Brothers and get in for free. Mr. Poslusyny says he was thrown out from Mitchell Brothers for trying to help the dancers. He said he has developed a web-site to make the public aware of the unfair treatment dancers receive in San Francisco. Mr. Poslusyny asked why it was just dancers giving up tips [money] and not the club owners. He gave background about previous City meetings he had attended.
b. Public Testimony Regarding Labor Conditions of Exotic Dancers in San Francisco
Lt. Melinda Kern from the San Francisco Police Department’s Adult Sexual Assault Task Force gave testimony about two incidents that had been brought to her attention. Lt. Kern’s department had received allegations of sexual assault on a 14-year-old dancer and an allegation of a manager assaulting an employee who could not pay her stage fees.
Lena Gomes, an aide with Supervisor Chris Daly’s Office, described the legislation currently being developed by Supervisor Daly’s Office. Ms. Gomes said the aim of the legislation was to develop a system where clubs would have to apply for a permit to have a booth. Ms. Gomes said the allegations raised earlier were untrue and that Terrance Alan was one member of the Entertainment Commission working on this legislation. Ms. Gomes said the legislation was still in process with the City Attorney’s Office.
Commissioner Keehn asked how long Ms. Gomes had been an aid to Supervisor Daly.
Ms. Gomes said she had been an aid for six weeks.
Commissioner Keehn asked what the permit would encompass.
Ms. Gomes said the permit application would cover booths and the permits would be issued by the Entertainment Commission. She further clarified that Mr. Alan’s term would end of the Commission before the legislation could be enforced.
Commissioner Keehn asked that in the future for policies involving women that Supervisor Daly enlist the resources of the Commission and the Department on the Status of Women. Ms. Keehn also asked that Supervisor Daly and the Entertainment Commission be aware of any conflict of interest that may arise from those helping to develop legislation.
Commissioner Williams asked what gains of developing permit legislation were.
Ms. Gomes said that it would help to stop harassment and that there would be a body of enforcement.
Robyn Few from Sex Workers Outreach Project talked about her history with the industry over the past eight years. She stressed that in the past prostitution took place out of the clubs not in them. She provided the Commission with a historical account of the work her organization had done. Ms. Few stressed that when dancers speak out they are described as a ‘pain in the ass’ and not taking seriously by the club owners or the City. She said that the Labor Board cannot enforce the law due to the lack of money in their budget and the immense area labor representatives are required to cover.
David Michael, a private lawyer, said he has represented a few women on these issues. Mr. Michael said it was not just a labor issue buy a health and social issue as the current fees and booths introduce sex for sale in the community. He stressed that stage fees are categorically illegal but that no enforcement exists. He discussed what previous and current club owners had done to circumvent the law.
Nancy Banks said that there is a difference between exotic dancers and prostitutes. Dance is an art form and is entertainment. She asked that the Commission remember that the dancers are dancers not prostitutes.
8. PUBLIC COMMENT
Jennifer Grant, Director of the Riley Center, informed the Commission that her agency had encountered problems during the contracts cycle. She said there had been changes and modifications to the process in which her agency had not been notified. Ms. Grant gave examples, children’s birthday parties and client entertainment, of items that have been challenged during this cycle. She has found the process insensitive to the needs of the clients.
Executive Director Murase said that she had addressed the issues raised by Ms. Grant in an earlier conference call. She said those issues had been resolved and the contracts are moving forward. Ms. Murase informed the Commission that Caroline Donnola is working full time to move the contracts forward.
Beverly Upton, from Domestic Violence Consortium, said that these shelters are providing and doing the City’s work 24/7 for ¼ of the year without payment. The Commission trusted the agencies back in June during the proposed budget cuts now the agencies need to be able to trust the Commission.
Commissioner Keehn said she appreciated the work done on behalf of the Commission by the community.
Commissioner Marks asked that the agencies be informed of the status once the contracts are signed.
President Shorter said the Commission and the Department are committed to having contracts completed.
m/s/c (Williams/Marks/Unanimous)
Action: Adjourned meeting at 7:20 PM.
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The Board of Supervisors has amended the Sunshine Ordinance by adding provision 67A.1. The provision is effective as of January 21, 2001.
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(Chapter 67 of the San Francisco Administrative Code)
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Individuals and entities that influence or attempt to influence local legislative or administrative action may be required by the San Francisco Lobbyist Ordinance [SF Campaign & Governmental Conduct Code § 2.100] to register and report lobbying activity. For more information about the Lobbyist Ordinance, please contact the San Francisco Ethics Commission at 30 Van Ness Avenue, Suite 3900, San Francisco, CA 94102; telephone (415) 581-2300; fax (415) 581-2317; web site: sfgov.org/ethics.
