2009 2008 2007 2006 2005 2004 2003 2002 2001 2000 1999 1998 1997 COMMISSION ON THE STATUS OF WOMEN
City and County of San Francisco
Wednesday, November 17, 2004
5:00 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
Vice President Angela Williams Executive Assistant Bernice Casey
Commissioner Andrea Evans Justice & Courage Coordinator Justine McGonagle
Commissioner Dorka Keehn Policy Analyst Carol Sacco
Commissioner Carolene Marks
President Shorter called the meeting to order at 5:07 PM.
Commissioner Miles was excused.
Vice President Williams arrived at 5:22 PM.
No public comment.
Executive Director Emily Murase asked the Commission to add Imperative Agenda Items regarding budget cuts to the Department of Public Health programming and a domestic violence issue. Ms. Murase also asked that the CEDAW Agenda item involving Maria Cora’s appointment to the CEDAW Committee be moved so that it could be heard at an earlier time.
m/s/c (Marks/Evans/Unanimous)
Action: Adopted amended agenda for COSW Meeting, November 17, 2004.
No public comment.
m/s/c (Keehn/Evans/Unanimous)
Action: Approved Minutes from COSW Meeting, October 27, 2004.
No public comment.
4. PRESIDENT’S REPORT
In the interest of time, President Shorter postponed her report until the next Commission meeting.
- EXECUTIVE DIRECTOR’S REPORT
Executive Director Murase gave the Commission a brief update on the 2004-2007 VAW Grants. She informed the Commission that there were only three grants left to be authorized and that the Department was waiting on signatures from the City Attorney and the Controller’s Office. Ms. Murase provided an overview of the VAW Grants Post-Mortem which was held on November 8, 2004. She said the suggestions from the agencies who participated regarding the grant process were helpful. Executive Director Murase said that the meeting had marked a new partnership with the agencies and that the language itself had changed from funded agencies to Partner Agencies in recognition of the new relationship. Ms. Murase gave an overview of the work being done by the Department and referred the Commission to her full written report for further information.
No Public Comment.
8. REPORTS-MOVED AS A RESULT OF AMENDED AGENDA
- CEDAW
m/s/c (Keehn/Marks/Unanimous)
Action: Approved new CEDAW Committee Member Maria Cora.
President Shorter thanked and acknowledged the work of Ms. Cora and her contributions to the women and girls of San Francisco.
Ms. Cora thanked the Commission for her appointment. She informed the Commission that the Health Commission had not cut the Shanti Life Line program for Fiscal Year 2004-2005.
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
President Shorter read the Consent items into the record.
m/s/c (Marks/Keehn/Unanimous)
Action: Approved addition under Imperative Agenda to the Consent Agenda.
a. Resolved, That the Commission Recognizes Nobel Peace Prize Recipient Rigoberata Menchu Tum.
RES-NO 2004-028
- That the Commission Recognizes 16 Days of No Violence.
RES-NO 2004-029
- That the Commission Recognizes the California Women’s Agenda’s (CAWA) A Call to Action: Moving the Agenda for CaliforniaWomen 2005 and Beijing+10 on December 3 and 4, 2004.
RES-NO 2004-030
- That the Commission Recognizes November as National American Indian and Alaska Native Heritage Month. RES-NO 2004-031
- The Commission sent a letter to Governor Schwarzenegger stressing the importance of CEDAW in response to his veto of AB 358.
a. Testimony Regarding Labor Conditions of Exotic Dancers in San Francisco
Executive Director Emily Murase read testimony that had been submitted earlier in the day by an exotic dancer into the record.
Deputy City Attorney Paula Jesson reviewed the City codes that were related to dance clubs. She reviewed Article 15.1: Entertainment Regulations Permit and License Provisions, Article 15.2: Entertainment Regulations for Extended-Hours Premises, Article 15.4: Encounter Studios, and Article 11.2: Regulations for Adult Theaters and Adult Bookstores Permits and License Provisions. Ms. Jesson said that the City Attorney’s Office said there was some ambiguity in how City agencies look at and interpret the codes in areas of enforcement and the like.
Commissioner Keehn asked how the City Attorney determined which codes were used for the dance clubs.
Deputy City Attorney Jesson referred the Commission to the Police Department and the District Attorney’s Office.
Vice President Williams asked how many permits had been issued to dance clubs.
Deputy City Attorney Jesson referred the Commission to the Police Department and the District Attorney’s Office.
Commissioner Keehn asked about current legislation developed by Supervisor Daly which would legalize the booths. She asked what part of the code would change if the legislation passed. Commissioner Keehn also asked which code described earlier was for the exotic dance clubs. Ms. Keehn said that the earlier description of codes made it seem as though there was not a category for exotic dance clubs.
Deputy City Attorney Jesson said one must find a code matching the activities going on in the club and that there were no codes for dancers.
Commissioner Keehn asked if the codes discussed earlier were the only codes.
Deputy City Attorney Jesson said that she did not bring the police codes.
President Shorter thanked Ms. Jesson for her testimony and called Jim Hutchinson, Acting Director of the Department of Building Inspections (DBI).
Mr. Hutchinson gave an overview of the work of DBI. He said that DBI did not do routine inspections of dance clubs. Mr. Hutchinson said that investigate complaints. Last year, he said DBI received 11 life-safety issue complaints regarding booths in exotic dance clubs. Mr. Hutchinson said that one could construct a booth as long as 5’9” without a building permit but that those over 5’9” needed a permit. Mr. Hutchinson listed the 11 clubs where complaints had been filed and gave a status report on the complaints. Mr. Hutchinson submitted a report into the record.
Commissioner Keehn asked how DBI issued permits. She asked if the Planning Department, the Fire Department and DBI issued the same types of permits.
Mr. Hutchinson said that DBI looks at loss of life issues when doing inspections. He suggested that the Police Department could look at issues before issuing permits or that a change could be made to the building inspection codes.
Commissioner Evans asked what the other requirements were for the booths.
Mr. Hutchinson said that the booths could be floor to ceiling but must have a door way which is clear and open.
President Shorter thanked Mr. Hutchinson and called Assistant District Attorny Davina Pujari.
Assistant District Attorney Pujari thanked the Commission for inviting her to speak. She said that the labor
conditions of dancers in San Francisco is a very important issue to the District Attorney’s Office. Ms. Pujari gave a historical overview of the work the District Attorney’s Office has done. She said that the District Attorney’s Office, the Police Department, the City Attorney’s Office, and the Department of Building Inspection have formed a working group to discuss some of the same issues regarding labor conditions of exotic dancers. In April of 2004, the District Attorney’s Office wrote to the California Labor Commission regarding the illegal wage practices of some of the clubs. Ms. Pujari said the District Attorney’s Office had an open-door policy to meet with community representatives. She thanked the Commission for providing a forum to discuss these issues.
President Shorter asked what cases and complaints on labor conditions of exotic dancers had been brought forward to the District Attorney’s Office, and if there was any consideration by the District Attorney to prosecute the club owners following the recent arrests and chargers against the dancers for prostitution at their establishments.
Assistant District Attorney Pujari said she could not discuss specifics. She said that the District Attorney’s Office reviewed complaints. The District Attorney’s Office than looked at what criminal code or penal code was violated. In building a case, the District Attorney’s Office gathered evidence. Ms. Pujari said that timely reporting is important when looking at the statute of limitations of some crimes. She believed it was critical to involve the Labor Commission’s Field Enforcement. She said she was anxious to hear the Commission’s recommendations.
Commissioner Keehn asked what type of evidence must be presented to prosecute club owners.
Assistant District Attorney Pujari said she charges are determined based on the criminal conduct of club owners.
Commissioner Williams asked how many “johns” have been prosecuted.
Assistant District Attorney Pujari said that she did not have those specific statistics.
President Shorter thanked Ms. Pujari and called Police Department-Vice and Narcotics Division Captain Tim Hettrich.
Captain Herrich began by talking about exotic dancers and prostitutes. He said that club owners and managers who were aware of prostitution in the clubs were the same as pimps as they were extorting money from women. Captain Herrich discussed the codes for Encounter Studios and explained the difference between the codes discussed earlier by Deputy City Attorney Paula Jesson. He said that booths have to have a visible doorway so that actions inside the booth can be seen from the outside. He said that the booths are used from acts of prostitution. He said that managers for New Century and Market Cinema clubs were arrested for pimping dancers. Captain Herrich said that the Police Department has never issued a permit for Encounter Studios.
President Shorter asked what codes were regulated by the Police Department.
Captain Hettrich said that they issue Place of Entertainment permits.
The Commission asked what codes regulate the dance clubs.
Captian Hettrich again explained the difference between the codes.
Commissioner Keehn asked if there was not provision for what actions were happening in the clubs how could there be a code violation.
Assistant District Attorney Pujari said that there was an exemption code.
Public Comment.
Vicki Sawicki, from the Coalition of Labor Union Women, read a statement into record. Ms. Sawicki said that a safe environment was needed for the dancers to provide a safe environment for all women, mothers and daugheters.
Isis Rodriguez, from the Exotic Dancers Alliance, talked about the good history of the dancers in San Francisco. She said that club owners have become greedier and provided the example of the Exotic Dancers Alliance going after Mitchell Brothers for illegal fees.
Mary Sanders, from Local 790, said that dancers should have a fair wage, benefits of health care and retirement, and that they should have the expectation of a safe work environment. Ms. Sanders said that dancers have been complaining about unfair and unsafe working conditions for ten years and enough is enough.
Rosa Faye Marshall, President of the San Francisco Chapter of the Coalition of the Labor Union Women, said she supported the exotic dancers and that labor law was not being enforced on their behalf.
Sally Ann Buchman, Pride at Work-AFL-CIO, said she was here to support the exotic dancers. She said that labor laws should be supported and that dancers should have access to health care and retirement.
Maxine Doogan, Sex Workers Organized for Labor, Human, & Civil Rights, said that prostitution should be decriminalized. Ms. Doogan said that women working in the streets should not be arrested. She said that citations have been issued against club owners and managers but that the District Attorney’s Office has refused to prosecute. She said that there should be a full-hearing open to the public.
Daisy Anarchy, Sex Workers Organized for Labor, Human, & Civil Rights, provided the Commission with packets containing letters of support. Ms. Anarchy said that when the clubs quit serving alcohol they began to raise stage fees. Ms. Anarchy said these issues raised [coerced prostitution and illegal stage fees] have gone unchecked for ten years. She said the Police Department had mailed out packages to the club owners about codes and permits.
Delphine Brody, outreach worker, said that she has first hand experience with working in the streets. She said she has been forced to have sex with police officers and therefore does not think the police are the appropriate agency to investigate these clubs. She believed the District Attorney’s Office should conduct an investigation.
Rachel West, In Defense of Prostitute Safety, said that all sex-workers should be protected from violence. She said an emphasis should be placed making stage fees illegal.
Daisy Anarchy, Sex Workers Organized for Labor, Human, & Civil Rights, read a statement into record.
b. COSW Retreat Agenda
m/s/c (Williams/Evans/Unanimous)
Action: Approved the COSW Retreat Agenda for December 10, 2004.
No public comment.
c. Budget
Executive Director Emily Murase went over the budget with the Commission and discussed how the Department had absorbed the cuts from the Mayor’s Office.
Public Comment
Beverly Upton, Domestic Violence Consortium, said that she was upset the cuts were being absorbed by getting rid of Deputy Director Rosario Navarrette’s position. She said the community would be losing 15 years of experience. She wished the Department would have worked towards a more creative solution instead of losing a very senior staff position and an ally to the community.
Executive Director Murase said that the Mayor’s Office had asked for 2 staff positions. The most senior position was chosen so that early retirement would be possible.
d. Pending legislation sponsored by Supervisor Daly related to exotic dance clubs
Commissioner Keehn asked the Department to contact Supervisor Daly’s office to get an update on the status of the legislation.
No public comment.
8. REPORTS
a. Justice & Courage
Tabled by Commissioner Keehn.
No public comment.
- CEDAW
Vice President Williams informed the Commission that the next CEDAW Committee meeting would be on December 1, 2004.
No public comment.
- Friends
Vice President Williams said that Connie Perry, the current president of the Friends, would be stepping down but that other board members would still be active.
No public comment.
9. PUBLIC COMMENT
No public comment.
m/s/c (Shorter/Marks/Unanimous)
Action: Meeting adjourned at 7:06 PM.
No public comment.
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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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