Union threatens council with legal action if strip clubs are banned in Bristol

A ban on strip clubs in Bristol would constitute indirect gender discrimination, argues a union that is threatening legal action if the proposal goes ahead.

Writing to the council on behalf of members, United Sex Workers states the nil-cap, which would effectively mean the closure of the city’s two sexual entertainment venues (SEVs), would disadvantage dancers, the vast majority of whom are women.

The letter, seen by Bristol24/7, states the ban would violate the public sector equality duty, contrary to the Equality Act 2010.

“The introduction of a nil-cap policy would plainly disadvantage strippers and, in turn, women. The obvious disadvantage is preventing strippers from working in an occupation, city, and venue of their choice,” writes United Sex Workers.

“This disadvantage poses a serious threat to their livelihoods, safety, and health of over 100 individuals, including strippers and other staff employed by SEVs.”

https://twitter.com/unitedswers/status/1487067378093420550

The union represents dancers at Urban Tiger and Central Chambers, who have mounted a campaign against the proposed nil-cap, saying it threatens their livelihoods and could put them at risk by forcing activities underground.

Supporters of the proposed nil-cap policy say SEVs serve to promote gender inequalities that underpin violence against women and girls (VAWG).

United Sex Workers refutes this claim, saying in the letter: “There is absolutely no evidence that the existence of SEVs correlates with an increase in VAWG, either in a specific geographical area or in general. There is evidently also no evidence of causation.”

It goes on to state that SEVs are “among the safest venues for female workers within the night-time economy”, partially due to CCTV, security, and regulation. Both strip clubs in the city had their licence renewed in September last year.

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Read more: ‘Strip clubs promote a harmful sexist culture and stand in the way of equality’

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The letter, addressed to Bristol City Council and members of the licensing committee, who will decide on the nil-cap proposals, refers to the prohibition of indirect discrimination under the 2010 Equality Act.

Indirect discrimination, states the union, occurs where a provision, criterion or practice (referred to as PCP):
(i) Places those with a protected characteristic at a particular disadvantage compared to those who do not share the characteristic; and
(ii) The PCP is not a proportionate means of achieving a legitimate aim.

United Sex Workers say: “The PCP would force most strippers into either unemployment and poverty, or more dangerous unregulated venues and/or private parties. This constitutes harm in itself and would expose the workers to a greater risk of VAWG.

“Most strippers work in SEVs out of economic necessity and transitioning into other work would, for many, be difficult. This is due to factors such as the stigma attached to stripping, the gendered impact of tax and benefit cuts, the city’s housing crisis, the gendered burden of childcare and education, and the impact of Covid-19 on the job market. That 5.2 per cent of Bristol residents claim out-of-work benefits further shows the likely difficulty of transitioning into different work. Limiting the employment opportunities of strippers will expose women to a heightened risk of poverty, VAWG, and wider harms.”

It adds: “Furthermore, requirement (b) is not satisfied. A nil-cap policy is a draconian measure that is unequivocally not “necessary” to achieve the reduction of VAWG.”

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Read more: ‘Without safe venues, women will be forced to dance in dangerous situations’

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Responding to the letter, a spokesperson for Bristol City Council said: “The responses to the recently closed sex establishments policy consultation continue to be analysed.

“Cross-party councillors sitting on the licensing committee will consider these responses and other relevant information associated with the policy before deciding if any changes to the policy are required. No date has yet been set for when this committee will meet to decide on any amendments to the policy.”

Central Chambers on St Stephen’s Street is one of Bristol’s two SEVs, which could be banned if a nil-cap is implemented – photo: Martin Booth

Main photo: Martin Booth

Read more: Should Bristol ban strip clubs?

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