The sex industry and Descrimination?

[ikakene]

And, as you will note, "cock size" is not an enumerated ground for discrimination.

Not yet it doesn't. But the Charter didn't used to make provisions for sexual orientation (LGBT) either. Maybe "cock size" (or whatever) should be read in...

 

[ikakene]

Could the Doctor refuse to do a rectal exam on a black/brown/red/white man because he had not washed his ass for two weeks?

I think this is a great question. Could I sue a doctor for refusing to see me because I was dirty? What about an RMT or a physiotherapist who gave me rushed or shoddy service because I was covered in disgusting little bumps? Or a restaurant proprietor who didn't want me in her restaurant because I smelled like piss, or vomit, or both? What about an airline who refused to sell me a ticket because I was too fat for the seats?

If we could imagine closer and closer approximations to the kind of work that an SP does, we might be able to see how similar (or analogous) situations have been handled in the past.

 

[wigglee]

So you are suggesting that blacks or non-whites pose more of a health or safety hazard? If the barber, or cabbie is working alone at night I guess it is okay for them to not take clients from certain races. Well done Wiglee, I suspect the lads will be making you a Grand Wizard shortly.

People through around words like "rights" without having the first clue of what they mean.

All this is avoided by giving her the right to refuse service without giving a reason. I would however love to see you walk the walk by getting a cab licence and driving around Finch and Jane at night. Easier said than done when your life is in the balance.

 

[sexilexi]

does a lawyer have to take every case? does a roofer have to take every job? its a business deal between two people, not eating at a restaurant. the sp can accept or reject the deal offered, and really doesnt have to give any reasoning for rejecting a deal with someone she doesnt want to deal with.

doctors, physios, chiros rmts are bound by the rhpa, so not an equal comparison. an sp would be considered an independent contractor. maybe you could make a case against a brothel that employed a number of girls, if all refused service to a client, but i dont see how you could make a case against an individual sp for refusing service to anyone. im no lawyer, but seems like common sense to me.

 

[fuji]

They would only be fined and sent of sensitivity training.

The court isn't going to order a rape, and it isn't going to fine women who refuse to be raped. And no, cutting someone's hair is not the same thing as letting them shove their dick inside your body.

You confused yourself by going down this irrelevant human rights path, made a big noise about it, and now can't see the blatantly obvious point that there is a fundamental security of the person issue here. Just like you can't contract yourself to receive grievous bodily harm, you can't sign a contract that binds you to a rape, nor can you be forced into one by any court. Period. It isn't possible under Canadian law, and if the Ontario legislature tried to pass a law requiring it, that law would be chucked by the SCC.

Canadian women have a fundamental, inalienable right not to be raped.

 

[fuji]

Never mind the OHRC, if you contracted with a prostitute for sex, and you showed up, and she backs out of the deal, you cannot go to court to force her to have sex with you, nor can you go to court to impose penalties on her for failing to have sex with you. For the same reason--you can't contract rape. Period. Just like you can't contract to be murdered, or severely beaten.

The fact that it is not illegal to exchange sex for money does not mean that it is therefore something that can be forced upon someone by a court, either physically, or through fines or other penalties.

 

[curious newbee]

Is this really an 'industry' where you can go and file a complaint anywhere? Nope. That's the first thing people who get upset about this need to realize....this is not a normal business/industry. I'm a fiercely proud Canadian...but I'm not white....and I wasn't born here but came here at a young age. I've seen ladies who don't see any men who are not white. In most cases, I only read that part in the thread but not in their ads. I call them and they hear me speak...I have no accent, I'm polite, ask questions I may have in polite and non crude fashion and also let them know I'm not white. Based on the impression they get, they have chosen to see me and have had no issues. I've heard (even in the SC world) that men from certain backgrounds can be rude, arrogant, pushy...etc. I agree that it's not fair to lump all men from that background together...since there's a bad apple (or apples) in every bunch. But, if the ladies have had enough of these bad apples, I don't blame them for not wanting to put up with that crap. This is not a normal service industry...they're not selling goods....and the services are not of the normal variety...it involves their own bodies. As such, they are the President, CEO and Chairperson of their 'corporation' and can make the decision as to restricting clients they see. I've seen this discussion/rant on the forums so much. There are many beautiful women on here....and if one chooses not to see you because of her restrictions, choose another one. It's that simple.

 

[Big Tits n' Ass]

I agree, it seems like some are always looking for a reason to cry and moan. If a black or brown girl doesnt want to have sex with me cuz I'm white, thats her choice, its her body... its not like she's selling me a chocolate bar. I'll accept it and move on, not cry racism and whinge and moan and stomp my feet. boo hoo

 

[larry]

leaving aside the "RAPE" word, if a girl hangs up a sign outside that says "No Brown Men", i'd expect a newspaper story and eventually, she should lose her license. now, if she hides why she's refusing, she may get away with it for a while. but, a business cannot discriminate no matter how much we here think they should be able to. it's the law.

 

[bobistheowl]

While that is your opinion, that is not the law in Ontario. And your logic is faulty. The law in Ontario I think is pretty clear:

Section 1 of the Human Rights Code, R.S.O. 1990, c. H.19 states, Every person has a right to equal treatment with respect to services, goods and facilities, without discrimination because of race, ancestry, place of origin, colour, ethnic origin, citizenship, creed, sex, sexual orientation, age, marital status, family status or disability. The Ontario Human Rights Commission’s position is that the obligation not to discriminate on the basis of ‘sex’ includes an obligation not to discriminate on the basis of pregnancy, breastfeeding and gender identity.

At the moment there are no decided cases of an SP refusing service based on an enumerated ground, but if prostitution becomes more legitimized it could be interesting...

The problem with your logic is that you are using the analogy of a sale of a commodity, when in fact, it is a personal services contract. There is no onus on the first party to provide a service unless payment has been made, or a mutually agreed upon payment schedule has been approved.

The closest comparison might be when trying to hail a cab. If there are several persons, or if someone has lots of parcels, etc., many cab drivers will just ignore the hail. Cab drivers might refuse service to many of the same people that an Escort would, based on factors like ethnicity and hygiene. One has a right to ride on public transport, provided that that right has not been rescinded by the Court. The cab ride is a privilege extended by the driver, at his or her discretion, just like an intimate encounter.

 

[Don]

The issue with legalization is that we want the SP industry to be recognized as a "fully legit and normal" profession. This opens it up to such rules as anti-discrimination rules people are mentioning. Let's face it, this industry is not just another profession. And the reactions of SPs on this thread proves it. It is a "special" industry.