Resolution Relating to RESOLUTION________

Sponsor(s): Councilor Freeman

Introduced: ____________________
REVIEW OF SEX WORKER CHARTER SECTION AND
Referred to: ____________________
ORDINANCES ______________________________
Action: ________________________
Date: __________________________
Signed by Mayor: ________________

CITY OF BURLINGTON
In the year Two Thousand Twenty-one…………………………………………………………………………
Resolved by the City Council of the City of Burlington, as follows:

1 WHEREAS the majority of Vermont’s laws on sex work were adopted more than 100 years ago and
2 have remained largely unchanged since that time; and
3
4 WHEREAS research suggests that decriminalizing sex work for both the buyer and seller may better
5 help to protect sex workers from client violence; and
6
7 WHEREAS in a study of sex workers in Sacramento Valley, California (U.S.), most sex workers
8 indicated that they did not report violence to the police because of fear that law enforcement would blame the
9 sex workers themselves, a fear that sex workers surveyed in Chicago and New York City also predominantly
10 reported. Furthermore, in a Baltimore study, police officers themselves expressed the view that violence was
11 an inevitable consequence of sex work and not worth addressing in a serious manner, and thus they did not
12 treat sex workers’ victimization as legitimate; and
13
14 WHEREAS research indicates that certain police practices related to enforcement of sex work
15 criminalization may put sex workers (and their clients) at greater health risk. Some sex workers in a New York
16 City study reported that police confiscated or destroyed their condoms, even outside the context of arrests. A
17 number of these workers stated they carry fewer condoms due to their fear of arrest, but several indicated that
18 this did not deter them from their commitment to practicing safer sex; and
19
20 WHEREAS 22% of 250 female sex workers surveyed in Baltimore, Maryland reported physical or
21 sexual violence by a client in the past three months; and
22
23 WHEREAS the criminalization of sex work, coupled with stigmatization and discrimination based on
24 sexual orientation and gender identity, make LGBTQ sex workers even more likely to face detention and
25 unequal access to healthcare. These experiences are further amplified among LGBTQ sex workers of color.
26 Regarding mental health disparities, research indicates higher rates of depression, mental health issues, and
27 substance abuse among transgender sex workers; and
28
29 WHEREAS based on a systemic review of 87 studies from several continents, researchers developed
30 an HIV transmission model and concluded that decriminalizing sex work could have the greatest impact on
31 curbing the HIV epidemic. Specifically through decreases in sexual violence, police harassment, and unsafe
32 work environments, the study concluded that decriminalization could result in the prevention of over one-third
33 (33–46%) of projected HIV transmissions among female sex workers between 2014-2024 (ACLU Research
34 Brief: Why Decriminalize Sex Work); and
35
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Resolution Relating to REVIEW OF SEX WORKER CHARTER SECTION AND ORDINANCE

36 WHEREAS in the international sphere, there have been increasing calls for decriminalization, and
37 following examination into the human rights of sex workers in four countries, Amnesty International called for
38 all countries to fully decriminalize sex work (i.e., decriminalize the sale and the purchase of sex); and
39
40 NOW, THEREFORE, BE IT RESOLVED that the City Council hereby refers City Charter § 48 (7),
41 “To restrain and suppress houses of ill fame and disorderly houses, and to punish common prostitutes and
42 persons consorting therewith,” to its Charter Change Committee for the purpose of considering the repeal of
43 this section and possible amendments to protect those persons engaging in sex work, including the possibility
44 of decriminalization, with a report back and recommendation to the full City Council by September 27th, 2021;
45 and
46
47 BE IT FURTHER RESOLVED that the City Council introduces the following amendments, which
48 would repeal the City ordinances on sex work, for first reading and referral to the Ordinance Committee for
49 deliberation:
50
51 21-28 Use of buildings by disorderly persons
52
53 No person shall permit his buildings or other place to be used, frequented or restored to by riotous or
54 disorderly persons, or by any vagrants, gamblers or common prostitutes, nor shall any person permit
55 any boisterous, riotous or disorderly conduct therein or thereabout.
56
57 21-33 Prostitution.
58
59 It shall be unlawful for any female to be a prostitute, ply the vocation of a prostitute in this city, or
60 subject her person to prostitution, and no male shall associate and consort with such female for the
61 purpose of prostitution.
62
63 21-34 Keeping house of prostitution
64 It shall be unlawful for any person to keep a house of prostitution; permit prostitution in any house or
65 building he may occupy; be an inmate of any house of ill-fame; or in any manner contribute to the
66 support or maintenance of any house of ill-fame. It shall also be unlawful for any person having
67 control of any house or building to lease or rent the same to any prostitute to be kept as a house of ill-
68 fame.
69
70
71 PF/Resolutions 2021/Resolution related to review of charter section 48(7) and BCO 21-28, 21-33, & 21-34 (re prostitution)
72 3/22/2021