Descrimination Against Touring Sex Workers

[AlexandraSilk]

ESCORTS NEED YOUR ASSISTANCE

Karlaa, also known as 'GK', lost a very important Anti-discrimination Case against a motel in Moranbah that refused her accommodation on the grounds that she was a legal sex worker.
QCAT (Queensland Civil and Administrative Tribunal) found no case for discrimination as presented by Karlaa and the case was dismissed under a questionable interpretation of the Liquor Licensing Act which is what QCAT based their decision on.
This case creates a precedent now for licensed motels in Queensland to discriminate against touring sex workers from all over Australia. Funds need to be raised for Karlaa to proceed with an appeal against this decision, as Karlaa has already spent approximately $3500 of her own money to get the case to where it currently is.

If the appeal doesn't go ahead then life as we know it will change dramatically for workers in Queensland. Escorts will find it very difficult to tour to or around Queensland and be able to work from Motels/Hotels without being "told" to leave or having the police called to "tell" you to leave!

Also, if the decision isn't overturned then it leaves the precedent that the Anti-Discrimination Act is a secondary piece of legislation. This will make it harder for workers to claim rights under this Act in other areas as well. Other cases of discrimination before the Anti-Discrimination Commission have been put on hold pending the appeal. If the appeal doesn't go ahead or fails, then those pending cases will, according to the Commission, most likely be dismissed. This means that the ground of 'lawful sexual activity' that protects us under the Act just won't mean anything anymore.
Please note that the money being donated is being managed by Candi Forrest from Respect Inc (QLD Sex Worker Org), with any leftover funds to be donated to Respect Inc.

To Donate to the cause or for more information please see below link

The link is broken, so taken down

 

[johnlou]

hi Alexa and i believe this might spill over into all states as well if the decision is not overturned ,

i have also made this thread into a sticky .

John

 

[Fudd]

...here's a link to the transcript if you are interested in reading the basis for the tribunal's decision.

The link is broken, so taken down



ps:...click on the "pdf" box next to the case name.

 

[Saige]

I wonder if we could use the industry nights on Monday as some sort of fund raising event??? Mary-Anne and LoneRoad what do you think???

 

[colbb123]

I wonder if we could use the industry nights on Monday as some sort of fund raising event??? Mary-Anne and LoneRoad what do you think???

If proactive Saige's fundraiser idea is taken up (IMHO sounds like a great idea) I'd support it. Help setting up before hand etc.

 

[AlexandraSilk]

Thank you Johnlou. It will be good to increase awareness around the situation.

 

[AlexandraSilk]

I wonder if we could use the industry nights on Monday as some sort of fund raising event???

Great idea Saige. Or another Boobanaza or similar to raise funds?

 

[svengali]

This is an awkward situation all round.

I sympathise with the predicament Karlaa found herself in but I can also see the Motel owner's problem and the potential for trouble from the other guests.

Trying to sleep in a strange room when on the road is not easy for some and motels generally have pretty thin walls. I have been annoyed in motels at night by over-loud T.V.s, snoring and noisy conversations etc. Add in a W.L. conducting her business and bouncing off the walls all night with her "guests" and I would end up complaining loudly to management or sleeping in my truck.

No offence to Karlaa, but I think there is a time and place for everything and a motel, especially one catering for travellers, (aren't they all?) is not the best place for a W.L. to set up shop.

Short-stay holiday units or even Hotels would make it much easier to conduct business quietly and discretely.

 

[Naughty Thoughts]

Thanks Fudd, reading the transcript helps to clarify the situation.

I'm not a lawyer, but if I'm reading the transcript right, then she was refused accommodation on the basis that she was conducting a business, not because she is a sex worker. In the transcript it says that if she wants to book a room and use it for rest, then it isn't a problem. If she wants to use it to conduct a business then they won't allow it.

Like svengali said, it's an awkward situation. But section 85 of the transcript made for interesting reading, regarding motels in general.

 

[AlexandraSilk]

Fudd thank you for posting the link to the transcript. After reading all 18 pages, I too agree with Loneroad and Svengali.
It will be interesting to see where the appeal leads. However, it doesn't really seem she has a case at this stage

 

[Fudd]

Fudd thank you for posting the link to the transcript. After reading all 18 pages, I too agree with Loneroad and Svengali. It will be interesting to see where the appeal leads. However, it doesn't really seem she has a case at this stage

....your welcome, Alex. After reading the transcript, I thought it best to post a link to the decision given that GK's website, and a couple of other sites, did not highlight the reason why the case failed in the first instance. For an appeal to be successful, she will have some work to do as she will have to show that the QCAT erred in their decision.

Fudd

 

[Peter]

Just to put in my 2 cents worth, the decision was based on the fact GK was conducting a business, then should not the same apply to traveling sales representatives who make and receive phone calls for the purpose of their respective business's from the motel, I myself have done this so would this mean I should be banned as well.

 

[Alecia the Foxx]

Thanks Fudd, reading the transcript helps to clarify the situation.

I'm not a lawyer, but if I'm reading the transcript right, then she was refused accommodation on the basis that she was conducting a business, not because she is a sex worker. In the transcript it says that if she wants to book a room and use it for rest, then it isn't a problem. If she wants to use it to conduct a business then they won't allow it.

Like svengali said, it's an awkward situation. But section 85 of the transcript made for interesting reading, regarding motels in general.

Ok then, what about sales reps on the road who stay in motels and have customers visiting them in their rooms? What about medical people who conduct job interviews from motel rooms? I know what you are saying, Lone Road, but it sounds like shit to me (the dicta from the courts, I mean.) There are people who conduct all sorts of "business" from motel rooms, and the moteliers know all about it, but have no problem with it. Hypocritical of them, and the courts, in my opinion.

 

[Naughty Thoughts]

...then should not the same apply to traveling sales representatives...

I have no legal training, but that would appear to be the case. Presumably non-sex industry workers are less likely to receive complaints.

...Hypocritical of them, and the courts, in my opinion.

I concur, but we have a legal system, not a justice system.

 

[AmyMonroe]

Its also important to understand that the QCAT's decision was not made by a court, but is really them finding a legal "loophole for the motels with liqcour licences. The basis being the another business cannot be conducted on licenced premises without approval.

If the appeal is lost, then it will in fact set a legal precedent, which is not the case at the moment.

The other point to keep in mind, is that the areas that Karlaa conducts tours to, (and the motel she was thrown out of) cater almost solely to the mining industries - these are not typical tourist areas where you would find lots of families. (which is why escorts do tours to these towns because there is plenty of business from guys away from home)

If the QCAT are saying that another business cannot operate out of licenced motels, then that should include ALL people conducting business from motel rooms - if they dont then isnt that discrimination?

 

[stovo82]

foreign sex workers may have been tricked or coerced into sex work.

 

[nightangel]

One just rule for all people staying at the hotel conducting business

 

[Jessica]

Well what else is a bloody hotel room meant for ??? Thats why coming for a visit in house to Langtrees is better- discreet, private, safe....etc.

 

[Escorts Australian]

It is very upsetting to be discriminated against in this industry (as we personally know) but there are times when you can't fight the law.

There are two key things with this case.
1) Anyone on private property can ask ANYONE for any reason what so ever, to leave.
2) The liquor licensing act 115(4a) of the Act states anyone who is or known to be a prostitute is not to enter any licensed premise. he holder of the license has the right to refused entry on this basis.

I feel for the escort but she had no case to fight for unfortunately. There is no "loop hole" it is plain and simple its a breach of the liquor licensing act. She is lucky she wasn't issued a barring notice from the motel as well.

Can i guess she didn't have a lawyer?

 

[AmyMonroe]

I think you need to understand that the case in question is in Queensland.

The worker does have a very legitimate case, and has a very good TEAM of lawyers which is why she won the first round of this case.

The case is based on discrimination - the motel is trying to use a loophole in the liquor licencing act which says another business cannot be run from a licenced premises. However this is still discrimination, as to be lawful, all other business activities run from motel rooms in Qld would also have to be stopped.

I am quite sure if the comment you made under point 2) exisited in Qld, this case would not have progressed to a now pending Supreme Court Appeal. So I think you may have your Acts mixed up for different states.

cheers
Amy

 

[Escorts Australian]

Im confused: Is this the case? http://www.smh.com.au/national/mote...efusing-her-room-tribunal-20120808-23u6y.html

Because it says she actually won!

 

[AmyMonroe]

The motel won the first court appearance, by using a loophole in the liquor licence act which stated that another business could not be run from a licenced premise, GK appealed against this decision, based on the fact that lots of other people conduct business from motel and hotel rooms where they hold a liquor licence. The appeal was upheld.

Yes she won the case, but the motel owners are appealing to the Supreme Court, hence GK has to lawyer up again to fight the appeal.

The fundraising appeal which raised over 19K was to fund the appeal.
Refer below

cheers
Amy

Re: The information below... 'GK' WON the anti-discrimination appeal proving that it is discrimination to deny legal sex workers accommodation in motels/hotels based on the fact they are sex workers. However, the Motel/Hotel is appealing the decision in the supreme court. This is now a precedent setting case.

If we cannot raise the funds needed for the legal team, WE will be forced to GIVE UP.

If we do not fight this, then the Motels/hotels win! This will be disastrous for private sex workers and their Clients (you!)



What will that mean?



The END of ALL legal sex workers TOURING or WORKING from ANY MOTELS/HOTELS in QLD and possibly AUST.

QLD HOTELS/MOTELS WILL BE LEGALLY ABLE to REFUSE accommodation to anyone THEY SUSPECT of being a Legal Sex worker. This might be ANY SINGLE FEMALE staying by herself.

QLD Hotels/Motels WILL BE ABLE to throw ANY FEMALE THEY SUSPECT out at any time day or night without fear of recrimination.

Legal Sex workers WILL NO LONGER BE ABLE to work from ANY QUEENSLAND (and possibly Australian) HOTELS/MOTELS, whether a guest or not! NO MORE INCALLS or OUTCALLS in QLD

The ramifications are further stretching than this, MOTELS/HOTELS AROUND AUSTRALIA have been watching this PRECEDENCE SETTING case, and this legislation could possibly pervade the rest of the country.

We desperately need to raise funds by October 1st 2012. PLEASE help save our rights to work and play within the private legal sex industry in Queensland. Tell your friends, tell your favourite working ladies.

Account details are below.

This case has already cost $20,000 over the last year, and our last plea only garnered $6,000. Come on people, this WILL affect us more than you realise.

The Bank Account for donations is:


BANK ACCOUNT NAME: Crimson Coalition


BSB: 114 879 ACCOUNT NUMBER: 483 605 476


BANK: St George Bank




Background to the discrimination case is below. 'GK' won this appeal, however now the motel owners are appealing the decision to the Supreme Court.

PLEASE SUPPORT US and DONATE TO THIS APPEAL ESCORTS NEED YOUR ASSISTANCE

Ladies and Gents please donate to Karlaa's (alias 'GK') Legal Appeal Karlaa, also known as 'GK', lost a very important Anti-discrimination Case against a motel in Moranbah that refused her accommodation on the grounds that she was a legal sex worker.

QCAT (Queensland Civil and Administrative Tribunal) found no case for discrimination as presented by Karlaa and the case was dismissed under a questionable interpretation of the Liquor Licensing Act which is what QCAT based their decision on.

This case creates a precedent now for licensed motels in Queensland to discriminate against touring sex workers from all over Australia.

Funds need to be raised for Karlaa to proceed with an appeal against this decision, as Karlaa has already spent approximately $3500 of her own money to get the case to where it currently is. If the appeal doesn't go ahead then life as we know it will change dramatically for workers in Queensland. Escorts will find it very difficult to tour to or around Queensland and be able to work from Motels/Hotels without being "told" to leave or having the police called to "tell" you to leave! Also, if the decision isn't overturned then it leaves the precedent that the Anti-Discrimination Act is a secondary piece of legislation. This will make it harder for workers to claim rights under this Act in other areas as well. Other cases of discrimination before the Anti-Discrimination Commission have been put on hold pending the appeal. If the appeal doesn't go ahead or fails, then those pending cases will, according to the Commission, most likely be dismissed.

This means that the ground of 'lawful sexual activity' that protects us under the Act just won't mean anything anymore.

Please note that the money being donated is being managed by Candi Forrest from Respect Inc. (QLD Sex Worker Org), with any leftover funds to be donated to Respect Inc.

The Bank Account for donations is:

BANK ACCOUNT NAME: Crimson Coalition

BSB: 114 879 ACCOUNT NUMBER: 483 605 476

BANK: St George Bank

Here is what some Escorts & Clients are saying:

** I'm stunningly shocked - this is a very, very serious issue. At this very moment in time - any Working Lady in any motel in QLD can be thrown out at any time based on the current decision from QCAT under the liquor licensing act.

** Right now - not a lot of motels know about this decision but given time - they will eventually all know.

** What can we do now? Nothing except offer Karlaa our support as peers and some financial aid.

** They have wanted to push us all into licensed brothels in Qld for a while - this may be one more step closer.

** If we fail it will severely restrict any Sex worker (national and international) from touring around Queensland initially but then as the hoteliers association catches on they can and WILL do the same thing across Australia....

** We need every person that is involved in the sex industry to support this please! Workers, clients, suppliers, Advertising sites, forum sites, Adult shops, absolutely every single person that could be affected if we are forced out of Motels/Hotels

** Geez, I can see that it is going to go back to Joh days with everything going underground in Qld – ridiculous in this day and age

** WE ARE GOING BACKWARDS. What a joke

** It is possible that WLS renting apartments could also be asked to leave, as the decision of QCAT is that WLs are not covered by the legislation IF THEY WORK FROM THE PREMISES AT ALL. So the only ones not at risk of being kicked out are people working from premises they own or are paying off via a mortgage...

** We need our clients support as well, as they need to know and understand what's going on and how detrimental to our industry this decision could be if not appealed and overturned...

** Karlaa: It’s no longer just about me and one motel owner's prejudice; it’s about ALL SEX WORKERS WHO WORK IN QUEENSLAND. Together we can stand up and be heard and fight this, as it does affect us all and our right to operate as independent, legal sole operators within Queensland.

** ALL and ANY donation/s are greatly appreciated x


Legal fund balance stands at: $19961-