READY, FIRE, AIM: Respectfully Requesting Your Testimony About Sex Work

The Colorado Senate Republicans sent out a request over the weekend, suggesting that people might want to register to testify  in opposition to Senate Bill 26-097. There’s a pending hearing on that piece of legislation.

Dear Concerned Citizen,

I hope this message finds you well. I am reaching out on behalf of the Colorado Senate Minority Caucus regarding SB26-097: Decriminalize Adult Commercial Sexual Activity, which is scheduled for a hearing before the Senate Judiciary Committee on Wednesday, March 11, at 1:30pm at the Colorado State Capitol.

SB26-097 would mandate statewide decriminalization of commercial sexual activity among consenting adults. It would allow for the creation of brothels, increased street-based commercial activity, and the advertisement of prostitution.

We respectfully request your consideration of providing testimony in opposition to SB26-097.

Registration for testimony is available here. We recognize that providing testimony requires a significant commitment of time and effort, and we sincerely appreciate your consideration.

Sincerely,
Colorado State Senate Republicans

I’m not a Republican, so I’m not sure why I received this invitation. I’m also not a sex worker; I’m a journalist. And as far as I know, none of my friends are sex workers. But only as far as I know. You can’t yet be too public about sex work in Colorado.

That’s the term sex workers normally use these days.  “Sex worker”. Once upon a time, the practitioners of this profession were referred to as “prostitutes” — or more likely “whores” or “hookers” or “ladies of the night”.  But these days, “Adult Commercial Sexual Activity” is more like work than it used to be.

Recently, four Democratic lawmakers introduced SB26-097, which would “decriminalize” commercial sexual activity in Colorado. This is not the same thing as “legalizing” adult commercial sexual activity. If the state legislature were to “legalize” it, then we would be expect an entire new state bureaucracy to be created, which is what happened when marijuana was legalized.

As I understand the difference, it’s sort of like the way “walking your dog” can be considered as “decriminalized” rather than “legalized”. If “walking your dog” were legalized, then the state would want to define the exact conditions that must be met when you walk your dog — what time of day it can occur, for example, and for how long, and the fees that need to be paid — and we would have a Colorado Department of Pet Perambulation to write and enforce a complex collection of regulations.

Surely, sex work is complicated enough, without getting the state government involved.

According to the Denver Post, Governor Jared Polis has signaled some initial support for the proposal. From an article by Seth Klamann:

“Governor Polis will review this bill as it moves through the process but supports an adult’s right to make their own decisions about their bodies,” Polis spokeswoman Shelby Wieman said Monday. “He also wants to better understand how any changes to this area of law can also better protect against crimes such as human trafficking.”

The four legislators who are sponsoring SB26-097 — Senators Nick Hinrichsen and Lisa Cutter, and Representatives Lorena Garcia and Rebekah Stewart — have their doubts about getting it passed. But the fact that marijuana was legalized in Colorado offers some encouragement, if we assume that a majority of the Colorado legislators will take a smoke break prior to the vote.

New Zealand was the first nation to “decriminalize” sex work, in 2003. Three states in Australia have done the same, and so has Belgium. But “legalization” appears to be the most popular approach, globally, with about 80 nations adopting this approach.

I sort of understand where this whole thing is headed. Like, in 2024, Belgium added full workers rights for sex workers, including access to maternity leave, sick pay, health insurance, pensions etc. Another indication that this occupation truly involves “work” — just as journalism does, except that journalists in America don’t get maternity leave, sick pay, health insurance or pensions, unless we work for a really big news outlet.

As much as it might act like one, the Daily Post is not a big news outlet.

Nevertheless, we do our best to report the big stories, and hope like hell the maternity leave and pensions arrive someday.

Louis Cannon

Underrated writer Louis Cannon grew up in the vast American West, although his ex-wife, given the slightest opportunity, will deny that he ever grew up at all. You can read more stories on his Substack account.