A lap dance is a type of sex work[1] performed in some strip clubs in which a naked or topless dancer performs an erotic dance either in immediate contact (contact dancing) with a seated patron, or within a very short distance. With full-contact lap dances, the stripper may engage in non-penetrative sexual contact with the patron, such as "grinding" her body against his. Variant terms include couch dance which is a lap dance where the customer is seated on a couch, and bed dance where the customer lies down. In some places a block session of lap dances (usually half an hour to an hour) can be booked in a "champagne room". In many clubs, the duration of a lap dance is measured by the length of the song being played by the club's DJ. Charges for lap dances vary.
Depending on the local jurisdiction and community standards, lap dances can involve touching of the dancer by the patron, the patron by the dancer, neither, or both. In some clubs, any touching by the patron is forbidden. On the other hand, absent any oversight by the club, various levels of contact may be negotiable between the participants. Clubs vary widely with regard to whether they enforce their rules, or turn a blind eye to violations.
Critics of lapdancing allege that some club owners, by installing dark private booths and charging dancers steep stage fees, are covertly condoning and encouraging the sale of sexual acts between customers and dancers. This can be a concern if, as for instance in the United Kingdom, the club has a Public Entertainment Licence rather than a Sex Establishment License, and in jurisdictions where brothels are illegal.[2][3] According to the UK paper The Guardian, "[r]esearch shows that the majority of women become lap-dancers through poverty and lack of choice."[4]
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Lap dancing clubs are a development of the earlier strip clubs, in which strippers danced on stage and were paid a wage. In the 1970s, New York's Melody Theater introduced audience participation and called it "Mardi Gras".[5] The Melody Theater became the Harmony Theater and operated in two locations in Manhattan for over 20 years until it was closed down in 1998.
In 1980, San Francisco's Mitchell Brothers O'Farrell Theatre changed its policy so that customers could have dancers come to sit naked on their laps for a $1 tip. The practice quickly spread.[3] It suited club owners, because it brought in more customers and it meant they could pay the dancers less. This then evolved into lap dancing.
In some areas of the U.S. and Canada, local authorities began cracking down on lap dancing after reports that some clubs allowed customers to engage in sexual intercourse or other sexual activity with the dancer during lap dance sessions.[6]
In 1973, an upmarket Vancouver bar "Gary Taylor's Show Lounge", employed showgirls and strippers as waitresses, who gave a free dance with every drink. It was raided by the police under the obscenity legislation, but in 1974, Judge Jack McGivern ruled that the nudity of dancers was not obscene, which started a trend of nude dancing in bars. No contact was allowed but Gary Taylor's had a boxing ring where the girls performed revealing acrobatics after stripping off, and then earned tips. American men from Washington State made the trip from the United States, which at the time had stricter laws.
In 1994, a Canadian judge Judge Hachborn of the Ontario Court, Provincial Division, in the case of Pat Mara and Allan East, the owner and manager of Cheaters Tavern; ruled that lap dancing did not contravene laws on public decency and defined what lap dancing should mean. A number of conflicting judgements were issued in the years that followed, including decisions to close certain bars in which sex acts took place on the floor of the club and other rulings in which patrons were allowed to touch the dancers as long as an actual sex act didn’t take place.
Finally, in 1999 the Supreme Court of Canada ruled that a typical lap dance did not constitute an "obscene" act within the meaning of the Criminal Code of Canada (the Crown did not argue that the lap dance constituted "prostitution" and therefore the court did not address the possible issue that the typical lap dance may contravene one or more anti-prostitution laws.[7] This led to the displacement of strip clubs and table dancing clubs in Canada by lap dancing clubs.
Lap dancing arrived and spread to every major city. A court ruled in 1996 that full strip at a Liverpool club, Angels Paradise, was acceptable, as long as the dancers were not touched at all by the client, and that the dancer must remain 12 inches away at all times. From April 2010, local authorities gained powers to respond to the concerns of local people regarding the number and location of lap-dancing clubs in their area.[8]
Some jurisdictions in the United States outlaw lap dances and enforce a minimum distance between dancer and patron. One such minimum distance ordinance in Seattle was overturned by public referendum in November 2006.[9]
Concerned about reports of sexual assault and illegal stage fees, in 2006 San Francisco's Commission on the Status of Women recommended a ban of private rooms and booths at adult clubs in the city. However a majority of dancers at the Commission on the Status of Women's meetings and San Francisco Board of Supervisors' meetings protested against these efforts, fearing for their income and claimed that these rooms are safer than other venues.[10][11]
In February 2010 the Detroit City Council voted to ban lap dances in VIP rooms.[12]
The economic position of the dancers, as employees of the clubs, has also changed. Over time, the clubs stopped paying the dancers. The stage dancing became a showcase to advertise the bodies of the dancers, whose money came from the tips – or standard charges, depending on the club – that the patrons gave them for lap dancing. In the majority of clubs, dancers are simply charged a percentage of their takings. However, the latest development in many countries, including Britain, the United States and Canada, is that many clubs charge dancers a "stage fee" or "tip-out" per shift. Given that they are paying to be there, some clubs allow as many dancers as possible to appear on any given night, increasing competition among the dancers. The vast majority of clubs will not waive this charge if the night happens to be slow. Consequently, the dancer either leaves her shift out of pocket or builds debt to the club.[13]
In the U.S., most clubs treat dancers as independent contractors, thereby avoiding the need to pay minimum wages, overtime pay and other benefits required by law. This status has repeatedly been challenged by dancers. While labor commissions and the courts have for the most part ruled that exotic dancers are employees and deserving of reimbursement for back pay and stage fees,[3][13] some court decisions have decided that an exotic dancer can be classified as an independent contractor. In June 2006, in Tracy Buel v. Chowder House (dba The Hungry I) an appellate court of California's first district ruled that dancer Tracy Buel, also known as Daisy Anarchy, was correctly classified as an independent contractor, and that "Buel shall pay defendants’ costs on appeal". A publication called the California Employment Law Letter described the case as follows: "The dancer based her suit on the fact that she was an employee of the nightclub rather than an independent contractor. The appellate court, however, after applying a 10-factor test, upheld the jury's verdict in favor of the nightclub and its owners and found that the evidence weighed in favor of classifying the dancer as an independent contractor rather than an employee."[14]
A UK study on lapdancing found that the overwhelming majority of those surveyed were satisfied with their work, because they get to choose their own hours, get paid instantly, get more money than in other available jobs, and have the opportunity to combine "fun and work" (e.g., socializing with other dancers and patrons). [15] At the same time, the study revealed various disadvantages to lapdancing work: the women never knew how much they would earn each week; they had to try to keep their job secret from friends and family; and they had to face some rude and abusive customers. As well, while most felt safe, almost half had faced frequent verbal harassment and unwanted touching from patrons. Another issue raised by the dancers was their lack of labour rights in the workplace and the high overhead costs – house fees, commissions, fines, tipping out to DJs and bouncers.[15]
The UK paper The Guardian gives a darker portrait of lapdancing, stating that "[r]esearch shows that the majority of women become lap-dancers through poverty and lack of choice."[4] The article also states that "academic research has linked lap-dancing to trafficking, prostitution and an increase in male sexual violence against both the women who work in the clubs and those who live and work in their vicinity." For example, a "recent conference in Ireland highlighted the use of lap-dance clubs by human traffickers as a tool for grooming women into prostitution; the clubs also normalise the idea of paying for sexual services."[4] "[R]esearch on strip clubs in the US found that all dancers had suffered verbal harassment and physical and sexual abuse while at work; all had been propositioned for prostitution; and three-quarters had been stalked by men associated with the club."[4]
In 2007, based on statistics from 18 dancers over 60 days, it was noted that female lap dancers earned the highest tips around the time of ovulation, during the most fertile period of their menstrual cycle, and the lowest tips during menstruation; the average difference in earning between these two times amounted to about $30 per hour. Women on the pill earned overall less than those not on the pill. The results were interpreted as evidence of estrus in humans: females apparently advertise their fertility status to males in some manner.[16] This finding earned its authors the 2008 Ig Nobel Prize in Economics.[17]
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