Trafficking

Trafficking in pornography: It shall be sex discrimination to produce, sel , exhibit, or distribute pornography, including through private clubs.

(i) City, state, and federally funded public libraries

or private and public university and college libraries

in which pornography is available for study, including

44

Pornography and Civil Rights

on open shelves but excluding special display presen-,

tations, shall not be construed to be traf icking in pornography.

(i ) Isolated passages or isolated parts shall not be

actionable under this section.

(i i) Any woman may file a complaint hereunder as

a woman acting against the subordination of women.

Any man, child, or transsexual who alleges injury

by pornography in the way women are injured by it

may also file a complaint.

The traf icking provision makes it possible for any woman

to bring a complaint against pornographers for subordinating

women. It is not necessary for an individual woman to show

that she has been harmed more than all other women have by

pornography. It is definitely necessary for her to prove that

the materials meet the definition of pornography, for which it

is necessary to prove that they do the harm of subordinating

women. A traf icking complaint would provide the opportunity for women to at empt to prove to the satisfaction of a trier of fact that there is a direct connection between the pornography and harm to women as a class. Such harm could include being targeted for rape, sexual harassment, battery, sexual

abuse as children, and forced prostitution. It would include

the harm of being seen and treated as a sexual thing rather

than as a human being—the harm of second-class citizenship

on the basis of gender. Sources of proof would be the same as

those used as the factual basis for passing the Ordinance: the

testimony of direct victims and other authorities and the materials themselves. The argument would be that pornography demonstrably makes women’s lives dangerous and second

class, that pornography sets the standard for the way any

woman can be treated, that so long as it is protected women

wil not be. So long as it can be done, it wil continue to be

done—to a woman. Which woman is only a mat er of roulet e.

Women in pornography are bound, bat ered, tortured,

harassed, raped, and sometimes killed. Or, in the glossy men’s

entertainment magazines, they are “merely” humiliated,

The Ordinance

45

molested, objectified, and used. In al pornography, they are

prostituted. This is done because it means sexual pleasure to

pornography’s consumers and profits to its providers. But to

the women and children who are exploited through its making

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