Sex workers had their human rights violated by the council ban on strip clubs in Edinburgh, a judge was told.
Lawyers for the union representing the strippers argued their case during a judicial review of the decision at the city’s Court of Session on Thursday.
The court heard the women were being discriminated against by the closure of their workplaces, which are set to take place in April.
Three of the strippers provided affidavits telling how they would not only lose jobs, but possibly their homes and relationships.
Aidan O’Neill KC, representing owners of the capital’s four strip clubs, said the council had taken a “No Sex Please We’re British approach”.
The United Sex Workers (USW) union claims a ban would interferes with dancers rights to respect for a private and family life under the European Convention of Human Rights.
And David Welsh, acting for the USW, said some women may be forced into “underground sex work”, such as stripping at private parties which isn’t licensed.
In March Edinburgh councillors voted to impose a “nil cap” policy for sex entertainment venues (SEVs).
The cap effectively functions as an outright ban on strip clubs and was imposed after women’s groups claimed SEVs were breeding grounds for violence and toxic attitudes towards women.
Three of the strippers affected by the planned closures were at the hearing in front of judge Lord Richardson.
Following the hearing, dancer Sasha said: “I provided one of the affidavits to the court. I’ve got children so leaving the city or having to travelling long distances to work would have a real effect on me.
“We are fighting to keep our livelihoods during a cost of living crisis. I think we have very good arguments in this case.”
Mina said: “We were pleased to be here today to have our voices heard. We feel our voices were just being ignored by the council.
“It was upsetting to see how much money the council must be spending on lawyers to take away our jobs, but we’re very hopeful after the hearing.”
During his submission, Mr Welsh said strippers had provided the court with statements on how the ban would impact on them. He said one woman told how she would “struggle to pay her rent and be pushed into debt” and may have to leave Edinburgh, breaking up a relationship with her partner who would have to remain in the city.
Mr Welsh added: “They are being told stripping is no longer acceptable in Edinburgh.”
He said some women may be forced into stripping at private parties instead or “at the more extreme end” find themselves in “prostitution territory”.
He said: “The council are saying if you want to stay in Edinburgh, do a different job. If you want to do the same job you will have to do that somewhere else.”
The council had sought to exclude the USW representing strippers from the legal action challenging the ban. USW lawyers successfully applied to be part of the judicial review which is hoping to have the ruling quashed and returned to the council for reconsideration.
Mr O’Neill said the four clubs - including the Burke & Hare, Western Bar, and Baby Dolls in the city’s infamous Pubic Triangle area - were protected by retained EU law.
The KC said the council had taken a “No Sex Please We’re British approach, but the EU doesn’t get caught up in how morally worthy they are”.
He added: “When it comes to EU law, business is business.”
The hearing is set to continue today with submissions from lawyers representing the local authority.
