Geoffrey D. Wessel ([info]gdwessel) wrote,
@ 2008-08-15 11:04:00
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Sexual Harrassment At Conventions
I found this via a tweet from [info]divalea (Lea Hernandez, whose Twitter is here), an account of some reports of sexual harrassment at the recent San Diego Comic-Con. The original source is here.

With GenCon being here in Indy this weekend, I figured this might be appropriate. And I'm not even going to get started about the idiocy that someone here started about the Feeling A Woman's Boobs For Empowerment At Cons that went on a while back...

---

Overheard at San Diego Comic-Con while I was having lunch on the balcony of the Convention Center on Sunday July 27: a bunch of guys looking at the digital photos on the camera of another, while he narrated: "These were the Ghostbusters girls. That one, I grabbed her ass, 'cause I wanted to see what her reaction was." This was only one example of several instances of harassment, stalking or assault that I saw at San Diego this time.

1. One of my friends was working at a con booth selling books. She was stalked by a man who came to her booth several times, pestering her to get together for a date that night. One of her co-workers chased him off the final time.

2. On Friday, just before the show closed, this same woman was closing up her tables when a group of four men came to her booth, started taking photographs of her, telling her she was the "prettiest girl at the con." They they entered the booth, started hugging and kissing her and taking photographs of themselves doing so. She was confused and scared, but they left quickly after doing that.

3. Another friend of mine, a woman running her own booth: on Friday a man came to her booth and openly criticized her drawing ability and sense of design. Reports from others in the same section of the floor confirmed he'd targeted several women with the same sort of abuse and criticism.

Quite simply, this behavior has got to stop at Comic-Con. It should never be a sort of place where anyone, man or woman, feels unsafe or attacked either verbally or physically in any shape or form. There are those, sadly, who get off on this sort of behavior and assault, whether it's to professional booth models, cosplayers or costumed women, or women who are just there to work. This is not acceptable behavior under any circumstance, no matter what you look like or how you're dressed, whether you are in a Princess Leia slave girl outfit or business casual for running your booth.

On Saturday, the day after the second event I described above, I pulled out my convention book to investigate what you can do and who you can speak to after such an occurrence. On page two of the book there is a large grey box outlining "Convention Policies," which contain rules against smoking, live animals, wheeled handcarts, recording at video presentations, drawing or aiming your replica weapon, and giving your badge to others. There is nothing about attendee-to-attendee personal behavior.

Page three of the book contains a "Where Is It?" guide to specific Comic-Con events and services. There's no general information room or desk listed, nor is there a contact location for security, so I go to the Guest Relations Desk. I speak to a volunteer manning the desk; she's sympathetic to the situation but who doesn't have a clear answer to my question: "What's Comic-Con's policy and method of dealing with complaints about harassment?" She directs me to the nearest security guard, who is also sympathetic listening to my reports, but short of the women wanting to report the incidents with the names of their harassers, there's little that can be done.

"I understand that," I tell them both, "but what I'm asking is more hypothetical and informational: if there is a set Comic-Con policy on harassment and physical and verbal abuse on Con attendees and exhibitors, and if so, what's the specific procedure by which someone should report it, and specifically where should they go?" But this wasn't a question either could answer.

So, according to published con policy, there is no tolerance for smoking, drawn weapons, personal pages or selling bootleg videos on the floor, and these rules are written down in black and white in the con booklet. There is not a word in the written rules about harassment or the like. I would like to see something like "Comic-Con has zero tolerance for harassment or violence against any of our attendees or exhibitors. Please report instances to a security guard or the Con Office in room XXX."

The first step to preventing such harassment is giving its victims the knowledge that they can safely and swiftly report such instances to someone in authority. Having no published guideline, and indeed being unable to give a clear answer to questions about it, gives harassment and violence one more rep-tape loophole to hide behind.

I enjoyed Comic-Con. I'm looking forward to coming back next year. So, in fact, are the two women whose experiences I've retold above. Aside from those instances, they had a good time at the show. But those instances of harassment shouldn't have happened at all, and that they did under no clear-cut instructions about what to do sadly invites the continuation of such behavior, or even worse.

I don't understand why there's no such written policy about what is not tolerated and what to do when this happens. Is there anyone at Comic-Con able to explain this? Does a similar written policy exist in the booklets for other conventions (SF, comics or otherwise) that could be used as a model? Can it be adapted or adapted, and enforced, for Comic-Con? As the leading event of the comics and pop culture world, Comic-Con should work to make everyone who attends feel comfortable and safe.


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[info]lonemagpie
2008-08-15 03:45 pm UTC (link)
The probable reason why there isn't a specific guideline is because the definition of harrassment is pretty varied from person to person - one person might just sigh and take it when an asshole keeps pestering them for a date, while someone else might have another attendee thrown out for daring to use a pickup-line.

I find that at pretty much every con, someone who feels genuinely harrassed can say so to any member of the con staff and it gets sorted. (The only time we had this problem at Redemption was one drunk guy who kept touching up the same girl and trying to kiss her when she'd made her refusal clear - and a polite word stopped his behaviour. Possibly cos said polite word came from a six-foot leather-clad martial artist who may have inadvertently given some subconscious clue that further bad behaviour would result in a good kicking out in the car park...)

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[info]finn2
2008-08-15 03:45 pm UTC (link)
There's a legal morass.

Since the security guards or Con staff have to be a witness to a violation of any written policy, regardless of the nature of the offence, in order to enforce revoking the pass - the license to attend the convention - simple allegations on the part of an attendee against another attendee simply will not be something that Comic-Con (nor any other convention) can put any credence to without becoming party to the inevitable lawsuit from one or the other aggrieved or disenfranchised party.

Revoking one person's pass on the say-so of another person is a highly game-able situation. Revoking all involved parties' passes on an incident is unfair. Con staff will have to be trained to recognise what is, and what is not, clear-cut harassment - which, in a convention filled with roleplaying, will require a harassed person to clearly express in the witness of a security guard or con staffer that he or she is being harassed while the con staff or security guard is witness to the incident.

Hearsay cannot be allowed to suffice, because then the Con will be sued, civilly, regardless of the terms of contract that make it clear that the Con may revoke the pass at any time for any reason - aside from the fact that it will cause many people to simply not attend for fear that looking at a woman/man/picture/model/sculpture/Yaoi/Hentai/whatever will cause someone else to take offense and thus have them ejected from the Con.

The Con needs an affirmative legal defense to their actions when revoking someone's pass.

"The first step to preventing such harassment is giving its victims the knowledge that they can safely and swiftly report such instances to someone in authority."

That is ultimately the purview of law enforcement. Reporting an instance is hearsay. Recording an instance with video and audio and taking it to Con staff, security, the police or a lawyer will be far more effective - but there is no guarantee that video or audio can be entrained on a particular person at any given moment, and in some of the cases mentioned above, the audio or video documenting the incident is the property of the person doing the harassing - which neither Con staff nor security has any right to confiscate or view without the permission of the owner, and using such as evidence requires a subpoena, issued by judicial power.

ComicCon might have a policy described in the future. It's incredibly hard to tell - they may have to determine whether they have a legal duty to assist, whether enlisting such a policy creates an implication of an acknowledgement of a duty to assist, whether that opens the Con up to negligent tort if a staffer fails to assist, etcetera.

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[info]lyssie
2008-08-15 11:29 pm UTC (link)
aside from the fact that it will cause many people to simply not attend for fear that looking at a woman/man/picture/model/sculpture/Yaoi/Hentai/whatever will cause someone else to take offense and thus have them ejected from the Con.

That's ok. The women will just stay home, instead. Problem solved.

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I do not know you.
[info]finn2
2008-08-16 12:41 am UTC (link)
I have Asperger's and this is a textual medium, so I can't tell - was that meant to be a flip response that pithily implied that I would see such a proposal as an /actual/ solution to the problem, or is it a serious proposal that such is a solution to the problem, or is it something else entirely?

If it is the first, then I don't appreciate people twisting my words to claim that I said something I clearly have not said nor would ever represent.

If it is the second, then I disagree.

If it is the third, then I am sorry for misreading the comment and request clarification.

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Re: I do not know you.
[info]lyssie
2008-08-16 02:36 am UTC (link)
Actually, it's me not caring one whit about the poor, poor, misunderstood people who might stay home because they could be mistaken for harassing someone.

Women deal with this sort of thing every day, and if having strict measures against it means one less creep who's going to stare at my tits because it's hot and I'm wearing a tank top to stay cool? Yeah. Not so upset about it.

The bottom line is, though, that conventions are run for money. And men make up the target audience of comicbook conventions. Ergo, any measure that's put in place that might endanger that target audience won't fly.

Because if they wanted to protect people from this sort of thing, they'd already have something in place, regardless of the legal quibbles.

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[info]vainpoppy
2008-08-15 04:17 pm UTC (link)
i'm having my own booth where ass/boob grabbing is encouraged...that way everyone is happy. :)

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[info]gollumgollum
2008-08-15 04:45 pm UTC (link)
In response to the above...There may be little that the Con can actually do - that's understandable. If my wallet gets stolen, i might get someone sympathetically helping me to fill out a report, but without any witnesses or proof, the security and Con people aren't going to be able to do anything about it. That being said, if my wallet got stolen and everyone involved went "Um, huh. Don't know what to tell you. I guess you should go talk to someone else," i might be a little upset. Especially when i started talking to my friends and found out that several of us had been pickpocketed or robbed that day.

In the end, will adding something to the policy do anything to keep creeps from being creeps? Well, yes and no. The creeps probably aren't going to read the policy and think it applies to them, because frankly, the guys above probably don't see anything wrong in what they're doing. (Which is a problem in and of itself.) But it gives me a bit more of an arsenal when some guy comes up and starts to fondle or grope or (euuuughhhh) try to kiss me - i can point out where it says that Mr. Creep's badge can and will be taken away and i can go report the asshole. And sure the security guards and Con organizers may not be able to do anything...but maybe this is the twentieth complaint they've received about Mr. Creep. Or maybe a big, burly security guard walking over and saying "hey, man, that ain't cool" will be enough for him to realize that hey, man, that ain't cool.

Ultimately, the answer that sorry, there's nothing we can do about it and you should just deal because everyone's definition of harassment is different - it's the same sort of hands-off answer that leads to harassment being acceptable in the first place. Yes, my version of harassment is different from yours is different from his. But when what Mr. Creep thinks of as harassment collides with what i think of as harassment, i should be able to get some backup when i inform him that he needs to stop. The above incidents are fairly serious incidents of abuse and harassment, and in a couple of cases there are some clear, continuing patterns there that could have been interrupted by someone from the Con simply stepping up and saying "i'm sorry, sir, but what you're doing is against the policy of the Con and i'd appreciate it if you'd stop." Will that make it all better? Maybe; it's hard to say. But it would be a clear example to the people around that behavior such as the above will Not Be Tolerated on an official level. And so would a clear statement in the policies and rules.

When it comes down to it, it really disturbs me that if i stepped onto the dealer floor and lit up a cigarette, i'd be swarmed by half a dozen people telling me that i had to put that out NOW or be escorted from the floor. But if a group of four guys stepped *into* my booth and started touching and kissing me without my consent - again, eeeuuuughhhhhhh - i'd have no recourse. For real?

The author of the above isn't asking for anything all that crazy - simply adding some wording to the policy and asking for a clearly identified representative of ComicCon to be available if there are any problems, which sounds like it might be good to have around when my wallet gets lifted, too. So why's it so difficult to say that harassment is wrong?

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[info]finn2
2008-08-15 05:07 pm UTC (link)
The staff at the con, including security, have to be careful that they do not respond to an accusation of harassment by a con attendee by publicly accussing the alleged harasser in public of having committed harassment: The original allegation is legally hearsay, and unless there is an affirmative defense to the statement (prima facie evidence, having witnessed the incident with a good faith belief that it constitutes harassment based on legal expertise backed by training), it could legally constitute slander.

That opens the con staff, security, and the Con collectively to being sued for slander by the person confronted.

Ejecting an alleged harasser as a consequent of someone publicly alleging harassment - without an affirmative defense, meaning evidentiary backing - may constitute slander in and of itself.

Encouraging someone to intervene because the Con has an Official Policy that Harassment will Not Be Tolerated might be contributing to or encouraging slander if it occurs.

If the Con has a policy /and/ trains staff but does so in a manner that encourages them to confront an alleged harasser merely on the hearsay of the person levelling the allegation, the could be criminally or civilly liable.

Con staff and security and the Con itself have no more legal authority to intervene based on an allegation than any other private citizen. They must witness the incident.

That's why I led off with "There's a legal morass". The Con has to consider "What happens when someone is falsely accused?" Smoking, pets, handcarts, recording, live weapons and badge transfers are all /prima facie/ and have no legal question of fact surrounding them: It is a pet or is not a pet. You are smoking or are not. You have drawn a weapon or have not. This is your name on the badge you are carrying or it is not.

The Con would do better to state that anyone arrested by the police while attending the con will be subject to having their pass revoked and never issued a pass again in the future: That covers their legal worries because it is a matter of their public image and is applied equally to all attendees for whatever type of incident and does not involve the Con, Con Staff, or Security becoming judges of matters of fact or law, nor does it open the possibility of them accusing someone - potentially falsely, in a legally actionable manner both civilly and criminally - of a criminal act.

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[info]finn2
2008-08-15 05:15 pm UTC (link)
The Con would also be legally better served in my not-terribly-humble-and-I-am-not-a-lawyer opinion by leaving the seizing of - and therefore the revoking of - passes to the discretion of Con staff.

Usually the contract states that it can be revoked at any time for any reason and in the con I normally work - A-Kon in Dallas - I know that the staff can and will pull badges and have Security escort someone without explaining why, simply because one of us knows that the person in question is on a sex offender registry - the con doesn't officially check, it's merely the case that some of us /know/.

It is also merely the case that some of us are like Rain Man, and can recite the sex offender registry from photographic memory, or make an idle pastime out of trolling it while manning the Art Room door.

It's also the case that all the staff heads and seconds in charge and their close staff know that they can pull badges without explaining why, and will refer the person to the production company's legal department for further questions.

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[info]tamaragrey
2008-08-16 04:28 am UTC (link)
"Overheard at San Diego Comic-Con while I was having lunch on the balcony of the Convention Center on Sunday July 27: a bunch of guys looking at the digital photos on the camera of another, while he narrated: "These were the Ghostbusters girls. That one, I grabbed her ass, 'cause I wanted to see what her reaction was." This was only one example of several instances of harassment, stalking or assault that I saw at San Diego this time."

This was one bit of a conversation that she overheard-- that could very well have been a guy joking around who never grabbed anything. She's second generation don't know what happened on this one. I would want to hear from the girl in the picture.

"1. One of my friends was working at a con booth selling books. She was stalked by a man who came to her booth several times, pestering her to get together for a date that night. One of her co-workers chased him off the final time."

I used to have guys do this to me at the cigar store. I could understand asking a second time, but the ones who just never got the picture were just making idiots of themselves. Why do guys do that??

"2. On Friday, just before the show closed, this same woman was closing up her tables when a group of four men came to her booth, started taking photographs of her, telling her she was the "prettiest girl at the con." They they entered the booth, started hugging and kissing her and taking photographs of themselves doing so. She was confused and scared, but they left quickly after doing that."

OK this is downright creepy. I don't know about San Diego, but I know that at Gencon the convention staff and security don't have much visibility-- meaning that I see people at the doors of the sales room, and that's about it. As a general precaution they ought to have clearly identifiable staff walking up and down the aisles, and the ONE sheriff's deputy I saw was NOT enough for all those people. I saw staff inside selling stuff at the Gencon souvenir booth and nowhere else. If creeps know that someone might see them, they'll be far less likely to pull a stunt like this-- you don't have to be an armed guard to be a deterrent. Creeps are cowards. As it is, I was really surprised at how invisible the staff is and how few of them I have seen.

"3. Another friend of mine, a woman running her own booth: on Friday a man came to her booth and openly criticized her drawing ability and sense of design. Reports from others in the same section of the floor confirmed he'd targeted several women with the same sort of abuse and criticism."

Did anyone bother to find out if he had criticized any of the men? Or did they just ask the women? I would need to know more about this one.

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