Council chiefs in Edinburgh have failed in a 'desperate' bid to exclude the union representing strippers from legal action challenging the ban on lap dancing clubs.
Lawyers for United Sex Workers (USW) applied to the Court of Session on the union's behalf to be part of a judicial review of council's decision to ban strip clubs. The City of Edinburgh Council opposed the application and tried to block sex workers from the hearing by asking the court not to allow the union to take part.
The city council also argued the union was potentially liable for the council's legal costs. But a Judge ruled on Wednesday that the USW will take part in a judicial review of the controversial nil cap decision, scheduled for December 1 and 2.
A court order was issued preventing the union from being liable for legal fees incurred by the council.
It will protect the USW from prohibitive costs which would have 'bankrupted' them.
Lord Richardson said issues of 'general public interest' were raised by the court action and ruled members of the USW had a clear interest in the outcome of the proceedings.
Owners of three adult entertainment venues in the city will take part in the review.
USW will put forward arguments against the ban including the nil-cap is indirect gender discrimination against women, who make up most strippers, under the Equality Act.
The union will also claim it interferes with dancers rights to respect for a private and family life under the European Convention of Human Rights.
Audrey, an organiser for USW said: "We are relieved that we can now go forward and be a part of this review.
"If we had been liable for legal fees of the council that would have been a big barrier.
"We were shocked by the council's attempt to exclude the voice of the workers their ban would force out of jobs.
"Now we will have a chance to be heard and defend their rights.
"We found it utterly appalling, even more so that during the bin strikes, instead of paying their own employees a fair wage in a cost of living crisis they could somehow afford the funds to pay to try and stop workers having a chance to protect their own jobs.
"This is a huge step forward.
"If we are successful in contesting the nil cap, it would force other councils to admit that closing our workplaces is unlawful."
Sarah, a stripper from the capital, said: "Our voices will be heard. I couldn't believe the council would try to deny us our say. It seems desperate and is beyond insulting.
"They tried to argue that there wasn't enough members in Edinburgh. That's pathetic.
"More than 100 workers will be forced out of jobs into dangerous working conditions.
"I'm relieved our union will have an opportunity to stand up and defend our workers rights and hope we can get the ban overturned."
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