PO Box 55045, Phoenix Az 85078-5045
Promoting Intimacy and Other-Centered Sexuality
COPYRIGHTED 1999 ALL RIGHTS RESERVED - MAY BE REPRINTED OR QUOTED FROM ONLY IF CREDIT IS GIVEN LIBERATED CHRISTIANS, MAILING ADDRESS IS SHOWN AND WE ARE SENT A COPY OF PUBLICATION.
A Sad Day for Adult Rights in Phoenix
Attacks on Your Sexual Freedom Is Spreading Across America!
1999: Federal Judge Upholds Citys' ban on "immoral" swing clubs
See this article for update on legal actions and how City may not start enforcing law. City has declared swing clubs a public nuisance per se which should be prohibited, and "is inimical to the health, safety, general welfare and MORALS (my caps) of the inhabitants of the city of Phoenix."
January 20, 1999 Phoenix Clubs Stay Open defying the City to violate individual rights. Many battles in the Courts may follow which sadly costs a great deal of money. But the Clubs are open and need your support and attendance.
January 9, 1999
Swing Clubs Lose Again At Appeals Court Level
(The City of Phoenix calls swing clubs sex clubs in their law)
Arizona Republic Article 1/9/98 says:
"The city's sex clubs will be closed this weekend after a federal appeals court on Friday rejected their bid to stay open.
A three-judge panel of the 9th Circuit Court of Appeals unanimously rejected the sex clubs' request to suspend a new Phoenix ordinance banning the clubs. The ruling allowed the law to take effect Friday.
On Thursday, U.S. District Judge Roslyn Silver refused to grant a temporary order blocking enforcement of the Phoenix ordinance. The appeals panel upheld Silver's ruling."
The above quoted article is not exactly correct. There are more legal challenges to come and the clubs remain open.
the sad truth is the religious right have been successful at least in the initial legal
fight in repressing sexual freedoms and they are now are being backed by the Courts but in
only the first round of the war for sexual freedoms.
January 8, 1999
Federal Judge denies Phoenix Swing Clubs Request
A request for a temporary restraining order to prevent the City from enforcing its ban on swing clubs was denied January 7, 1999 in federal court. Much of the hearing was the club's argument that their activities are protected by the First Amendment. But Judge Roslyn Silver said the ordinance restricted conduct not speech.
The City argued it has the right to declare a place a public nuisance. This of course is contrary to all the vast majority of speakers at four public hearings and the City Council meeting who overwhelming showed how the clubs reduced crime and was actually beneficial to adjacent areas. All but one club is in industrial zoning not near any neighborhood.
An appeal has been filed by some club owners to the 9th U.S. Circuit Court of Appeals.
Most swing clubs say they will stay open for business regardless of the outcome. They say members do not have to be worried about being arrested. The police could issue a misdemeanor citation to the owners of the club for not conforming to the new ordinance, however, it would not affect individual members that are at the club in any way.
Assistant city attorney James Hays says "We conduct investigations; we don't padlock businesses." But it seems from the cities presentation at the hearings they clearly want to shut the clubs down since regardless of any facts presented the Religious Right wants them closed as an immoral public nuisance. The City of Phoenix argued that paying a fee to enter a club where sex was allowable was somehow prostitution. It appears the Radical Religious Right wins again against sexual freedoms in the U.S.
I just returned from a trip to Vancouver, B.C. Canada. It's so nice in Canada where sexual rights are taken more seriously and even prostitution is a basic right in the Federal Canadian law since at least the mid 1800s. There are restrictions but basically sexual expression is much more free then in the U.S.
This does not directly effect Liberated Christians but many in our Phoenix Group do enjoy the many commercial swing clubs in Phoenix.
Great Az Republic article on sex laws in
Arizona Republic Is Exposing The Foolishness of New Sex Laws
Empty laps, happy pols, sad swingers
By David Leibowitz December 11, 1998
Great article at (link no longer good) for those who didn't see it or who are out of Phoenix.
My favorite two paragraphs:
In Phoenix, the capital of Arizona, it's now perfectly legal to stroll down Central Avenue with a .38 revolver strapped to your hip and no license of any sort. But should you want to display a pair of 38Ds while dancing at Le Girls, you'll need a background check and an official ID.
Tiffany's Cabaret was slow, Le Girls looked deserted, and the Blue Moon on Van Buren Street was near-empty. However, there were two hookers drawing plenty of attention 50 feet up the street. From johns, not the cops.
December 9, 1998
A Sad Day for Adult Rights in Phoenix
Attacks on Your Sexual Freedom Is Spreading Across America!
For comprehensive reports on all the public hearings and all the outcry that the ordinance has no legitimate basis see http://www.libchrist.com/swing/phxnewlaw.html.
The National Family Foundation's
goal in the next three years is to help 1000 cities across America restrict sexual freedom
of consenting adults just like it did in Phoenix
In a 3 hour City Council meeting discussing sexual businesses in Phoenix, with a standing room only crowd, the City of Phoenix ignored all the factual evidence and unanimously passed the ordinance making swing clubs illegal in Phoenix as well as passing restrictions on all forms of adult businesses.
The City and National Family Foundation (Protecting Children and Neighborhoods) now can claim they have make Phoenix safer for neighborhoods and children!
Just as in the four previous public hearings, a huge number of club owners, customers and attorney's did a wonderful job of presenting facts to dispute every claim made by the city...until the city played its trick at the end of the meeting after all input was over.
Letters were submitted from neighbors of clubs saying how they had reduced crime in their areas. Crime reports from the police department showed the low number of police calls to Phoenix swing clubs compared to neighborhood regular bars. The clubs are tucked away in industrial zoning far from any "neighborhood".
Attorney's argued the Constitutional issues and how so clearly there was no negative secondary effects from the clubs. In fact the crime, prostitution, drug problems have declined near the clubs. The owners argued they had been granted all the proper city licenses and had complied with all zoning all other city requirements and made large investments in their clubs.
There were lots of speakers pointing out the low HIV/STD risk in the clubs. How condoms use is so encouraged and participants who are mostly couples are very concerned about safety and good health. Even a gay activist who works with AIDS issues was very outspoken about how swing clubs are far safer from a public health standpoint then so many other activities such as cheating, street prostitution or bars.
Many women told how much they enjoy the clubs for their safety and support. One talked about how she had never been solicited nor had ever seen any prostitution activities, which is the opposite of what swing clubs are about.
The facts were clear that there was no negative secondary effect on neighborhoods, no public health issues and swinging was enjoyed by a large number of Phoenix Citizens from all walks of life.
What really got swing supporters upset was the Phoenix Police Chief standing up and claiming there was lots of prostitution activity at the clubs. This was a totally untrue statement.
The moralist supporters made the usual outlandish unsupported claims about hurting neighborhoods and of course CHILDREN! How going to a adult only club with no windows hurts children is beyond me, but that's the insanity some folks use to restrict others sexual options.
The religious group National Family
Coalition (Protecting Neighborhoods and Children) was in the forefront of leading the
moralist attack as they seek to help 1000 cities across America stamp out consenting adult
Mr. T.C. Bundy claims it's about time that Phoenix did what San Francisco did to stop disease and death that swing clubs spread. Since San Francisco has lots of swing clubs that have no legal problems I have no idea what he is talking about unless its gay bathhouses that have nothing to do with swinging
A nice little old lady did not want her children to live in a Sodom and Gomorrah society and would move her kids out of Phoenix if these clubs were allowed to exist.
Robert Ribino claimed that swing clubs "defile the community with their debauchery"
After the Public Input the Tricks Began Once the Council had finished its
required duties of listening to the Citizens it made fast work of stamping out adult
The Council asked the City Attorney 3 questions related to constitution issues, zoning and legality of swing clubs.
The City Attorney said that swing clubs have been outlawed in many cities across the U.S. and the legal staff is confident there is no constitutional issue to prevent the city from enforcing the ban.
The City Attorney at the shock and dismay of swinging supporters claimed that virtually every club, if not all (six) were in violation of the Phoenix General Plan for land use. This issue had never been claimed before or raised in any of the "proof" the city presented. The only "proof" was the huge report regarding one club that was in violation of zoning. But all the other clubs are clearly in industrial zoned areas. I have no idea what the City Attorney was talking about. Five of the six clubs are in about as industrial an area as you can be without being in the middle of a toxic waste dump (where the moralists would like them)!
The City Attorney claimed swing clubs were operating illegally from day one. Instead of arguing the prostitution issue where they previously claimed that paying an entry fee was somehow prostitution, the City Attorney claims the clubs violate many long existing U.S. and State statutes that outlaw "Bawdy houses and Houses of Ill Repute."
All of this was new information to all of us. The city never made these charges before. It only made them after all public discussion was ended. There was no response or rebuttal by clubs attorneys or anyone else allowed. Just a trick to justify the next act of the play. Of course the question is if this is true why not enforce what they think are the old laws? Why make new ones?
Immediately the Council moved to
pass the ordinance, which was quickly unanimously passed. They did take out the emergency
provision (no emergency health issue) so the law goes into effect in 30 days.
Outside the Chambers one attorney was especially livid, claiming the City Attorney had lied and will face legal action for his lies.
The clubs now have 30 days to file lawsuits and try and get a judge to issue an injunction against the new law taking effect.
Don Jindra wrote to Mayor Rimza a
great letter. I reprint a portion, with his permission and his desire to use his name. Don
I know there are people out there who get offended when others appear to be having too much fun, but is this sort of sociopathic envy really to be encouraged by the city council? I surely hope not. History shows that attempts at prohibition only make matters worse.
But as long as the city council is on this "ethics" kick, I have a better suggestion. What we really need is an ordinance restricting churches. None should be permitted within 1000 feet of a school or a residential area. It's those buildings that churn out the control freaks who demand this type of ordinance.
I've seen too many church-goers turn from decent human beings into pathological moral bullies. They pay lip service to lofty concepts like "love" and "free will" while they conspire to beat us into submission. I see evidence of a perverse gratification when they inflict sexual repression on others. They slaughter other people's passions like it's a fertility rite.
That's the real meaning of this ordinance. It's nothing more than religious persecution and exploitation in the guise of a morality play.
I, for one, am getting tired of the unwarranted sanctimony coming from the lot. Please don't let yourselves become the tools of those misguided, mean-spirited, busybodies who want to people- proof the world.
Thanks for your attention,
In The first part of Don's letter
he also has a wonderful description of his first experiences at a swing club and how the
experiences was so positive for him and his wife (who I had the pleasure of meeting). I
included the last part of his letter first (above) since it so directly related to the
Council's actions. But for those interested in the perspective of someone first exploring
such clubs I think that part of his letter is also of great interest:
Dear Mayor Rimsza,
About two months ago the local news reported that the Phoenix city council was about to consider a highly restrictive ordinance regulating the so-called sex industry. Among the targets were all the adult social clubs. In 23 years of marriage my wife and I had never been to one so we decided to see what the fuss was about. We opted for "Club Chameleon" on a couples only night.
We're not "swingers" by any description. We were high school sweethearts. Both of us have been our only sexual partners and we plan on keeping it that way. So visiting such a club made us apprehensive to say the least. We half expected a mass orgy to be raging on the other side of the door.
When we arrived, the parking lot was overflowing. We thought, if all of those vehicles were filled with swinging couples we're in deep trouble. Somehow we managed to get over our nervousness and enter.
We paid our membership and were given a tour by the owner. The first thing that struck us was how nice the place looked. Everything was spotless and most of the patrons were well dressed. The buffet was excellent. Other than the special rooms in the back, it looked like any other well kept club.
The center of attention was the dance floor. There was no sexual activity anywhere in the club until after 10pm or so. Then a few layers of clothes started disappearing and things gradually loosened up. By the time we left at 12:30am there was sexual activity going on in the back rooms but it didn't appear the least forced upon anybody, either physically or visually. In fact, our general impression was that the crowd was tame by nightclub standards. Maybe this was partly due to the fact that no alcohol was served, but I think it also demonstrated that sex and violence do not naturally mix.
Perhaps what struck us most about the club was the affection of many of the couples. This was not a den of iniquity. We felt very comfortable there. Most couples were very much into each other. Few seemed to be looking for casual sex with strangers. There were no orgies on the dance floor. In fact, male nudity was rare in most areas of the club. Neither was female nudity the norm, although it was present. The few glimpses of sex we did get seemed to be of the affectionate and loving variety. In this puritanical society with a 50% divorce rate it was refreshing to see couples be so demonstrative with their feelings. Maybe more of this sort of thing would be good for us.
Anyway, after two more visits, we cannot see how anything that goes on in this club could be offensive or harmful to any rational person.
In regards to the recently passed ordinances, I think it was Henry L Mencken who said it best: "Puritanism: the haunting fear that someone, somewhere, may be happy."
The National Family
The National Threat To your Sexual Freedom
They are the biggest enemy spreading deceptions related to adult businesses and they are based right here in Arizona.
See September 21, 1998 Arizona Republic Editorial section and article by the head of this group, Scott D. Bergthold. Look at his picture....he looks so angry... and sad... Poor guy probably has some deep emotional problem which is why he has to fight so hard against sexually orientated businesses and seeks to deprive everyone else of healthy adult sexual fulfillment. He looks like one of those fire and brimstone preachers ranting about how horrible pleasure is and sex should be only for procreation, certainly not pleasure...and certainly if not married to the person!
He talks about all the terrible things that is going on in strip clubs, like a dancer touching her breasts of all the sexual contact (giving tips in G strings). He claims that swing clubs that are shut down should thank him "-it will close them down, thereby helping them avoid felony convictions for conducting prostitution rings and participating in organized crime."
Of course since they have no legitimate arguments that make sense they try and make it a children and neighborhood issue which is so stupid. But when some folks are so concerned whether or not Clinton touched any dirty sexy parts of Monica.... Some folks I guess really do get hung up over these things we think are so stupid and childish.
I won't even mention his comparing sex between consenting adults to the "consent to smoke crack together," That is laughable in the extreme. But being rational is clearly not what its about, just fire up people's emotions. They know they can't win making it a religious issues so they grasp at protecting the kiddies and neighborhoods with senseless arguments which are so emotionally charged the ignorant or those that can't think for themselves will actually jump up and holler a big "A-Men Brother"! The saddest thing is they don't have a clue about biblical sexuality only how its been twisted and lied about by traditions with no biblical basis.
As one of our readers said, "Scott Bertghold can drown in the filth-filled gutter he's conjured up in his mind, for all I care. I'm not in the business of saving souls, just informing them."
Obviously the Arizona Republic Newspaper is fully behind the need to get rid of adult business as a risk to children and neighborhoods as their entire editorial board proclaimed earlier. I doubt if anyone with any sense is listening to us. BUT..I encourage as many as possible to write letters to the City Council, Newspapers,etc.
NATIONAL FAMILY LEGAL FOUNDATION 11000 North Scottsdale Road, #144 Scottsdale, AZ 85254 e-mail: email@example.com phone: 1-602-922-9731 (in Arizona)
From their web site (nflf.com):
National Family Legal Foundation (Protecting Children and Neighborhoods) has been providing legal resources to help communities prevent the harmful effects of sexually oriented businesses (SOBs) since 1990. NFLF helps citizens, community leaders, elected officials and city attorneys combat the blight and increased crime caused by the sex businesses in their communities.
The National COPE (Community Ordinances Protect Everyone) Campaign is a three year proactive approach aimed at helping 1000 cities in America develop stringent and constitutionally sound SOB ordinances.
The results of sex oriented business includes increases in rape and child molestation, lewd and lascivious conduct, the associated police and court costs, neighborhood blighting, decreased property values, and health costs associated with sexually transmitted diseases.
How to Keep Sex Businesses out of Your Neighborhood, "There's no place like home ... for pornography?" You call this victimless?, The problem of pornography: Why it hurts people and what you can do about it, How Can I Get Involved - ways you can be part of the winning team in your community
We Can Help You Draw the Line for Decency in Your Community National Legal Conferences, Prosecutor or City Attorney Training Seminars, statute or Ordinance Drafting and Testimony, Legal Consultation by Telephone, Trial Assistance, and Appellate and Amicus Curiae Briefs
Protecting Communities from Sexually Oriented Businesses This detailed, 428-page manual is for use by city attorneys, and county and city administrators to regulate, license and zone so-called "adult" businesses. The book contains detailed explanation of case law relating to time, place and manner regulation of sex businesses, along with valuable appendices containing key Supreme Court cases and sample ordinances.
It seems like with so much real crime going on cities should spent their time and money more productively than trying to interfere with healthy consenting adult sexuality!
For those that seek to share
genuine love for others and view sexuality as not such a dirty, nasty desire see:
Liberated Christians Cyber Resource Center at http://www.libchrist.com
Promoting Intimacy & Other-Centered Loving Sexuality for all regardless of religious belief as well as helping Christians with religious sexual repression that has no biblical basis.
Liberated Christians P.O. Box 55045, Phoenix AZ 85078-5045 E-mail: firstname.lastname@example.org
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