Judge upholds ban on "immoral" Swing Clubs in Phoenix

Liberated Christians
PO Box 55045, Phoenix Az 85078-5045

Promoting Intimacy and Other-Centered Sexuality

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April 2002 Update National Coalition for Sexual Freedom Phoenix Political Sexual Freedom Meeting

August 24, 1999
Judge upholds ban on "immoral" Swing Clubs in Phoenix
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."

In a case being closely watched by other communities across America with probably help from the anti-sex Christian groups, a Federal Judge again upheld the Phoenix ordinance making swing clubs illegal in Phoenix. This will be seen as a great triumph for the folks that want to deny consenting adults the freedom to express their sexuality at private swing clubs.

Highlights of Arizona Republic article August 24, 1999 "Judge Upholds ban on 'live sex' clubs":

Now for the second time Federal Judge Roslyn Silver upheld the constitutionality of the ordinance and denied a motion for a preliminary injunction filed by owners and members of the clubs.

"You bet it's a big deal", said assistant city attorney, James Hays in an article in the Arizona Republic. "This was a hard-fought lawsuit up to this point. And the city clearly wanted to prevail, and we've done the best we could do up to this point."

Phoenix's law forbids businesses where one or more people can view or participate in live sex acts in exchange for money or other items of value, essentially outlawing "social" or "sex" clubs.

Phoenix police investigating some of the clubs questioned the cleanliness of the businesses, according to court records. "After customers used three private rooms, none of the sheets and towels were changed," the order states. Owners however, have described the clubs as safe, private environment where drugs, alcohol and prostitution are prohibited. They also offer condoms and provide clean sheets, the report states.

The clubs say that by engaging in sex acts, members are expressing a message of social and sexual liberation to other members of the Club as well as a message of love, trust and honestly in their relationships to each other and to other members of the club. They say the law infringes on the patrons' freedom of expression, is too vague, overly broad and violates other constitutional rights, including free speech, equal protection and right to privacy. If the clubs are forced to close, they argue, that would cause "irreparable injury" to members.

Police have not enforced the ordinance yet, but that may soon change Hays said. "I would hope we would use it. We've worked hard to write it, to support it, and I, and my office, have worked quite hard to defend it."

City officials said they have been waiting to enforce the ordinance until the judged ruled on this motion. "The difference between then and now is that we have the benefit of this ruling," he said. "We wanted to get her view, and we're happy to see she's agreed with us.

The clubs now may have to appeal the decision to the 9th U.S. Circuit Court of Appeals.

Dave comments:

Ordinance No G-4145 "ordained by the City of Phoenix" finds swing clubs are "declared to be a disorderly house and a public nuisance per se which should be prohibited" that it "contributes to the spread of sexually transmitted diseases", and "is inimical to the health, safety, general welfare and MORALS (my caps) of the inhabitants of the city of Phoenix."

What is the biggest lie is that all the above was shown to be untrue and in fact police reports showed a very low incidents of calls, and many STD experts say swinging is one of the lowest risk groups for sexually transmitted disease. And then the ordinance claims all this is supported by their study "Factual Report" which was exposed at the hearing as nothing but nonsense and the opposite of the facts. But the City didn't want to be confused by the actual facts when the MORALS of the city was at stake!! This is more like Hitler in Germany than a free country government.

So much wasted energy and costs to the City just to deny consenting adults sexual freedom! Those that want to control your sex life, very cleverly call such clubs "live sex clubs" where "patrons are allowed to engage in or watch sex acts." The purpose of course is to make sex sound so dirty and disgusting they have to ban such clubs.

There are at least six large commercial swing clubs that face closure in Phoenix when the City decides to start enforcing the law. The law making swing clubs illegal passed in December 1998 after five public hearings and City Council discussion where at least 85% of the huge number of citizens that spoke out were against the need for any such restrictive laws. But the City Council ignored all the facts that showed how false the excuses of the city were in justifying the need for sexually repression laws. The new ordinances also make it a crime for strippers to touch their own breasts and hugging even if both people are fully clothed is now a sin punishable by the law in Phoenix. Phoenix is proud of its "no adult pleasure" status since now its somehow a safer city for neighborhoods and children.

The perverts that want to suppress sexuality and impose their view of morality are firmly in control at this point in Phoenix and similar laws are expected to be enacted by other cities around the country if as it seems the Courts are on the side of the perverts who think sex is so dirty and nasty it can't be expressed by consenting adults in private, safe environments such as swing clubs.

ALL THE PHOENIX CLUBS ARE STILL OPEN and intend to defy and fight the City. It is my understanding customers don't have any legal risk in a police raid since it the club itself that is deemed to be illegally operating which the city will go against when it tries to enforce the ordinance. The ordinance says the clubs will simply be closed by the city. It does NOT apply to groups like Liberated Christians and probably not to couples hosting private parties in their homes on an infrequent, occasional basis not as a business.

The details of the fight with the City Council and how laws were passed without any support or honesty by the city as to why it was needed is detailed at
http://www.libchrist.com/swing/finalaction.html