MichaelR -> RE: BDSM Crisis in Denver (11/18/2007 8:00:32 PM)
|
Michael responds: Soz, You've really hit the nail on the head. It's all about IF they choose to come after you. You say someone complained and the city let it go. That's great. It means that the complaint wasn't from a person or group with the power to push things. Trust me, if it was Focus on Family or someone running for office or a big political contributor or something, things might be different. As I mentioned in an earlier post (and have said often in discussions on this type of thing and in the Westword article, it's always about whether or not they choose to go after you. The "line troops", such as police and inspectors, just don't have the time or energy to bother with consenting adults. I worked behind a badge many years ago. Harassing grownups for things that don't hurt others just isn't a high priority for those guys. I told the reporter that it's like "don't ask/don't tell". They WANT us to work in that grey area where they'll leave us alone as long as nothing happens. Hell, after the spanking the Appeals court gave them the city offered to allow us to operate without a license. (Interesting as they are the ones that insisted we had to go through the process to obtain one to begin with). and as long as there were no complaints they would leave us be. If there were complaints, of course, they'd then have to look into whether we were in compliance with all applicable licensing and zoning. That's what the city offered. Naturally, they'd love that as it give them a pocket veto. First time they want us gone they go: Ooops, you have adult content and thus must be licensed. double OOOPS, you can't have that kind of activity in that location. And you're gone. Being private doesn't allow us to be exempt from the restrictions on adult content. nor to claim that when someone's naked and having their tits or asses touched that it's not adult content. Without specific categories separating that content from other types of nudity and touching, legally it's the same thing. If something of value changes hands for good or services, it's a commercial enterprise. So, without a law change, if I go to the club, strip a gal down and pinch her nipples/slap her ass/ whatever....and we paid to go in, the city has a valid legal argument that we have a commercial adult business and thus regulated by adult code. And they'll win until the law is changed. so, our approach was: Can they legally claim we have adult content Yes. To say that we don't fit the definitions of specified sexual activities or specified anatomical areas is a losing battle. We do. Can they regulate that Yes. And ya know, I'm okay with fair, and fairly applied, adult regulation. As nice as the Enclave is, I don't want it outside of regulation. If it were, then the next guy could open one next to my house, or a school. Is that allowed in our location Yes. This is the major thing. If adult content is legal in a club's location, then they can't just shove us away at will. They then need more reason than adult content itself to stop us. Which, to me, is the only way to go. Operating in a fashion that allows them to close a bdsm club down at will or because someone complains only allows them to keep us in that dark, dirty place in our heads and hearts that says we are less than, or not entitled to the same things, as other people in society. By going along with the wink wink/nod nod, "we'll leave you alone as long as nothing happens" paradigm the cities want (which leaves us completely at their mercies) we assist in the marginalization of our individual selves. quote:
ORIGINAL: MsSaskia quote:
ORIGINAL: MystressDream We have had a club closed here in Denver also. The Labyrinth. Believe me, when a city sets out to close a club of this nature, they ALWAYS look for some kind of zoning or code issue to use to close it so they don't have to face the real reason. The Enclave has adhered to every single code on the books, and that is why the city has not been able to use a code violation to shut them down. There is a donation option on their website for donations to the legal defense. Any help would be appreciated. The Denver Sanctuary has been in business as a leather/BDSM lifestyle club for awhile now, and the Harbour for several years before them. The City and County of Denver is aware of their presence and has had a hands-off relationship with the club so far, despite one person repeatedly making anonymous complaints. Denver and Commerce City are very different, but it's definitely an enforcement choice made by respective city authorities, subject to change without notice. There'd be a lot more assurance of legal protection if there were more legal precedent around the country, but when you get a prosecutor with a bug up their bum, as is happening in Commerce City, and they want to keep prosecuting minutae with the intent of bleeding a business dry, they'll do that. Contributing to the legal defense fund will help the Enclave set a legal precedent. Are there more fundraisers coming up?
|
|
|
|