DemonKia -> RE: banned (10/10/2009 8:42:26 PM)
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Coupla thoughts, Noah . . . . . First & foremost, from what I've seen, large swathes of consensual BDSM activities probably are not actionable & could be conducted in front of a cop & the cop wouldn't bother. Similar to how I can routinely drive 4 miles an hour over whatever the posted speed limit is & cops'll never stop me, at least not in the state of Cali . . . . . Laws are far from absolute containers of behavior, in my experience. While we can go on about how this or that act is illegal, most play in play parties is fairly mild &, like I said, I seriously doubt it's legally actionable. (I don't mean having sex in public, but in some kinda hypothetical if-a-cop-should-innocently-wander-into-the-dungeon kinda way . . . . & also keeping in mind that there are current & former LE amongst kinksters -- at the bondage workshop I facilitated today a retired LE gave a presentation about handcuff use . . . . . . ) Second, I'm going to very pragmatically side with the idea that CM has consulted lawyers who specialize in protected 1st Amendment speech around porn, consensual BDSM, & etc, & I'll bet that those lawyers understand the laws & precedents about this . . . . I also have a kinda background, contextual, historical understanding that police states are expensive affectations of empire. The more broadly focused the police state, the more ineffectively law is brought to people's lives, the more expensive. & humans show a slow but clear trend to choose to spend less & less on anything but focused law enforcement on increasingly narrow sets of aberrant behaviors. &, especially right now, my prediction is on divestment of a chunk of 'wasted' LE moneys away from stuff like the 'war on politically incorrect vegetables' & suppressing prostitution . . . . . . So, I don't spend a bunch of time worrying about imminent police state impositions. More like, fingers crossed that we're gonna see some big changes with this big economic thing we're going thru, maybe a coupla years down the road, when we're still quagmired in economic crud . .. . . . There's some other factors that play into my thinking. Sadomasochistic play is far from universal amongst kinksters, & sometimes I can be persuaded that 'weal twue masochists & sadists' are the minority, even amongst kinksters . . . . . . & those are the ones engaging in the most obviously potentially actionable behaviors . . .. . Similarly, those using bondage, I'm betting, are probably a minority amongst kinksters . . . .. . Possibly bare majorities, but not much more . . . . . & I'm really unclear on bondage being illegal when it occurs between consenting adults. Really? Maybe I just need reminding what's illegal about consensual bondage . . . . There's a significant contingent of power only people, too . . . .. Maybe as many as there are edge players . . . . *scrapes brain* That's all I can think of at the moment . . . . . These are all my purely subjective feelings about what I've observed, so far. It would be nice to have quality data on the subject, but that's what I think about most everything, lol . .. . . . & it leaves me with questions about which specific activities could be potentially legally actionable, outside of the obvious -- impact play. Decorative cutting? Needle play? It was mentioned at the munch today that candles specifically marketed for dripping on people were showing up at youth clothing / accessory stores in the local mall . ... . . Does that mean that wax play is in the groove to end up vanilla? This stuff changes & evolves . . . . . .
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