[Tom & Bonnie]

This is a problem that many who attempt to open a club are clueless about. Now my comments refer only to private, members only, BYOB clubs

So, here we go....

Swingers club go the private BYOB route as that is the best and safest way to offer a venue for swingers as most laws do not cover them.... yet!

When you have a liquor license you are indeed a public venue no mater how much you claim to be private. And as such you give up many rights, one of those is the ability to allow swingers to behave like swingers, go topless, erotic dancing, touching, petting and sexual activities. When you're private and BYOB you can claim the privacy route and prohibit law enforcement to enter (legally) although they will do whatever the hell they want to. You will have protection of the law after the fact.

By having a membership club you will institute certain formalities that will uphold your status as a private club. Foremost is the one on the membership form that states that you will not be offended by displays of sexual activity and nudity. In Texas at least, check your local laws, that will negate any legal action that could possibly be brought up against the club as long as you can verify that the persons who signed your legal documents (membership form) are who they say they are. In other words, when an undercover couple comes into your club ( and they will) they cannot claim to be offended if they signed the documents and you have a copy of their id on file.

As far as keeping those files private and out of the hands of the government there is a US Supreme court decision (NAACP v State of Alabama) that upheld the right of private associations to privacy and that the government has no business or authority to have access to membership lists.

I hope you understand this confusing post but the bottom line is this... If you attend a club that allows nude displays or sexual activities (on premise) and they do not require your legal names and id's you are at risk of being arrested for public lewd displays. Of course the laws in your state may vary but most are similiar. In Texas the laws state:

§ 21.07. PUBLIC LEWDNESS. (a) A person commits an
offense if he knowingly engages in any of the following acts in a
public place or, if not in a public place, he is reckless about
whether another is present who will be offended or alarmed by his:
(1) act of sexual intercourse;
(2) act of deviate sexual intercourse;
(3) act of sexual contact; or
(4) act involving contact between the person's mouth
or genitals and the anus or genitals of an animal or fowl.
(b) An offense under this section is a Class A misdemeanor.

Acts 1973, 63rd Leg., p. 883, ch. 399, § 1, eff. Jan. 1, 1974.
Amended by Acts 1993, 73rd Leg., ch. 900, § 1.01, eff. Sept. 1,
1994.


§ 21.08. INDECENT EXPOSURE. (a) A person commits an
offense if he exposes his anus or any part of his genitals with
intent to arouse or gratify the sexual desire of any person, and he
is reckless about whether another is present who will be offended or
alarmed by his act.
(b) An offense under this section is a Class B misdemeanor.

Acts 1973, 63rd Leg., p. 883, ch. 399, § 1, eff. Jan. 1, 1974.
Amended by Acts 1983, 68th Leg., p. 509, ch. 924, § 1, eff. Sept.
1, 1983; Acts 1993, 73rd Leg., ch. 900, § 1.01, eff. Sept. 1,
1994.