Vegas Red Rooster wins in court! (again)

[VegasLee]

Some of you know we have been fighting in court for the last 2 1/2 years. Seems Clark county Nevada wanted to get rid of us after 28 years. This is our 6th round with them in 28 years and we beat them again.

The news article and copy of the judges order is here:

Judge Says Sex Club Ordinance is Unconstitutional

Lots of research, good attorneys and lots of money spent and we are still open.

[two4youinswva]

Congratulations Lee!
It's refreshing to see a club win one, and, after all the stories in Swingers in the News about how to do it wrong, it's nice to know there's a group out there that does it right, for almost 30 years no less!

Enjoy the victory.

[SW_PA_Couple]

Hurray!

I wondered what had recently been keeping you away from us. Seems like you have been busy. It is very satisfying to read this.

~Michael

[SW_PA_Couple]

Winning attorney Al Marquis says the broad language of the law could mean even a hotel could be considered a sex club simply because people went inside looking for a good time

This part in particular is classic.

[ratimadan]

Originally Posted by VegasLee

Some of you know we have been fighting in court for the last 2 1/2 years. Seems Clark county Nevada wanted to get rid of us after 28 years. This is our 6th round with them in 28 years and we beat them again.

The news article and copy of the judges order is here:

Congratulations! This is great news for freedom, and, sexual freedom in particular in our country.

[fun4Ds]

Right On !!!


fun4ds

[bbarnsworth]

Originally Posted by VegasLee

Some of you know we have been fighting in court for the last 2 1/2 years. Seems Clark county Nevada wanted to get rid of us after 28 years. This is our 6th round with them in 28 years and we beat them again.

6th round? At what point does this become malicious prosecution?

The law is a shield, not a sword.

I'm not a lawyer, but I wonder if there's grounds for some sort of case against the county, grouping all clubs together against them.

Originally Posted by VegasLee

Lots of research, good attorneys and lots of money spent and we are still open.

Thank you for fighting it. So many times, clubs just fold rather than fight. I'm not saying they're chicken. Far from it. It's just so damn expensive to fight. A local club we attend fought for more than seven years for their existence, and eventually won over the definition of 'private club'. Most other clubs in Indianapolis just folded when this all started.

What really, really irks me is nowadays the police and often enough other government officials arrest people and/or file lawsuits against them not in the hopes of winning a conviction, but in the hopes that the sheer cost of their targets defending themselves will yield a victory.

Yesterday, I read of a person who is facing 16 years in prison because he video recorded an interaction with a police officer in a public place. The DAs file charges of violating wire tapping, in that you can not record a person's voice without their knowledge and consent. It's highly likely that this person will not be convicted. But, the sheer cost of defending himself alone will be extreme. It's a sentence without a trial, by itself.

Justice is served in this country to the people who can afford it. Anyone else, just be grateful you make it through life without being charged with anything. So far, so good for me (though I was put in handcuffs once; mistaken identity).

Lee, thank you for fighting this. How much of an effect will the cost of fighting this have on your membership/attendance costs?

[VegasLee]

Originally Posted by bbarnsworth

Lee, thank you for fighting this. How much of an effect will the cost of fighting this have on your membership/attendance costs?

Thank you all for your comments. Glad to see some behind us here.

In 28 years we have never changed the suggested donation to come to the Red Rooster. The donation today is the same as it was opening night. The house started out at 800 sq. feet and is not 13,000 sq feet. Always built as the money was saved up. No debt. We will not change the donation amounts because of this either. It never was about the money, it was about the right to invite people to Mike and Chris's home and this Lifestyle.

This round cost enough that we could have bought two new homes here in Vegas with that money.

There is talk about suing Clark County for the money this time. We talked about it in the past when we got into fights with them but never did. We did not want to make more waves. This time "might" be different though. We are discussing it and trying to decide what to do.

Honestly, right now we all just want a rest from it though. I don't know if it is age or what but this battle took a lot out of all of us that where involved.

Besides winning I think the best part was my 16 year old daughter was sitting with me when we got the verdict. She looked over and saw her father put his head down on the table and cried and she came over and hugged me for a good 15 minutes. That was worth more then all of this to me. For the first time it all really got to me now that it was over.

We got the verdict late Tuesday and many have said they have see a huge change in me. I guess it was wearing on me more then I thought.

I am glad it is over and now it is time to get back to doing what we have done for so many years. Keeping the place open for all to enjoy.

Thanks again for all the support guys......

[Coupleerotic22]

I am just curious. With Vegas being sin city, and prostitution being legal (am I right on that?) the multiple prosecutions would not seem to be about morals. What is the driving force behind it?

Do they just want tax you guys more and are irritated they can't? Or is there just more muscle behind the prostitution industry to make public officials look for easier targets? Or is there some mangled thought process that makes them think that prostitution is okay morally but swinging isn't?

[VegasLee]

Prostitution is NOT legal in Las Vegas or Reno. It is only legal in small counties in Nevada. The forces behind the legal prostitution don't care anything about us.

You have to remember that Las Vegas was founded by the Mormons and most of our elected officials are Mormons.

Feb. of 2008 a couple other "house parties" really messed up and caught some press here in town. After that some officials felt the need to try to take down what is the most well known and largest Swingers party in Vegas. They felt that would scare the rest away.

It did not work. Over the years we have been the only ones that ever fought back and we did again. As we have five times in the past, we won again.

We are hoping this is over now since the county spent A LOT of money coming after us and they are pretty much broke. They have been cutting services back here in Vegas because they are billions in the hole.

I hope they use good sense and don't take another run at us. It was 12 years since the last time we tangled with them.

[bbarnsworth]

Originally Posted by VegasLee

We are hoping this is over now since the county spent A LOT of money coming after us and they are pretty much broke. They have been cutting services back here in Vegas because they are billions in the hole.

I hope they use good sense and don't take another run at us. It was 12 years since the last time we tangled with them.

Replying to this and and above post by you, about considering whether or not to file suit against them.

I think your hope that they don't come after you again is only that; hope. They've done this an average of once every five years. They will try again.

If an appropriate lawyer feels you have a strong suit to sue them for damages, thanks to the expense of defending yourself against this prosecution, I'd go for it. Then, assuming you win, put the money away for the purpose of funding your next defense.

They lost this time because the law was vague. All it takes is a rewrite of the law and the willingness (funds be damned) to go after you again. Being the biggest, longest running party of this type in Vegas, you are THE target. They WILL come after you again. It's just a matter of when.

Six times over the last near 30 years is just sick. It's got to stop. One way to help it stop is that counter-suing them teaches them that you will fight back. I know you're spent right now. You don't have to file it tomorrow. But, I would file it. Also, given that the county is broke, they'd probably be willing to settle out of court for an 'undisclosed sum', admitting no wrongdoing, rather than go through the expense of the trial process. It would be enough to achieve the ends I've noted; teaching them you fight back and getting money stockpiled for your next defense.

[fun4Ds]

Originally Posted by bbarnsworth

You don't have to file it tomorrow. But, I would file it. Also, given that the county is broke, they'd probably be willing to settle out of court for an 'undisclosed sum', admitting no wrongdoing, rather than go through the expense of the trial process. It would be enough to achieve the ends I've noted; teaching them you fight back and getting money stockpiled for your next defense.

Welp, are you sure posting your pre-meditated intentions in a public forum is for the good ? I mean he said their morman's, from what I hear, they usually know more about you than the..... Excuse me, while I put my aluminum foil hat on....so they cant read my mind

[sweet_tna]

CONGRATS on the victory, Lee!! It's nice to see the good guys win one once in awhile.

=)

[The Fuse]

Thank you Vegas Lee!

From a mostly closeted swinger who doesn't have the inclination to be open... really, thank you. If there is a fund or somewhere to send donations, would you please PM me?

[celtic239]

Lee,
Well done. I'm sure your lawyers did a great job and you want to save the expense of yet suing the county. I'm not versed in the laws of Nevada but some states have "loser pays" statutes that allow the winner in a civil suit, such as yours, the right to recover attorney's fees.