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Legality of swinger house parties

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My sweetie and I were discussing the legalities of house parties. There is a very good chance our questions and concerns have been discussed in the forum. But my searches have not revealed the answers we are looking for as such.

 

This all started with a vanilla friend/employee of ours, a paramedic, telling us about this "shocking" run he recently had at a club for a potential heart attack. (BTW - the idea of swingers clubs just blew his mind...due to work relationship we stayed mute.)

 

The query is...what are the issues surrounding illegal activities as related to house parties? I say they can be raided. He says no since on private property, unless police are called for noise ordinance. Which he feels would not jeopardize guests, only owners. I have also taken the stand that if money is charged for the party now we have a pay-for-sex issue. I am unable to explain to him what the underlying justification for police raiding may be. Any takers? :rolleyes:

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No lawyer here but I did stay at a Holiday Inn Express last night :lol:

 

My thoughts:

 

I think there are many things to consider but at it's core, the simple answer (based on the laws of your state) is there is nothing really illegal about having a party at your house.

 

The normal things come to play that would bring police to your house such as being disorderly and disturbing the peace which usually results from the neighbors. Unless you were running around the house chasing each other naked and really bringing the eyes of the public upon you...it's simply a party and if people happen to get naked and have sex, well, doesn't that happen at all parties?

 

I believe that most house parties get shut down because they do stupid things such as charge which makes it no longer a party but an illegal club and other dumb things, allow drug use, prostitution, charge for alcohol.

 

Great question, someone educate us.

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True house parties are perfectly legal.

 

No charging, no illegal actions. (drugs, minors involved or drinking, etc.)

 

Can police be called. Yes, people can call police for anything they wish but as long as there are no illegal actions they can do nothing about it. Watch the noise and make sure no one is walking outside naked were they can be seen.

 

Now, if you charge and you are the host it is best to not have sex. There has been a few D.A.'s across the country call that prostitution. Also no charging for liquor or supplying it since you don't have a license to provide liquor if you are charging. Sharing with friends with no money involved is legal.

 

I am not an attorney and always advise people if you are going to have regular parties and there is money involved your first stop is a good attorney. Don't just go to the attorney, listen to them and do as they advise but still be careful, some of them give bad advice. Try to find one that has experience with adult businesses.

 

If you like to party the worst thing you can do is get into the party business. There is way more to it then most understand and are really willing to do.

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if you are not charging for entrance, then your risk is limited, but not gone.

 

-fi you violate a local noise ordinance, the cops can be called

-if a neighbor just gets pissy for some reason, they might call the cops, and:

-in some states, adultery is still on the books, and people might be arrested

-in some states, even acts such as anal sex or oral sex are still illegal and if you get a tight ass cop, they can technically bring the guests engaging in it in.

-some states do actually have laws about "houses of ill repute" which, while the definitions can vary, tend to mean places known to be places to go for sex.

 

So, no, house parties are not without risk. That said, if you watch the volume and don't charge, then your chance of having an issue, are very small to infinitesimal.

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IANAL, but I agree that if you keep the money out of the equation and keep the noise and traffic from interfering with the neighborhood, then you don't have an issue.

 

-in some states, even acts such as anal sex or oral sex are still illegal and if you get a tight ass cop, they can technically bring the guests engaging in it in.

Not wanting to get off subject, but I thought the Lawrence v. Texas ruling invalidated all state sodomy laws, or did I misinterpret that?

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no, it had to do with privacy. and the way the court interpreted/ruled, it was very narrow. many states still have the laws.

 

that is not to say that most of them could be successfully fought ;) in fact, i think all of them could be. However, that requires someone willing to become the face of it in their state and who has the money (or a really good attorney looking for free press) to fight it.

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Playful, most likely all the states that had sodomy laws on the books before the ruling still have them. It takes time and money for those states to amend their law books, so the laws stay there but are not enforced.

 

The truth is you can be arrested for just about anything if you run into the wrong cop. The reality is that its not very likely. The average street cop has more important things to do than bust the hosts of a private party, and cops who make too many questionable arrests are not going to be popular with their supervisors. I have been involved with similar discussions on a BDSM forum and the consensus is that even with door donations, arrest and prosecution are what they term unicorn events. In other words very rare, but still possible.

 

To the OP, I will give the same advice as I did earlier in another thread. Read the stories in the "Swingers in the News" section. A good many of the stories show the boneheaded things people do to get their parties in trouble, shut down, and yes even arrested. The two most common things you will see are trying to make it a business without the proper zoning and permits, or people making their parties so large and frequent that they seriously piss of their neighbors. Avoid those and anything with kids even on the property, underage drinking, and or drug use and you should be safe from arrest. The bigger risk is an overly nosy and highly religious neighbor who owns a video camera.

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Appreciate all the replies, thoughts and information. We have a week long work related road trip coming up. Looking forward to tossing this topic around some more together.

 

My gut has always felt uncomfortable with the party invitations that involve money and large groups. As well as any invites that site a regular location publicly posted on websites. Donations required have been everything from $20 to $80, plus byob. Maybe one day we'll be fortunate to receive a party invite that is "bring a dish to pass, BYOB, and a guest list consistent with the size of a vanilla dinner party/backyard cookout. Funny, we don't even know if we are the house party type. Yet, there's that urge to find out... :facelick:

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Carefully read the statutes and case law in your jurisdiction regarding "Keeping a Disorderly House" or "Keeping a Bawdy House" . They can be really vague, and include triple reverse double negatives. Usually only used in situations of actual prostitution where they can't prove elements of said prostitution. But can sometimes even be applied to a private poker game. Rank and file LE would have zero interest, but a DA or County Commissioner looking to score points with Fundamentalist voters will be out for splashy headlines even if they don't ultimately prosecute.

 

And, check the fine print about admission fees, music, dancing, and unlicensed nightclubs.

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My gut has always felt uncomfortable with the party invitations that involve money and large groups. As well as any invites that site a regular location publicly posted on websites. Donations required have been everything from $20 to $80, plus byob. Maybe one day we'll be fortunate to receive a party invite that is "bring a dish to pass, BYOB, and a guest list consistent with the size of a vanilla dinner party/backyard cookout. Funny, we don't even know if we are the house party type. Yet, there's that urge to find out... :facelick:

 

We went to one of those big, pay-at-the-door house parties a couple of weekends ago. My gut didn't like the idea even before we went, but PB wanted to check it out. I lasted about an hour and a half before I insisted on leaving. (wristbands on the males?? Oh, come on!) Then last weekend, we went to a real house party, with 7 or 8 couples, most of them already friends, and we had a wonderful time that lasted all the way through to breakfast at a local bistro the next morning. Those parties are out there, and they are FUN!

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We keep thinking that one day we will get a group of about 8 couples that all get along and have a house party among friends but people come and go so fast it seems that by the time we make 4 lifestyle friends we loose two. :sad:

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I will say...

 

I've been going to house parties at a friend's house for 8 years now...in a row house in a nice part of DC, on a Saturday night, with 25-30 people, and never has there been an issue. And, we get loud and people are leaving at all hours of the morning. There is alcohol (not BYOB), but no cover charge of any kind.

 

So, yes, technically there can be issues, but the chance of one coming up is slim.

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Like others have mentioned, there are a host of laws that come into play at any time in a residential neighborhood. And if money or liquor is involved, the amount of laws expands.

 

With that said, many of us probably know of house parties of all sizes that have been going on for years. We are going to one this weekend; it's a larger party, about 100 guests, and they charge money at the door. They offer mixers, food, and a very nice house setup with beds and towels. They've been having the party there for years with nary a hiccup. Helps though that they are rural, so the noise complaints don't exist, and they do screen the guests to some degree (either personally know them or accept only well vetted referrals).

 

We have been to some larger parties that are in residential neighborhoods, and I have to say we wondered when they would be visited by police. Having 50+ people show up in a normal suburban neighborhood is a recipe for disaster, especially if they are drinking. Neighbors are sure to complain about the cars all over, and eventually some guests get out of hand and litter or yell or do something stupid when drunk.

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My sweetie and I were discussing the legalities of house parties. . .
I'm mildly curious. Are you and your husband considering having a house party of your own? For background, my wife and I have hosted private parties for several years and have no concerns in this regard.

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While I am not a lawyer, this situation has come up many times in conversation here. Vegas has recently enacted some new laws making it illegal to have swingers clubs. Perhaps VegasLee could expound on those even more. As far as any other issues...Bottom line is this:

 

If you are charging at the door, you could be construed as running a business. Basically that means you need a license to run the business out of a home. Therefore, if the authorities come to the door and request entry and you ask them to pay, it now becomes a business and could be cited for that. Regarding the puritanical laws on some books...I could just see a trial now, and it would be comical to say the least in a courtroom. I doubt any of those obscure laws would really be enforced too stringently. I mean really, do you think someone would be sentenced for screwing another man's husband or wife? The media would have a field day with that one, although it could happen, you never know.

 

Bottom line is this...it is an unlicensed business, and that is a violation.

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Vegas Lee's advice about not charging money pretty much insulates people hosting a house party from a successful prosecution. As a former ADA it is true that anyone can be arrested but the key is whether the DA's office can obtain a guilty verdict. It is the prosecutors and not the cops who decide whether or not to proceed with criminal charges. The "bawdy house" type statutes are generally used against landlords that allow illicit business to be conducted on their property. As for prosecutions for violations of adultery/sodomy statutes I wouldn't worry so long as you invite consenting adults. There can be no arrest unless there is a complaining witness (victim).

 

The key to having a successful house party is the same as hosting say a Super Bowl Party - make sure that you don't piss off the neighbors with too much noise, too many cars on the streets inhibiting their chances of parking their cars, and make sure you don't "advertise" the party on the internet.

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I'm mildly curious. Are you and your husband considering having a house party of your own? For background, my wife and I have hosted private parties for several years and have no concerns in this regard.

 

We'd enjoy having a house party. We divide our time between two homes in two states. One is a tiny one-bedroom condo in a tight community. The other is open at all times to children stopping by. So for now we will have to stay away from hosting. :sad:

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Just as with a club the police have to have reason to show up, some sort of ordinance violation or a complaint call. Once they show up, that's when the issues arise and questions are asked in regards to pay to play. It's not their business if people are having sex at the house or with whom, as long as no laws are being broken.

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We hosted in New Hampshire for a number of years. Now charge or donations. Invitation only. 12 - 20 people. Occasionally 30 - 40. No hot tub. Message table and lots of group playing. In NH donations are income unless you are a registered charity. So no relief there. Private home party where no illegal activities or substances. Do not take over the neighborhoods with street parking. You have to know the code and law in your state, county and manicapality. The old style adult party with modest numbers without children or underage attendees is usually no issue. Takeovers, public view,parking issues, payment and charges will get you in trouble as well as zoning issues. Try entertaining a few, 6 - 10 invited people all with similar likes and expectations.

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We have been hosting house parties for years with no problems. We never charge money just BYOB and we provide everything else. We invite about 8 - 10 couples at a time. For years we were able to use the outdoor hot tub and be naked outside. Then our wonderful neighbors moved and new people moved in. They have a 2 story house overlooking our yard. She yelled from her upstairs window one sunday afternoon following a party that she video taped our guests and will call the police if we ever have another party. We decided that we will indeed have more parties, just have to move them inside. We have a tall fence separating us and privacy screens surrounding the hot tub. We aren't sure it is legal for her to peep over the fence to see what's going on. Anyone?

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