Rural Swingers Club Violates Zoning Rules
March 22, 2009 by Couples Click
Officials say rural swingers club violates zoning rules
A rural swingers club is facing fines of $300 per day after Shelby County officials decided it was in violation of zoning ordinances.
The club, called Topside II, was the main topic of discussion at Tuesday night’s meeting of the county plan commission.
“This isn’t something that you would expect in rural Indiana,” said Shelby County Sheriff Tom Debaun.
Amy Butcher, executive director of the commission, said the owner, Gary James, had moved the club onto an old farm he had bought in rural Shelby County after running afoul of zoning officials in Indianapolis, where she said he had operated a similar club.
The club’s Web site described it as one of the Midwest’s oldest swingers clubs.
“We don’t know if any of this activity is illegal,” said Debaun. “All of their caveats on their Web page say they don’t tolerate illegal activity, so that people who are participating in this are participating of their own free will, and they are supposed to be adults.”
However, Topside II’s Web site does request donations — from $5 for single women to about $30 for single men and couples — from those who attend the club about 15 miles southeast of Indianapolis.
The donations could be enough to classify the club as an adult business, officials said, and the area is zoned for agriculture and single-family residential use. Butcher served James with a cease-and-desist order Sept. 7, and sheriff’s deputies who conducted surveillance recently detected no activity.
The commission voted 7-0 to find the club in violation and make the fines retroactive to Sept. 7.
Neither James nor his lawyer attended the meeting.
The phone number listed on the club’s Web site was not in service Wednesday night when the Associated Press called seeking comment. There were phone listings for two people named Gary James in Indianapolis. A woman who answered the phone at one said it was a wrong number, and the other number had a recording saying that the customer had temporarily disconnected his service.
Meanwhile, the couple who agreed to sell the property to James have retained an attorney and are asking a judge to terminate the contract.
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