USA — Adults who enjoy attending landed swinger club events in Indiana and New Jersey have lost two of their options, thanks to two recent court decisions.

A club in rural Indiana that bills itself as the states oldest is facing $300 per day fines after having been declared in violation of zoning ordinances by Shelby County officials who insist that the discreet country club “isn’t something that you would expect in rural Indiana.”

Topside II resides in an old farm purchased by Gary James, the club’s owner. James had run a similar operation in Indianapolis but relocated after encountering zoning problems there.

Shelby County Sheriff Tom Debaun says he’s not sure if anything happening at the club is illegal or not, stating that the club’s website insists it will not tolerate illegal activity and that only consenting adults are allowed entrance.

Since the club requests donations for participation, Debaun thinks it may qualify as an adult business, which is not allowed in the zoned agricultural and single-family residence area. Topside II was served a cease-and-desist order in September and police say they have not seen any recent activity.

Regardless, the county plan commission recently voted 7 – 0 to find the club in violation of zoning codes and make the $300 per day fines retroactive to September 7th. Simultaneously, the previous owners of the farm property are seeking termination of the sale agreement and a return of their land.
Meanwhile in New Jersey, the Beginnings swing club has agreed to close its door and be out of town by December 1st, after receiving dozens of citations from Rahway officials.

Calling itself “New Jersey’s Premier Club for Couples,” the private club has been in business since 1982, something mayor James Kennedy finds reprehensible, insisting that the club’s owners have “been a thorn in this city for many years; a well-known secret where sex acts were protected by laws intended to preserve the rights of Americans.”

Apparently swapping sex partners is not a right Kennedy considers protected or worth protecting, because, along with announcing that “At long last, the sex club is on its way out of Rahway” he lauded City Health Officer Rick Proctor and director of building, engineering, planning and economic development Lenore A Slothower for accompanying the city’s police into the club in March after obtaining a search warrant.

The club received 39 citations because of the raid, although club operators insist that its membership of more than 600 couples do not engage in behavior that is improper and have pointed out that it has operated for more than 20 years without incident.

According to Slothhower, adult businesses are not allowed in the city’s downtown area and can only operate in light-industrial areas with conditions.

Kennedy, a Democrat running for reelection, can add the courageous closing of this swing club to his list of career achievements, along with closing a juice bar, revoking liquor licenses for two taverns, and shutting down three massage parlors.

“I am dedicated to getting rid of prostitution, drug dealers, and sex clubs,” Kennedy announced. “Rahway will not be home to sexual exploitation and vice crimes.”

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RAHWAY-The operator of a sex club that has been ordered to close is taking aim at Mayor James Kennedy, whose re-election on Nov. 7 is being contested by former Republican Councilman Lawrence Bodine.

In a statement posted on the website “www.couples4u.com” the sex club blasts politicians who, “take control of all of our fundamental freedoms and sit in moral judgment on us as if they know better than we as to how we should choose to lead our lives.”

Although the missive does not mention Kennedy by name, the site does include an article from the Star Ledger concerning the mayor under the headline: “This Is Why We Are Having The Problems We Are.”

Earlier this year, city officials obtained a warrant to execute a search on the sex club, during which they found numerous unclothed people engaged in various acts on all three floors of the Main Street establishment.

A total of 39 summonses were filed for violations of health and zoning laws, but those charges were dismissed in a settlement that called for the sex club to vacate the city by Dec. 1.

There was a Meet-And-Greet party on Friday, Oct. 13, specifically billed as “This is a ‘Social Event’ only, held in the main room and not a normal club opening”

Leaving or not, the club operator had some stern words for city officials and praise for supporters.

“Enough is enough already!,” the statement said. “To those 248 residents of town whom have been either long time patrons of the club, are on our mailing list, or just neighbors that know us for who we really are, use your votes to make a difference.”

The sex club, known as both Beginnings2 or Tokar Services, maintains the website at couples4u.com and provided private parties catering to the alternative lifestyle called swinging, or the practice of having sex with other couples.

Swinging couples sometimes swap sex partners or may engage in group sex involving bi-sexual acts.

Since taking over as mayor nearly 16 years ago, Kennedy has had a streak of successes in ridding the city of what he termed, “sexual exploitation,” including prostitution and other vice crimes, nude dancing and sex clubs.

During his first term he ordered a series of raids that closed three massage parlors that harbored prostitutes. He was later able to close the juice bar off Routes 1&9, Razzle Dazzle, which featured nude dancing and promoted prostitution.

Kennedy’s administration also closed a number of bars that served as havens for drug dealers, including the Rahway Inn on St. George’s Avenue and the Triangle Bar on Monroe Street.

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The future the Union Street Bed & Breakfast in Schenectady is unclear.

The Schenectady business may soon be forced to shut down after an ordinance, unanimously passed by the City Council Monday night, says the B&B will no longer be able to host sex parties for swingers.

If signed by Mayor Brian Stratton, the ordinance will limit adult businesses to areas zoned industrial.

Despite that decision, the owner of the business, Bob Alexson, says he will continue to have the parties, even though it could mean fines, or even an arrest.

“It’s none of their business what I do in my own personal home,” says Alexson. “Would you like it if someone came into your bedroom with a TV camera? What I do in my own personal bedroom does not involve my bed and breakfast.”

Alexson promises to fight the decision. He could have up to a year to move the business if he is able to prove financial hardship.

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A SLEAZY swingers club exposed by the Sunday Mail got a surprise visit from cops last week – as a sex party was going on.

CJs, in Edinburgh’s New Town, was visited due to a licensing application and one punter had to be released from a set of stocks to let officers inspect the venue.

A source said: “There were several couples in the club.

“There was someone in the stocks but he managed to extricate himself before the police saw him.”

Following the police visit, a license extension application has been rejected.

CJs opened last month, is run by former Royal Bank of Scotland manager Caroline Bulmer and hosts sex parties twice a week.

Punters are charged £30 at the door and adverts boast of playrooms, groping rooms and rooms full of porn.

The building is leased to David Coutts, an ex-Dundee council opposition leader.

He quit as a taxi firm boss on Monday after the Mail revealed the club was his.

A police spokesman said: “Officers from the licensing section did visit the club in East Claremont Street. This was routine because the club applied for an extension to its entertainments license.”

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Aaron Jones, 38, of 5 Ashburton Court, admitted a charge of conducting himself in a disorderly manner, placing his former girlfriend in a state of fear and alarm and committing a breach of the peace on Boxing Day.

Fiscal depute Shona Duncan told Elgin Sheriff Court that Jones had uploaded pictures and personal details about his former partner, who he had been with for seven years.

None of the photographs were of a sexual or explicit nature, she added.

Jones had e-mailed the woman to tell her what he had done, but she ignored it.

The offence came to light last week when another man contacted her by e-mail after seeing her images and information on the website.

Miss Duncan said: She then looked at her profile and was able to view some of the pictures and information. She was shocked and phoned the police.

Jones, who works on a freelance basis fixing computers, admitted what he had done when interviewed by police.

Yesterday, he appeared in court from custody.

His solicitor, David Adam, said Jones had become involved in a tit for tat dispute after information about him was put on a social networking site by his former partner, which he took exception to.

He had been asked by police to remove the profile and had done so.

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NEW PORT RICHEY – Club Elite’s Web site boasts that it’s Tampa Bay’s Premier Swingers Club.

A photograph of its owners Eric and Angie Kubb formally dressed is displayed with a personal message about their lifestyle and dedication in promoting it to others in the swinging community.

They have poured their hearts and souls into the creation of Club Elite and are making it the home for Floridian swingers and swinging visitors from around the world, their site reads.

Pasco County officials, however, don’t see it as such a boon to their community.

On Feb. 2, Pasco County filed a lawsuit against the club and its owners in Pasco Circuit Court asking a judge to find Club Elite in violation of local zoning codes, alleging it’s a sexually oriented business in an area not zoned for that sort of thing.

The suit also asks a judge to order the club to permanently cease and desist all sexually-themed performances or performances featuring specified anatomical areas.

The suit states that permanent injunctive relief is necessary to protect the quality of life, public health, safety and general welfare of the citizens, and in order that the county may fulfill its obligations to the citizens in enforcing the laws and ordinances of Pasco County.

In addition to Club Elite and the Kubbs, the suit also names W.J. Investments, owner of the property; S&G Investments of Hernando County Inc., which owns the liquor license to Club Elite; and Susan Panesso, who is listed as an owner, as defendants.

The club’s attorney, Julian Hayes, said today his clients haven’t been served with the lawsuit and he hasn’t seen it.

What can I say if I haven’t seen the allegations? Hayes asked.

Eric Keaton, Pasco County spokesman, said neither he nor the attorney who filed it for the county can comment on the case now that it’s in litigation.

The club opened in September 2007, and since the beginning complaints have been going into the sheriff’s office – so many that in November of that same year detectives began an undercover investigation which continued until April. The investigative reports were released today.

All Quiet Outside

During the day, there are no signs of what goes on at the club located on the second story of West Port Plaza, a strip mall at 9721 U.S. 19, Port Richey, just north of Gulf View Square. Below it, patrons frequent businesses such as a bakery, a dentist and a deli, probably without realizing a club is above them.

But Wednesday through Sunday at 8 p.m. – or 6 p.m. on Sundays – when Club Elite Opens its doors until the wee hours, it’s clear there’s a party of a different kind inside beyond the tinted windows.

Club Elite Florida caters to sensually erotic couples and singles, according to the Frequently Asked Questions section of the Web site. Our goal is to provide a clean, no-pressure environment where fun, passion, romance, incredible excitement and more are all possible in a first class upscale atmosphere. … Erotic memories will be made at this prestigious club.

The lawsuit alleges Club Elite offers members sexually themed floor shows, sexually themed contests and areas where people can watch others engaged in sexual activities.

When undercover detectives – two men and two women – visited the club, they observed this type of behavior many times over, the reports say.

According to the reports:

During their first visit on Nov. 24, 2007, a male and female detective team was given a free yearlong membership by owner Eric Kubb. They were given a tour and shown the bottle club area, a buffet area, a lingerie/adult toy shop, a pool and dartboard room and then the private room area. A large leather couch in the middle room was circled by about 10 rooms for patrons.

The tour guide explained that if a room’s door was closed the people inside couldn’t be disturbed but if it was open they were allowed to watch but could only join the activity if invited by the people inside. Later, the detectives witnessed sex acts inside the rooms.

On another night, detectives watched a show involving a woman clad only in a black thong with her arms bound above her by leather constraints while a man struck her with a leather whip.

Undercover Findings

On another occasion, a male detective participated in a wet T-shirt contest after fearing the owners were on to his cover, the report states. The female detective was later dared to put on the male detective’s wet, ripped T-shirt and went into the ladies’ room and changed into it. No parts of her breasts were showing, she noted in the report. When she went back out into the club area, Eric Kubb said, Now that’s sexy.

On several occasions, the owner told the undercover detectives that he was running a clean business and wasn’t violating any laws. Detectives never found any evidence of drug use or sales and never saw any instances of anyone paying for sex, said sheriff’s office spokesman Kevin Doll.

Despite the lengthy investigation, no criminal charges have been filed against any members or employees of the club. Doll said detectives likely could’ve made arrest based on lewdness laws, but it would have blown the operations cover and similar arrests at strip clubs have held up in court.

The club is private, he added. It requires an annual membership fee of $75 per couple, $20 for single females and $100 for single males, but nightly pricing is available.

Swinging isn’t against the law, Doll said.

The detectives reported to the county that the club appears to be in violation of zoning laws, which is how it eventually led to the lawsuit, he added.

No hearing has been set in the case.

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LOUISVILLE, Ky. — A building that some say houses an adult swinger’s club appears to have been closed since the downtown warehouse next door burned on March 17 in a six-alarm fire.

The St. Patrick’s Day fire gutted the abandoned warehouse. It was the largest blaze the city has seen in more than 40 years.

But the long building next to the warehouse, on the south side of Zane Street, was mostly unharmed in the fire. It is known as the “BGS Club” or “Bluegrass Secrets,” and is owned, at least in part, by Bart Cohen. Fire officials said the club has many bedrooms inside. Sources have said that the building houses a swinger’s club, and websites registered to the club owner seem to confirm that.

The BGS club has remained closed since the fire, but owners are working to reopen it.

After the warehouse fire was extinguished, owners of the club discovered that the fire department had shut off the electricity.

A letter to the club’s attorney from the fire department reads in part, “This office contends that your client’s building and its occupants (BGS Club) are in danger due to its proximity to the existing deteriorated structure. If a fire occurs in the vicinity … We cannot be assured that structural failure would not create a domino collapse effect onto the BGS club.”

Club owners and their attorney disagree with the assessment that the deteriorating warehouse structure poses a fire threat to the club. They are suing to regain electricity to the BGS Club building.

Meanwhile, the warehouse will be demolished in six weeks, and the club still remains closed.

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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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I’m ecstatic, said Marie, who runs the club with her husband Joe, adding that with some luck they’d be able to open their doors by mid-April.

Marie, who asked that her last name not be used, said critics have a distorted idea of what her club – which she described as 80 per cent social and 20 per cent sexual – does.

We are a private lounge, she said. I’m really sorry, but there are no mattresses on the floor; you don’t walk in and get naked.

A permit to rezone the old Jasper Place Theatre for a private club was originally granted and 4Play, as the club is known, had planned to open their doors on Valentine’s Day.

A community group appealed that ruling though, and the permit was put on hold until Thursday’s hearing.

In council chambers, Barb Busse from the Britannia Community League argued the club’s late hours and ambiguous membership size would mean cars driving in and out at all hours with horns blaring and alarms going off.

Other presenters said the area – a mix of businesses and single and multi-family houses and apartment buildings – was already short on parking and couldn’t handle more traffic.

But Rich Cholach, speaking for the numbered company that owns the building, said they had already agreed to lease parking stalls from an adjacent strip mall.

Marie, meanwhile, said criticism of the hours was absurd.

The club only operates on Friday and Saturday nights from 7:00 p.m. on, she said.

Sorry man, I’m way passed middle age, she added. I’m dead by 2.

Marie also said the club operated out of a location at 122nd Street and Stony Plain Road for 10 years with no complaints over parking, noise or rowdy behaviour.

In case you don’t know, alcohol is not an aphrodisiac, she said. So our members do not get impaired. Drugs are not allowed … prostitutes do not come to our place.

Some presenters, though, were not swayed.

One local businessman told the committee, made up of members of the Subdivision and Development Appeal Board, that allowing the club to move into the building near Stony Plain Road and 156th Street would ruin years of efforts to revitalize the neighbourhood.

In one fell swoop the city will destroy 15 years of hard work, said Les Halpert, an accountant.

His voice often trembling with anger, Halpert said the combination of alcohol and sex at the club would likely lead to fights sparked by jealous rages and that he feared for the safety of his female staff.

A local pastor, meanwhile, urged the committee to go beyond their own legal mandate and grant the appeal even if they found that parking for the club was adequate.

This is just a step backward in terms of the reputation of the community, said Mark Adams from the Fusion Fellowship.

After hours of presentations and deliberations though, the board rejected that advice and upheld the original permit. They did add new provisions, though, including a new limit on the club’s hours to 7:00 p.m. to 2:00 a.m. on Fridays and Saturdays.

Outside the chambers, Busse called the ruling disappointing, but said there was still work to be done.

I don’t know legally what we can do with this, she said. We’re certainly going to meet with our group. Because there’s certainly more than myself and the few people that were here that were interested in this outcome.

Busse added she hopes city council will now address the issue and that, if the club does go ahead they can meet with the operators to discuss their concerns.

That idea is just fine with Marie.

If these people want to meet with me now, that would be wonderful, she said. But I won’t be berated.

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Bryan Horn owns Couples International, which won council approval last year.

Mr Horn said the numbers attending the Calamvale house parties raised issues about parking and noise.

For those particular parties that’s a real concern, he said

Swingers parties at the house, next to Calamvale Community College Junior School, have been attended by more than 100 people.

On January 20, council issued the organisers with notice to show cause why the parties should continue, giving them until February 20 to respond.

Some parents described the parties as immoral and not appropriate.

Website hotoptionz.com blames the stop put to the parties on exposure by the forces of evil including a judgmental local newspaper.

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