When and if Phoenix actually issues any citations under the new law swing clubs will have a very strong First Amendment case. But like in Florida, the city seems very willing to waste taxpayer dollars to please the religious agenda which seeks to control the lives of consenting adults. Too bad justice in America can be very expensive to fight these religious agenda's against citizens. A Broward County judge threw out the case against the co-owner of a local swingers club Wednesday, ruling that prosecutors did not prove the case against him. Freeland was one of about 50 people, including teachers and law enforcement officers, arrested in early 1999 during Broward Sheriff's Office stings on two clubs, Trapeze II and Athena's Forum.
Members join the private clubs to watch or take part in consensual group sex or partner swapping.
Most of the people arrested were married or committed couples who the judge said took part in legal sexual activities with each other. The evidence in the case showed that Freeland and his business partner, Alan Mostow,were above board when they set up the club. They got a certificate of use from the county, applied to the Internal Revenue Service for tax-exempt status as a private club, and allowed code enforcement officers to inspect the building. To prove lewdness, prosecutors would need evidence that someone present in the club, other than the arresting police officers, was offended by the activities there. There was no evidence or testimony that anyone else was offended.