Let's see. We've had the Jeffrey Epstein case. Cops just busted a bang bus prostie outing. Ray Guhn is up for sentencing and Max Hardcore was found guilty. Florida sounds like a delightful place to be.
[MSNBC]- When does swinging fling outside of legal bounds? And why accepting PayPal payments for kinky sex isn't such a bright idea. Sexploration offers pro bono advice to keep our readers out of jail. Got a question? E-mail us.
Q: Just wondering if you’ve heard about this … It’s a swingers party with 5,000 couples and porn star Mary Carey as the hostess along with [attorney] Lawrence G. Walters talking about how to keep your swingers club from getting shut down. It’s coming to Florida in July 2008, and I’m wondering, if we go, is this legal?
A: I have sometimes wondered this myself when reporting on the nation’s expanding sexual menu. I’d see something, stand there with my jaw dropped to my chest, and think “Is this even legal?”
I have occasionally had my doubts, but according to the man himself, Lawrence G. Walters, one of the nation’s leading defenders of porn producers, swing clubs, and adult Internet sites, the swing party you refer to is perfectly legal.
“There is nothing illegal about participating in, or attending events focusing on the swinger lifestyle,” he tells me. “It is not illegal to have more than one sexual partner in the United States of America. It’s a free country. The government is not in the bedroom to that extent and if the government did try to pass a law, it would be invalid under the right to privacy.”
Some legal theorists, like Supreme Court Justice Antonin Scalia, say there is no such thing as a “right to privacy” because there is no mention of it in the Constitution. So while Walters is correct for now, he may not always be so correct depending upon the makeup of the Court.
Walters warns that swingers can face legal consequences if, say, they hold events in a private home for a fee, or post public notices of swinger parties to be held at residences, and do not have locally required permits. They could also wind up in violation of nuisance ordinances. But host hotels usually make special arrangements, often by booking the entire hotel for only that event so junior’s memory of his big Disney vacation isn’t blotted out by the sight of a platoon of nipple-pierced 60-year-olds in red Lycra thongs.