ResidentSadist -> RE: So we are taking the plunge and opening a private dungeon... (9/23/2008 5:18:29 AM)
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ORIGINAL: DMFParadox Good luck, Taggard. Keep us posted... Here in Tampa, it's mostly very private dungeons; there's one reasonably ok one called Master's Quest that advertises, but it's too long of a drive and too expensive for casual play for me. ... I wanted to share what I learned from the Quest and how their theatrical license avoided other licensing and legal issues forthem. I couldn't find the links and references I wanted though. I know a few dungeon owners that join SCA and/or include a membership contract stating that it is for "theatrical reenactment" only. Taggard is in Rochester, NY and I presume they are more sane than the “powers that be” in Tampa. Also Taggard mentions staff, non sexual contact and other keywords so I know he has done his research but, I offer this little excerpt anyway because it puts some of the issues in a nice nutshell and the contrast between Arizona and California laws, although not applicable, are interesting. “If the pro dom’s behavior includes sexual contact or the direct acceptance of a fee, the club owner can be charged with pimping or pandering and the dominatrix with prostitution. These same charges can be filed against individuals who host BDSM parties in their homes if there is sex activity at the party and guests are required to pay an entrance fee. In all states but Nevada prostitution is illegal, with most states limiting the definition to the exchange of sex for a fee. In some states (like Arizona), laws related to prostitution include sadomasochistic acts and in others (like California) sexual contact must be made to be charged. Under California’s law, paid BDSM that includes only humiliation, physical punishment, and/or violent acts would not constitute prostitution even though those acts are for the purpose of sexual gratification. Club owners who offer bondage and torture equipment for use by patrons can be sued for negligence in the event the equipment fails and causes someone physical or psychological injury. The same is true for private owners of such equipment. It should be noted that liability insurance (or even a liability waiver) might not offer protection (or an affirmative defense) if a suit is filed.”
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