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LadyHugs -> RE: bdsm and the law (4/20/2007 10:09:14 AM)
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Dear CharmingDivinity, Ladies and Gentlemen;
Laws in different states and or commonwealths in the USA, as well as US Federal Laws that have more enforcement weight are often used, to include municiple laws, which are within counties, townships and or cities.
In renting a dungeon, if it is in a private home, would and or could fall under business law and or debauchery, which is similiar to prostitution and or may be read under the codes of law governing 'operating a bawdy house.' I would research for your particular place this is happening under debauchery, bawdy house and make sure that by mere rental for BDSM play you are doing so informed.
Renting a personal dungeon can be violations of local municiple codes as operating a business without a license, insurance, etc. So, if I went to Mistress X and paid her financially or bartered, such as exchange for services, e.g. painting--it still is a contract and business transaction.
There also needs to be a conversation with the person renting the dungeon of all the what if [list of things that could go wrong]--what their responsibilities are and what yours is. How liable will you be?
Furniture failure, e.g. St. Andrew Cross falls apart, you fall and get hurt--who pays for the St. Andrew's Cross or insurance on injuries, etc. I would treat any rental as pure business. I make sure you are not left holding the bag to a bad bill of goods. You might have a fragile St. Andrew's Cross and never know it--but the renter might, and is looking for an incident to pay for repairs or replacement--at a 'sucker's' expense.
I would also make sure there are a list of 'deal breakers' in the negotiation of the rental. For examples, no show by the Domina, faulty or risky to health furniture and or premises, such as frayed wire that are arching and things like that which go against your grain of common sense.
In all states and commonwealths within the USA, any touching of another without consent is deemed an assault. Some states/commonwealth do not see 'consent' as a justification for marking, injuires and or bruisings which any lay person would see as injuries as 'consensual.' The police cannot ignore and by law must arrest the person who is the 'flogger' per se. Again, the federal, state and municiple laws should be researched.
As far as sex goes -- this too must be researched. In some states, sex in any position other than missionary is illegal. This is a law in Virginia. Laws on the books, although not strictly enforced--are still laws if the authorities want to 'get you.'
Even in Washington, DC -- The Crucible a club which is licensed and deemed a business could be shut down at the pleasure of the police at any time. All they need to have is a complaint or a police officer in a 'by the book/law' attitude. But, when it comes to private homes--you are treading in more murky waters; as unlicensed business will lean towards illegal activities and then the nit picking and pulling laws that might be silly for today's standaards in order to 'get you' if they so choose.
The entire community is on a streak of good luck. However, many laws placed on the books to keep within social and civilized behavior are on the books which can be used to slap down all the freedoms enjoyed currently. History repeats and there will be a time when everybody has to go underground again. We're just not at that point in historical time lines yet. The Government will never totally throw away all the powers to reign in any group within the boarders of the USA.
Inside a private home, the authorities can respond to what they 'believe' in good faith, is an emergency. Some single tails sound like a gun firing like a .22 cal. Some floggers slap and sound like someone is being subjected to beatings of a serious nature. With the latest massacre, sounds will be something people will be keen on. The police do not need a warrant to enter a premise if they feel an emergency is happening, especially injury and or death to humans.
The plain view law is where an officer can look and if there is something they see on the surface can give probable cause for further investigation to which a warrant for a search can be obtained and served. Some laws make it illegal to posses any weapons, to include floggers, whips inside a home.
My advice would be, to notify the police department that at such a location a loud and rambunctious gathering will take place that will be very private and not open to the public. So, it will be contained in the house. There might be noises that may alarm others. I would also notify the neighbors that there might be some noises. If they are concerned, call first before calling the police. At times, when I was practicing for a play, a Western--we used cap guns as props. Of course this would alarm people. So, I've often prewarned the police as to calm those who might call and also warned my neighbors. I've used this for scenes as well, as single tails sound like a gun.
I think it is wonderful for neighbors to be concerned for other's safety. So, in my mind's eyes--I have always appreciated my neighbors warning me/my family when they were to have an odd ongoings in their home. It gave me permission to not be so concerned. Perhaps this may help in your situation.
I don't mean to sound like a wet blanket on your excitement in your first endeavors however, planning and research empowers anybody to make better decisions.
Just some thoughts.
Respectfully submitted for consideration,
Lady Hugs
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