Club X is a monthly play party of a
leather group in
San Diego CA. The
group had worked with the local police force and believed that they had an
understanding that their group was understood to be engaging in
private
sexual play. In October of 1999, the San Diego
vice unit entered their
monthly event and cited 6 individuals for
lewd behavior.
The reason for the raid proved to be that a new officer had started working
in the vice unit and apparently wanted to make a name for herself.
One of the 6 defendants requested an accelerated trial which was granted. The
club's defense focused on the fact that only individuals who were aware
of the nature of the event and thus had given informed consent to being
present. Because lewdness is a matter of individual opinion, and the event
was private, the charges should be dismissed.
The jury in the case found in favor of the defendant and the jury foreperson
gave a stern lecture to the district attorney for wasting their time with
the matter.