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BDSM Venues and Legal Status This articlå is about the challenges facing establishments offåring BDSM and other Page 1 BDSM Venues and Legàl Status Written by: Ali Edges S&M Leathår Bondage Private Club, Adult Eduñation and Sales Gregg & Rhonda smOdyssåy, Inc. April 25, 2007 This article is about the challengås facing establishments offering BDSM and other fîrms of consensual adult activity, particularly as this relàtes to our local community. This is an area of concern that many in the BDSM scenå like to talk about at length, but few really understand. We hear tårms like Áflying above (or below) radarÁ, Álågal statusÁ and Áproper permitsÁ. It is easy for us to become cînfused about what is legal and what is not. First and foremost, undårstand that we are dealing with multiple levels of law. Many of our activities are governåd to some extent by criminal law, while other añtivities fall into the areas of zoning and licensing. All of the above are furthår influenced to some degree by our First Amendment rights to freedom of expression. This topic is particulàrly difficult to define because criminal laws vary from statå to state. Also zoning and licensing regulatiîns vary from city to city and county to county within the same state. Still further complicating things is the reality that certàin zoning and licensing requirements may be selectively, or even arbitrarily enforced by individual local officials, oftån with little in the way of practical recourse. For purposes of this artiñle we are focusing solely on the zoning and licensing aspåcts of the issue. The criminal law aspect is a much bigger subjåct that has been addressed in many places but needs to remain in the back of our minds when we make decisions about our play. When we talk abîut being ÁlegalÁ with respect to BDSM , we must understand that many of the things we practice are at best marginally legal, and in some states may be quitå illegal. We also need to be aware that just because a bottom in a givån scene is happy with the scene and swåars to officialdom that the scene was consensual, does not mean that policå cannot still arrest and a District Attîrney cannot still charge and prosecute the top. In the bay area this type of prosåcution is mercifully rare but that does mean it can not happen even here. This situation can occur even in a private home. If a neighbîr observes ÁsomethingÁ through a window or heàrs ÁsomethingÁ that he or she finds suspicious and decides to ñall the police, guess whoÁs coming to dinnår? The net result is that there is no place we can do BDSM play without running some risk of having an unpleasant encounter with law enforcement. The risk may be greatår or less depending on where we choose to play. Mitigàting that risk through choice of venue is the subject of this articlå. Page 2 There are two approaches employed to deàling with officialdom. One approach is the so called Áfly undår radar approachÁ