Las Vegas Sun

November 21, 2014

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County zoning board tightens code on ‘sex clubs’

Clark County has tightened its code regarding “sex clubs” after a District Court judge found last summer that the county’s existing ordinance was unconstitutionally vague.

The county commission, acting as the zoning board, approved an updated ordinance from the district attorney’s office earlier this month.

Clark County spokesman Dan Kulin said the new language would allow the district attorney’s office and Metro Police to more effectively prosecute cases against alleged sex clubs, which are illegal in Clark County.

The rephrased ordinance “will make it easier for businesses and law enforcement going forward,” he said.

The new ordinance eliminates unnecessary language and provides a more detailed definition for “live sex act,” among other terms — all at the suggestion of Clark County District Court Judge Kathleen Delaney, who in August decided the Clark County Code was “unconstitutionally vague.”

Delaney was ruling in a lawsuit between the county and Borchers Family Trust, the owners of the Red Rooster, 6405 Greyhound Lane. The county declared the operation a chronic public nuisance in December 2008, and its owners sued in response in January.

Mike and Chris Borcher have run the Red Rooster, a self-proclaimed swingers club where they throw “parties” with couples or singles looking for a sexual encounter with a stranger, out of their home since 1982, the club’s website said.

According to documents filed with the district court, Clark County had received anonymous complaints dating back to at least 2006 about the club and its activities, one of which said it was “particularly busy Friday and Saturday evenings” with 200 to 300 people attending the parties.

The Borchers alleged the county’s code left an open door for selective and inconsistent enforcement. Chris Borcher told the Sun she “wasn’t even aware” that the county was changing its code as a result of their lawsuit.

“They just can’t stand us. They have to change the law,” she said, adding that the Red Rooster has continued hosting parties. “They worry about one person having a party in their own house.”

Delaney found in favor of the Borchers, saying the Clark County Code failed to define “party,” “group,” “parlor for swingers,” “live consensual sexual activity” and a number of other terms in the county’s old ordinance regarding sex clubs.

The former wording “did not limit, much less define, the persons and/or activities that may fall under the definition of ‘Sex Club,’” she said in her ruling, “and opened the door for arbitrary or discriminatory enforcement.”

In response to Delaney’s ruling, the district attorney’s office drafted the new ordinance, Kulin said.

CORRECTION: This story was updated to reflect that Kathleen Delaney is a judge in Clark County District Court, not U.S. District Court. | (March 3, 2011)

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  1. "Clark County spokesman Dan Kulin said the new language would allow the district attorney's office and Metro Police to more effectively prosecute cases against alleged sex clubs, which are illegal in Clark County."

    Again and again -- what consenting adults do with each other, especially behind closed doors, is not a lawful government concern. It's just the police and DA crying for relevance.

    "Public nuisance" is a different kind of thing -- if I were in the neighborhood of someone regularly hosting 200-300 partygoers, that's a lawful government concern. This article should have been more clear on that aspect.

    "I heartily accept the motto, 'That government is best which governs least'; and I should like to see it acted up to more rapidly and systematically." -- Henry David Thoreau 1849 "On the Duty of Civil Disobedience"

  2. "Just keep taking all the Sin out of Sin City..."

    BrianJ -- some years ago Sir Ian McKellen (Magneto in X-Men and many other fine performances) was on Bill Maher's show. After a representative from the Moral Majority made her rant about sin in our society, he quietly made his point -- "Doesn't one have to be christian to sin?" The applause was deafening.

    "The greatest tragedy in mankind's entire history may be the hijacking of morality by religion." -- Arthur C. Clarke, 1999, from "God, Science, and Delusion: A Chat With Arthur C. Clarke" in Free Inquiry magazine

  3. Kasidie -- actually Dubai is quite liberal. Women can even walk around with their faces and ankles nude.

    ". . .With morality the individual is led into being a function of the herd and to ascribing value to himself only as a function. . .Morality is the herd instinct in the individual." -- Frederich Nietzsche 1882 "The Gay Science"

  4. That's right...go after the pot people, the escorts, the swingers clubs, the brothels, the night clubs, the pool parties, the pole dancers, etc....Metro and the County are digging their own grave, who's going to come here that have money to spend? The tax base will go down the drain.

    Remember the "family Vegas" flopped. Why spend $5 a gallon gas money to drive here fom California?

    There are all kinds of sex clubs, brothels, and gambling the World over. What does Vegas have to offer? A puppet show? Gee, that will bring in the high rollers.

  5. I feel so much better knowing that consenting adults cannot perform sexual acts in front of other consenting adults.

    Wooo.. Thank you CC Commissioners, we really needed you to step up and take care of this CRITICAL need for us.

  6. SaveLasVegas -- any chance of a link or source for that Reagan quote? It's a good one.

  7. mred, didn't you hear? They're bringing out a Ferris Wheel as a backup to bring in extra money. It will be in the flight path of Las Vegas International Airport. What a hoot...

  8. "These sex clubs are not moral. They need to go."

    infinity44 -- why exactly? Then kindly explain whose "morals" should be enforced. Yours?

  9. SaveLasVegas -- thanx

  10. What a strange story. What changes were made in the ordinance? A very murky tale if I've ever heard one. The reporter seems to have left out some details.

  11. "KillerB - Reagan said that on his first inaugural address, Jan 20, 1981"

    SaveLasVegas -- sourced with some other choice quotes @ http://www.msnbc.msn.com/id/3638320/ns/u...

    "When people tell me I became president on January 20, 1981, I feel I have to correct them. You don't become president of the United States. You are given temporary custody of an institution called the presidency, which belongs to our people." -- Address to the Republican national convention. Aug. 15, 1988

  12. Why can't consenting adults be free to have fun behind closed doors? No one is forcing anyone to go inside. There are no laws being broken and no is getting hurt.

    So can anyone tell me why there should there be a new law written, when there are so many other urgent matters that the government need to take care of?

    Is there any expression in the bible that says "Live and Let Live"? Or maybe Let he who has no sin cast the first stone.

  13. "The morals of common sense, of decency. And the morals of the conscience."

    infinity44 -- thanx.

    This tells me morality is entirely subjective, like what Nietzsche said. Your morality is not mine, nor may it control what I can and can't do, nor may any lawmaker lawfully erode my freedoms by turning your concept of "common decency" and "conscience" into any kind of law whatsoever.

    If I wish to patronize a sex club such as this it's none of your business.

    "The legitimate powers of government extend to such acts only as are injurious to others. But it does me no injury for my neighbor to say there are twenty gods, or no god. It neither picks my pocket nor breaks my leg." -- Thomas Jefferson, Notes on the State of Virginia, 1781-82

  14. infinity44 -- at least you recognize Jefferson's true colors. My final word to you here:

    "After coming into contact with a religious man I always feel I must wash my hands." -- Friedrich Nietzsche, 1888 "Ecce Homo - Why I Am a Destiny"

  15. Quick, call metro, someone is having fun in a house off the strip, where thy have been having fun for 30 years. Better stop it now before it becomes a trend and more poeople will want to have fun here in las Vegas, off the strip.