Bill, no, the zoning is still an issue - courts often issue contridictory rulings, or issue ruling that don't take into consideration other issues. What a bankrupcy court said about the validity of the business (a photo studio) can still stand in violation of zoning laws. People often forget that when you are dealing with the left hand, the right hand has no idea what you are up to.
Is running a dungeon for photoshoots legal? I think the answer is yes. Is running a photostudio in your house legal? If you have a permit, then you are good to go. Running an adult business in an residential area, well.. who knows?
Obviously the setup guy (the guy running up with cash in hand for the mistress) shows where they are going - prostituion and operating an adult business.
I also get a feeling that the "victim" here is splitting some legal hairs through all of this. Just a feeling, no proof... but I feel some shift in the story.
interesting and potentially relevant stuff:
http://www.pervscan.com/2003/08/30/is-sm-sex/
http://www.io.com/~ambrosio/law/law.html
http://gloria-brame.com/domidea/rumpoule.htm
Quote:
Prostitution is usually defined as "sexual conduct for money." A number of professional dominants, male submissives that wanted to see professional dominants, and people wishing to start private dungeons and place spaces that require an admission fee have consulted me.
The laws in this area vary a great deal from state to state. For example, in most areas of California, professional dommes are not arrested for prostitution as long as there is no "sexual contact" with the client. However, in Arizona, prostitution is defined to include "Sadomasochistic abuse" which is further defined to include, "flagellation or torture by or upon a person who is nude or clad in undergarments or in revealing or bizarre costume or the condition of being fettered, bound or otherwise physically restrained on the part of one so clothed."
Penalties can vary as well. Usually prostitution is a misdemeanor. But, even still, depending on local laws, a conviction can result in a lengthy sentence.
Prostitution laws also apply to the clients as well. In most states, law enforcement not only set up "stings" on prostitutes by posing as clients, but also set up stings on the clients by posing as prostitutes.
Misdemeanor prostitution can suddenly become a pandering or "pimping" charge if others are employed in prostitution offenses. This is usually a felony in most states. Pandering charges have been applied in some cases where people have opened private "SM clubs" and charged for admittance. Probably there is no problem where people are on their own in finding partners. But where partners are provided by management, even if there is not an extra charge, charges have been brought.
So, be very careful any time money is being charged in connection with a sexually related activity. Especially when there is a profit that goes into someone's pocket, rather than covering expenses.
The best thing to do is contact an experienced criminal defense attorney in your area to learn not only the laws, but what police enforcement and prosecution policies are.
On a lighter note, in the Netherlands where prostitution is legal, the Fire Marshall announced a regulation that that customers could not be put in bondage that took longer than 30 seconds to release.
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It goes on an on...
Bill, when I say soliciting, it is "soliciting for a sexual act". Newspapers will not knowingly list ads for illegal services, and often they will have rules as to what can be run and what cannot be run. It is a very fine line. Remember, escorts per se are not illegal (they sell time, not sex) but it is a very, very fine line between X and Y.
Alex