Judge Ginger Lerner Wren ruled against the state of Florida in a case involving 19 men who were arrested during two separate sting operations for “exposure of sexual organs and/or unnatural lascivious acts” after being caught having sex inside an adult film theater.
“The Court finds that the Pleasure Emporium is not a public place under F.S. 800.03 where the patrons who access the private viewing theaters where consensual sexual activity occurs in the presence of other consenting adults objectively and subjectively possess a reasonable expectation of privacy,” Judge Wren wrote in the ruling.
Earlier this year, police conducted two undercover sting operations at the Pleasure Emporium, a sex shop in Hollywood, Florida.
The business operates two small theaters, where it displays adult films. Admission to the theaters is $25.
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The Sun-Sentinel reports:
Police said they investigated the store after multiple complaints about public intercourse and other sex at the business, where the slogan is “Where fantasies come to life!”
During a court hearing, a detective working undercover testified that public sexual activity in the theater area offended him. He said patrons solicited and groped him.
In her ruling, Judge Wren said “caution must be exercised in how we apply a statute which can criminalize private sexual acts between consenting adults” and noted that Pleasure Emporium has “several levels of barriers” in place to protect unsuspecting people from seeing any of the sexual activity happening inside the theaters.
Rhonda F. Gelfman, an attorney who represents one of the defendants, said they are “quite pleased” with the ruling.
“I appreciate that the judge took her time in reviewing all the facts, evaluating the circumstances and understanding that this venue was not public,” Gelfman said.
Unfortunately, Gelfman noted, some of the 19 men have already pled guilty, which leaves them with little recourse. Getting their guilty pleas thrown out will be challenging, she explains, but not impossible.
“I’m hopeful that the other defendants who already took the plea will seek to get their cases reopened,” she says. “We may be able to assist them.”
Related: City settles lawsuit over gay sex sting operations with six-figure payout to each victim
Juanjo
Common sense.
AttorneyAtLaw
This is the law firm that defended the defendants in Broward County. As mentioned in the article, we are quite pleased at the Judge’s decision. If you know of anyone affected in these types of matters, please refer them to this Post. We can be contacted at:
Law Offices of Rhonda F. Gelfman, P.A.
305-944-9120
Additionally, contrary to some of the posters’ comments, we believe it was improper for the City of Hollywood to designate any police payroll to arrest the individuals in this “raid.” The evidence clearly showed the defendants could not be properly identified (there was rampant misidentification of people (as was evidenced via the raid’s radio calls between officers), and they clearly only targeted the gay section.
Notably, no straights were arrested even though they were also on the premises. This was a private, locked area, which only those who paid a membership fee could enter.
As with a swinger’s club, the officer cannot be the offended party, and thus, the judge’s ruling was appropriate premised upon the evidence we introduced to establish our client’s actual innocence. Gay or straight is immaterial; the issue is getting a good defense attorney and preserving your rights. Remember: If you are charged: You have the right to remain silent. USE it.
mc4bbs
Ho-ray!! This is the sort of precedence we need to see more of! Sex-shaming is disgusting.
HereIAm
The police sting operations should be banned but this and many other adult “bookstores” or “theaters” should be shut down as well. The shameful and crazy stuff that occur behind the closed door is just disgusting and unsafe. It’s 2018 and these dark and outdated institutions are no long needed.
Juanjo
Poor HereIAm is all upset. No one would touch her with a ten -oot pole and she resents anyone getting laid.
startenout
@HereIAm, clearly they are still needed by some and in use since I’m sure the 19 men charged weren’t the only customers. Probably not even 10%.
rayk
Chaz are you saying these places should be shut down? If so its hard to believe that you are saying this as I know what you and the Rochester Rams did and probably still do at the Forum and your outings. Some of what I saw there was disgusting ! I will not go into what I saw because I probably cannot post what I saw here!
rayk
@hereIam Its better to have this in a controlled environment like a bookstore or theater instead of in public like restrooms, parks, etc. Where I live they closed many of these establishments and the sex went into the wrong places.
HereIAm
If the government can shut down the men 4 men sex section on craigslist, they can shut down these sleazy sex clubs that cater to those low life sleazeballs looking for anonymous hookups.
Geo
HereIam, if these places bother you. don’t go in. These places are known for one thing. Men meeting men. I personally don’t frequent them but I support their right to exist. Live and let live. Why are you even on this site?
masterwill7
Only in America.. Would never get to court in the EU.. Also, the guys who plead guilty only did this because American law is rotten, and to protect themselves from exorbitant punishment… Something like extortion, but then by law…
RoughRugger
They probably pled guilty more to avoid the spectacle of an extended public trial. The punishment for something like this was likely in the “slap on the wrist” area.
o.codone
Nobody here gives a crap about what happens in the sanctimonious EU. I mean, aren’t you special.
reesielover
Thank goodness. I love this place and have had so many wonderful experiences here. Since the stings it’s been pretty bare. I hope the next time I go it is back to being the target rich environment it used to be.
Polaro
The homophobic nature of these kinds of stings has long been obvious to me.
Geeker
I’m glad it was thrown out but eewww.
KerryB
Meanwhile, in a catholic church down the street…
Larry McD
Unfortunately, there are still large numbers of employers who ask if you’ve ever been arrested… and not necessarily whether you’ve ever been convicted of the crime you were arrested for. A friend of mine lost his teaching job because he thought he could say he hadn’t been arrested after the judge dismissed the charges.
RetiredHRGuy
It is so sad that some employers still ask about arrests even though this question has been found to be unlawful on a Federal Basis because of disparate impact.
In a private club/location/home I believe sexual acts between conscenting adults should be proected activity!
Our law enforcement should deal with crimes against children, violence, etc.
I’m pleased with this Judges ruling!
Me2
Stings in establishments like these should be limited in scope and only focused on illicit drug sale/use and under age patrons. Anything else is a waste of resources and a violation of civil rights. I’m glad someone in Florida’s judicial system has a working brain.
batesmotel
Unfortunate that some of them plead guilty, but they likely didn’t know that the law would protect them originally. It’s not like they were in a public park. They were at a location that is strictly adults only and it was a sex shop. It’s amazing that this moron officer thought it was wise to waste time setting up a sting operation at a sex shop. haha. What a dumbass.
Bryanbami
HereIAm what is wrong with a safe discreet controlled Environment where people can go and engage in consentual sex? Whether it’s vanilla or kink or “sleazy” as you put it has nothing to do with you or me or the rest of the world. It’s done in a discreet manner. Places like this often have a open theatre and private cubicles and the people that go aren’t offended by each other.
As someone else posted. It’s better than doing it in actual public toilets or the back alley where it is illegal and where the public can see you and where you can offend someone.
If you don’t like the backrooms and theatres in an adult shop don’t go into them. No one is forcing you.
Remember be kind to everyone, don’t judge
HereIAm
When you see something is woefully wrong, it’s your duty to speak up against it. No I don’t go to those sleazy places where disgusting things happen and I want them to be gone so that no one else can go and destroy their own lives. It’s a matter of morality and integrity. You just can’t be silent about it when you know it’s wrong and wrong.
Geo
HereIAm, why is it “woefully wrong”? Two consenting adults having intercourse. Is it because it is two men? Do you think catholic churches should also be shut down. Because that seems a much more “disgusting place” (using your words) for men to prey (not pray) on boys than a place that clearly states it purpose and is hurting no one. No one is forcing anyone to go inside.
Bryanbami
In another note. Why on earth was there even a sting there??? What were they looking for???
Kieran
Three words: “GET A ROOM.”
Alan out in California now
Sure they waited until I moved from FLA to LA
ROBTWILO
Didn’t a lot of us go to the viewing booths, sex clubs, back rooms (at the bars & clubs) when we were curious and younger?
Most of us were aware of stds,unprotected sex,raids, and possible arrests. It was fun, a good thrill and, sometimes, you actually met a guy that would become a boyfriend.
I was arrested with a group of young men in Central Park 20 years ago. Chained together, held in jail in the Bronx, then send in a huge truck to the downtown court. We were held till almost midnight till we saw the judge. I got fined and had to do a day of community service in Battery Park. It was an experience like the many fun times in the 90s.
My point is, getting in trouble for these things now is more polarizing and made such a big deal. We may have more rights now (gay marriage) but continued to be frowned upon in many parts of society. We still live in a Puritan country as in Europe and Canada has a more accepting progressive view.
HereIAm
You didn’t mention what you and a bunch of guys were doing when you were arrested. Needless to say, you indulged in some pretty shameful and disgusting behaviors, possibly with total strangers, in a public park. Well, you broke the law and I am not sorry that people of your sort got arrested. And by the way, just because you liked to frequent those sleazy places just mean that many of the decent gays enjoy them as well. In fact, most of us feel utterly disgusted with them.
Terrycloth
The must not be selling much adult products ie DVDs ..dildoes..etc if they charge $25 fee.in the old days you went in , wanna watch a movie in a booth you went to clerk and bought quarters.havent seen one in a long time as I have adult subscription on my tv.