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(posted December 10, 2008)

Why are gay bathhouses safe for sex, but not adult bookstores? A very logical question being asked by Cruiser 'wichitacumlover' and we asked our legal guy over at the Message Board Legal Forum:

The main distinction in law enforcement between baths and bookstores centers on the private club nature of bathhouses while bookstores are open to the general public. An undercover cop can play the role of hapless offended member of the general porn-loving public in a bookstore. It's much more difficult to adopt that pose once he's paid a membership fee and signed a disclaimer to gain entrence to a private club which overtly caters to male sexual encounters.

In California, Penal Code 647(a), "Lewd Conduct" requires, as an element of the crime, that the conduct be in a public place or place open to the public. No public place, no crime. That's why there's no lewd conduct in private homes, unless the conduct is viewable by the public. Stay away from those plate glass windows.

Sexclubs, which don't provide the wet areas and other features of a bathhouse, illustate the point. Private membership clubs like Blow Buddies or Basic Plumbing afford their patrons that additional protection. The general public is precluded from casual entry. General public access is a hallmark, both an allure and danger, of bookstore cruising.

Continue reading here:

http://web.cruisingforsex.com/bb/legal-issues-for-cruisers/329607-bath-house.html

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