Connecticut Swingers Busted

A swingers club in Connecticut was the subject of a police investigation and raid. Nothing too unusual there. It happens all the time. A bunch of consenting adults rented out a bar, only allowed people to attend if they signed up and joined their group, and the fucking jackbooted nazis police couldn’t stand the thought of consenting adults fucking at a private party.

What I find remarkable about the case is that the police have charged a photographer at the event with obscenity. (source)

David and Tania Shadowfax were the photographers at the event.

The couple led a game of “rings” at the November event attended by undercover local police and liquor control agents. The objective of the game was for a woman to grab the most men she could and get five sexy pictures taken with them, according to an arrest affidavit. According to his arrest affidavit, David Shadowfax has thousands of photos stored in his computer showing women, including his wife, engaging in sexual activity at one or more “swingers” parties. (source)

The Shadowfaxes were charged with violating Connecticut’s obscenity statute. Let us presume, for the sake of argument, that the Shadowfaxes photographs were, indeed, legally obscene. I question whether the Shadowfaxes could be properly charged with violating the obscenity laws for possession of photographs that they took themselves — obscene or not. See Stanley v. Georgia, 394 U.S. 557 (1969). Under that case, the Supreme Court held that the First Amendment prohibits a state from making mere possession of obscene photographs a crime. “If the First Amendment means anything, it means that a State has no business telling a man, sitting alone in his own house, what books he may read or what films he may watch. Our whole constitutional heritage rebels at the thought of giving government the power to control men’s minds.”

8 Responses to Connecticut Swingers Busted

  1. [...] Social and religion: did you know that the police in Connecticut are keeping you safe from “swinging clubs”? That’s right: if some couples want to rent out a club (and keep it private) and have kinky sex, well, the police will keep you safe from them! [...]

  2. Christopher Harbin says:

    One more obscenity prosecution and I’m going out Falling Down style.

  3. Randy says:

    Hey Marc,
    Maybe you could talk to someone over at CT State Troop K that could maybe let them off with a warning or something 8) It seems like you were able to see eye to eye with them staties before. Good times!

  4. HAHAAHHA!!!! You know what? As soon as I started reading about this case, I wondered if it was anywhere near Troop K!

  5. justjss says:

    You still interested in this one, Marco?

    Peripherally … or possible amicus curiae?

    There is a 1st Amendment brief being discussed …

  6. Vindicated says:

    All charges were dropped and the camera and equipment were returned to their rightful owners! :)

  7. Question: how many copies of the photographs were retained for future reference by the authorities?

  8. justjss says:

    The charges were dismissed this past week …

    I’ll post a link if/when I have relevant details beyond that simple fact.

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