On Wednesday we reported that charges have now been dismissed or rejected against all 11 men arrested in the Dallas Police Department’s October raid of The Club Dallas, a gay bathhouse in Deep Ellum.
Today, Dallas County District Attorney Craig Watkins for the first time publicly addressed the reasons behind his office’s dismissal of the charges, issuing a one-sentence statement.
“Based upon the U. S. Constitution and the applicable Texas statute, the elements of the offense were unprovable,” Watkins said.
Watkins didn’t specify which portion of the Constitution he was referring to, but undoubtedly it’s the right to privacy.
Seven of the men were charged with public lewdness, which is defined as sexual intercourse or sexual contact in a public place. However, defense attorneys have raised questions about whether the confines of the Club Dallas are considered a public place under the law.
Three of the men were charged with indecent exposure, which is defined as exposing one’s genitals with the intent to arouse or gratify and in a manner that is “reckless about whether another is present who will be offended or alarmed …” But defense attorneys say it’s difficult to argue that sex in a bathhouse is recklessly offensive when all members typically sign waivers saying they acknowledge it takes place.
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