Top 10: Rare bathhouse raid sparked controversy

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When Dallas vice officers raided The Club Dallas on Oct. 8 for the first time in recent memory, it made national news and gave rise to some conspiracy theories. Some said the raid was part of a city effort to shut down the gay bathhouse to make way for redevelopment around a new DART rail station, which sits directly adjacent to the 34-year-old establishment at 2616 Swiss Ave. in Deep Ellum. Others said the raid was politically motivated since it came just before a major election, as such crackdowns have historically tended to do. Still others, of course, felt it was an example of law enforcement targeting the gay community.

But the Dallas Police Department, in a rare statement issued by the vice unit several days later, said the raid was conducted in response to a complaint from a citizen. “The Dallas Police Department is charged with the duty of investigating, enforcing, and responding to citizen complaints regarding sexually oriented businesses throughout the city,” the statement read in part. “The Vice Unit is committed to being responsive to community concerns and thus, conducts its investigations in an equitable and just manner.”

Indeed, records obtained by Dallas Voice through a Freedom of Information request confirm that an unidentified person made a complaint to police about the club on Oct. 5. Three days later, on a Friday night, plainclothes vice officers purchased day memberships, rented private rooms and changed into towels. Then they went into the common areas of the business and observed patrons engaged in sex acts, according to police reports.

After uniformed officers were called in, police arrested seven patrons on charges of public lewdness and three on charges of indecent exposure. They also arrested a manager for interfering with police after he refused to let in the uniformed officers, who eventually forced open a door.

Club members and others accused the Police Department of harassment and intimidation. They also argued that raiding the gay bathhouse would only drive men looking for sex into parks and public restrooms.

The Club Dallas bailed its members out of jail and said it would provide attorneys.

Meanwhile, according to police records, the person who made the complaint called back on Oct. 13 and asked authorities to raid the business again. Despite the second complaint, vice officers haven’t returned to Club Dallas.

— John Wright

This article appeared in the Dallas Voice print edition December 31, 2010.

—  Kevin Thomas

DPD says Club Dallas complaint came from ‘citizen,’ no arrests made in private rooms

This article appeared in the Dallas Voice print edition October 15, 2010.
Laura Martin

Laura Martin, the Dallas Police Department’s liaison officer to the gay community, just forwarded a statement from DPD’s vice unit that provides additional information about a controversial Oct. 8 raid of The Club Dallas that resulted in 11 arrests. The statement from the vice unit apparently seeks to dispel some of the conspiracy theories that have arisen about the raid of the gay bathhouse in Deep Ellum, including that it was designed to shut down the business to make way for redevelopment around a DART rail station, and that it was orchestrated for political purposes less than a month before an election.

The statement from DPD’s vice unit says the department received a complaint from “a citizen” related to The Club Dallas on Oct. 5, three days before the raid. “The citizen stated that the management was renting out rooms for the viewing of adult movies and use as motel rooms,” according to the statement. “The rooms were allegedly being used for sexual activities.” Martin has said that when the vice unit receives a complaint, they are bound to respond in the same way that patrol officers must respond to 911 calls.

The statement doesn’t specifically say whether the citizen was a Club Dallas member, and Martin declined to confirm this. However, given the details in the complaint about what was going on inside the club, a reasonable person might conclude that it came from a member.

Also of note in the statement, the vice unit points out that none of the arrests were made in private rooms at The Club Dallas. In other words, even though the complaint related to the use of those rooms, undercover officers who bought day memberships to the club didn’t have to take their investigation that far: “Officers observed a large number of individuals engaging in sexual activity. These acts were occurring in the public areas of the spa, which include the pool area, hallway, and other common areas.”

Dallas Voice has filed a Freedom of Information request for all records related to the raid. Among other things, the Police Department has only released reports related to three of the 11 people who were arrested.

Anyhow, here’s the full statement from DPD’s vice unit, which came across late Wednesday morning:

On October 5, 2010, the Vice Unit received a complaint from a citizen regarding an alleged sexually oriented business violation at 2616 Swiss Avenue. The citizen stated that the management was renting out rooms for the viewing of adult movies and use as motel rooms. The rooms were allegedly being used for sexual activities.

On October 8, 2010, undercover officers entered the location to investigate the allegations articulated in the citizen complaint. Officers purchased a day membership and entered the location. Officers observed a large number of individuals engaging in sexual activity. These acts were occurring in the public areas of the spa, which include the pool area, hallway, and other common areas.

Ten arrests were made for the Texas Penal Code violations of Public Lewdness and Indecent Exposure. These acts were occurring in a public place. Arrests were not made for the acts taking place in the private rooms. One arrest was made for Interference with Public Duties, Peace Officer, when the manager refused admittance to uniformed police officers responding to assist the undercover officers.

As a result of the investigation it was determined the allegations made in the citizen’s complaint were accurate. There has been no vice investigative activity or complaints received at this location in several years.

The Dallas Police Department is charged with the duty of investigating, enforcing, and responding to citizen complaints regarding sexually oriented businesses throughout the city. The Vice Unit is committed to being responsive to community concerns and thus, conducts its investigations in an equitable and just manner.

—  John Wright

11 arrested in raid at Club Dallas

DPD liaison says action prompted by complaint, warns more police activity possible at bathhouse

John Wright | Online Editor wright@dallasvoice.com

Dallas police Officer Laura Martin, liaison to the LGBT community.
Dallas police Officer Laura Martin, liaison to the LGBT community.

Eleven people were arrested at The Club-Dallas on Friday night, Oct. 8, when police raided the gay bathhouse in Deep Ellum for the first time in several years.

Ten patrons of The Club reportedly were charged with either public lewdness or indecent exposure, while one employee was charged with interfering with police. DPD would only release records related to three of the 11 arrests, saying Dallas Voice needed to file a freedom of information request to obtain additional details.

Laura Martin, DPD’s liaison officer to the gay community, said the vice unit raided the establishment on Swiss Avenue in response to a complaint. But police wouldn’t say who had complained.

Martin said she believes it marked the first time since 2003 vice officers have gone in to the 34-year-old establishment, one of nine similar clubs nationwide.

“We’ve done operations in that club since the late ’70s. There just hasn’t been one in a while because there hasn’t been a complaint,” Martin said. “They [officers] were in there for a legitimate reason, and obviously there was illegal activity going on or that many arrests wouldn’t have been made.”

The Club Dallas on Thursday, Oct. 14 issued a one-sentence statement about the raid.

“The Club Dallas management is committed to pursuing justice for and defending the rights of each of its members,” the statement read.

The Club reportedly helped bond out arrested members from jail and has offered them legal representation.
Martin, meanwhile, warned that additional police activity at the business is possible.

“When somebody complains we have to go in, just like when someone calls 911 we have to go to the call,” Martin said. “Now that so much activity was found there, they can probably expect more vice operations there. … I’ve certainly never been there, but I’ve heard that public lewdness does go on in the club. All you have to do is keep your ears open.”

Though it is billed as “a private men’s club,” The Club Dallas is considered a public place for the purposes of Texas’ public lewdness statute, according to one criminal defense attorney who frequently represents people charged with the crime.

Public lewdness, defined as sexual intercourse or sexual contact in a public place, is a class-A misdemeanor punishable by up to a year in jail and a maximum $4,000 fine.

Criminal defense attorney Tim Menchu said a public place has been interpreted by Texas appellate courts to mean any place “a substantial group of the public has access to.”

“Just having to pay a cover charge doesn’t take you out of the realm,” Menchu said, adding that he would argue in court, “I guess everyone in the world has access to the bottom of the ocean, but nobody’s going to go there.”

Of the three individuals whose arrest reports were released to Dallas Voice, one was charged with public lewdness and two 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 …”

Indecent exposure is a class-B misdemeanor punishable by up to six months in jail and a maximum $2,000 fine.

Menchu said he once successfully fought indecent exposure charges against five men who were arrested at Midtowne Spa, another gay bathhouse in Dallas. He said it’s hard for prosecutors to argue that the activity is recklessly offensive when all club members typically sign waivers saying they acknowledge it takes place.

“I don’t think it flies,” Menchu said of the indecent exposure charges.

“They didn’t go to the freakin’ park. They’re not out in the mall in the bathrooms. What the hell is wrong with that?” said Menchu, who’s straight.

“I personally have no problem with it. The problem is that with these particular officers in the vice unit, and with the DA’s office and with the state of the law, you’re putting yourself at risk.”

One member of The Club-Dallas who asked not to be identified said he doesn’t believe most patrons are aware of the risk. The member said one of his friends who is bisexual but was not out to his family was arrested in the raid, forcing him to call relatives from jail and explain what happened.

“Guys just honestly don’t know,” the member said.

“Most of these guys, if not every single one of them, while the police were interviewing them said, ‘How is this illegal? This is a private men’s club.’

“You’ve got to realize if you take away our places to have our sexual releases, that means we have no choice but to return to the streets, so it’s not a smart move,” the member added.

Another member who was present during the raid but was not arrested, accused police of  harassment and intimidation.

According to police reports, two undercover officers paid their way into The Club and gathered evidence, before additional officers came in and helped execute the arrests.

The member said the officers were carrying plastic flexcuffs and detained him for 45 minutes even though he was just working out in the fitness area.

He said he believes the city is trying to shut down The Club to make way for redevelopment around the new DART station that sits next door.

At one point the member said he heard one of the officers remark that, “I’m going to have nightmares forever after this.”

The member said he was also at The Club-Dallas the following night when the fire marshal paid a visit. “There’s real crime going on in the city, and they don’t need to be harassing a private club,” he said. “I’m irritated and I’m frustrated because I feel like the police department is targeting them.”

This article appeared in the Dallas Voice print edition October 15, 2010.

—  Kevin Thomas