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.
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.
This is a classic case of cops abusing the law. This is a private club. The undercover cops paid their money and therefore are subject to the rules. The cops think they are above the law. Believe me there were no complaints, it’s just an excuse. There is no case without the cops being able to produce the witness or who complained. To the cop that said “I’m going to have nightmares forever after this.” Is the one in the closet and can’t get his rocks off because of his job. If the cops were out getting the real criminals they would have time to bust a man getting a blow job. The only good cop is a dead cop!!
I am hoping the complaintant is required to show up in court for all the trials. That would make it very difficult for the cops.
Thhese cops go fo these “easy arrests”, they know when these guys are arrested they just bow down to their demands, making the arrests with out incident. Like has been said—why bother consenting men in a private club doing bothering nobody on the steet, when rapists, drug abusers, murderers roam the street. OH–Yeah–these types of arrests they might have to take some risk……like ruining their manicure or something. I’m will to bet that if this had been a st8 club no action would have taken place. It was probably some drama queen who got her panies in a wad over something.
None of u have a freakin clue. Quit pulling the “everyone hates the gays” card. & yes I am gay. This had nothing to do with the city and it was not a huge conspiracy. I guarantee that if the same complaint was made at a straight club Vice would have acted.
Why does everyone automatically assume the DPD is out to get all gay people. None of you have the facts so quit speculating when you have no freakin clue. These ridiculous comments make the city of Dallas look worse than it already does!
What was the original complaint? I seriously don’t understand how the Vice Squad can arrest anybody in a private club for lewdness or consensual sex between adults. It is not a public place. If you are offended by alcohol you don’t pay a cover charge to enter a bar. If you are offended by male nudity etc. you don’t pay the admission to enter a gay bathhouse. The DPD has got to come up with a better case than an anonymous complainant, with an anonymous complaint. The argument made about wanting to shut down the club for Real Estate development is a strong one and all this will do is force gay men back to the parks and deny gay and bi men a social outlet. I’m gay and, I support and appreciate everyone in law enforcement, however this case is more than a little suspicious. I have been to this establishment once and found it clean, professional, and witnessed nothing I would consider remotely criminal. Something smells fishy here and, since it’s not a lesbian club, I think we need to look at the police and their motives for this raid!
The original complaint was for DRUGS! this doesn’t have anything to do with a conspiracy. I can tell you with a 110% confidence this complaint was made by a “citizen” but what the police vice did with the info is the issue..
You really should not make assumptions or create conspiracies when u don’t have any of the facts. This really makes a lot of people look bad.
Oh look here, another cop ass kisser. You don’t know shit!! I know your 110% pussy, that’s for sure. COPS ARE LIARS!!! The cops make themselves look bad. This is a fact. It’s us against them. You will realize that one day unless you’re one of them. Grow a set….
Regardless of the reason for the cops entering the establishment – whether for a complaint or not – whether the complaint had anything to do with homosexuality or drugs or anything else – it *is* odd that people were arrested for indecency and lewdness, when, as mentioned, the place is a private men’s club whose members are required to sign waivers regarding the activity inside. It strikes me as odd, too, that the place is classified as “public.” The intent of defining “public” places is to protect innocent (and/or naive) people from accidentally seeing something that may offend them. The place is completely walled off to the outside; there is 0% chance of a passerby seeing anything lewd. Inside, people are unable to see what’s going on without first being informed of what’s going on and being required to sign a waiver indicating that they 1) understand the risks of proceeding, and 2) are not offended by it. Thus, unless a person is illiterate and signs the document anyway, he is absolutely informed of what’s going on, and he can no longer claim to be an “innocent passerby.” Therefore, there is also 0% chance of any “innocent passersby” witnessing anything lewd, even inside the main entrance! In short, who is being harmed by people doing what they paid to do?
I don’t know how police are “graded” by their precincts. I have heard – but not validated – that traffic cops have quotas of tickets they have to give. I could theoretically see that vice cops might have a quota of arrests they have to make. Again, this is pure supposition. I’m not a conspiracy theorist, but I do understand the concept of easy targets. Let’s say they were there investigating a drug complaint – all right, that’s perfectly legal. Why, then, were the arrests made for lewdness and indecency? Unless somebody has a vendetta against the gay community – which is completely plausible but not the only explanation – a desperate vice cop needing some more arrests to fill his/her quota would be a potential alternative explanation. While this doesn’t make it right, at least it offers a somewhat less controversial reason for the arrests. We’ve all been in tight spots before, and we’ve all done things we weren’t proud of during those times. Perhaps this is a more palatable explanation.
Just for the record, though – it still doesn’t make it right. Protect and serve – you’re not protecting anybody by going into private clubs and arresting people for things that they have made an effort to avoid (better than strolling down downtown Dallas streets with no clothes on, right?) 😉
I’m with Ed on this one… LOL
Actually I know 100% more than you do and I am not a “pussy” and I don’t like pussy.. But thanks. I’m not gonna waste my time arguing with people that want to act like children.. I dont like cops either but again thanks for the nice comments.
Ed is right the Police took the information and twisted it for what they wanted… That’s not right.. The only thing I am pointing out is the complaint was not made by a “gay basher,” “cop lover,” or whatever u want to think.. There is a WHOLE other issue at hand and that’s why this person made the complaint..
My mistake jack is right..ED is just an idiot (not name calling it’s clearly a fact). Anyone that reduces themselves to name calling and again assuming things Is an idiot. It’s a shame people like u are out representing us (gay people). No wonder people question us being “gay” when idiots like u run your mouth without cause/reason.
BTW Ed,
This absolutely is not “us against them.” Keep spending your life throwing pity parties and complaining about how everyone hates you because you are “gay.” Clearly there are homophobic people in the world and they will do and say anything to hurt the gay community.. In this situation the original complaint has NOTHING to do with DPD or Dallas attacking the Gay Community.. What the DPD did with the complaint/info is def a huge issue..
Think about it….. If DPD or the city really wanted to screw with us (the gay community) they would hang out on Cedar Springs pulling people over or harassing the people that hang out there. I have been hanging out in that area for 9 years (since I was 21, now 30) and I have NEVER been pulled over or hardware by DPD.. The DPD officers in that area have actually been extremely nice whenever I have crossed paths with them. I have been harrased more at the other “bar area’s” in Dallas and that harassment had nothing to do with me being gay.
I have read many stories over the years about raids at “massage” places in Dallas that were targeted because they offered “Happy Endings.” & these places catered to STRAIGHT PEOPLE! You have no right to use the so-called “gay card” on this issue….
“Withheld” is obviously a scared little boy or a liar who knows nothing of the history of harrassment of the gay community. Cops DID and sometimes still DO harrass gay people on Cedar Springs, “Withheld.” And Fort Worth police raided the Rainbow Lounge just to rough up some “fags” and found absolutely no illegal activity. Individuals who were merely drinking a beer and minding their own business were slammed face-down to the ground for no legitimate reason at all. Same thing happened at the Atlanta Eagle, and this was in the last couple of years – we’re not talking about Stonewall in 1969! I think YOU need to get YOUR facts right, not to mention your history!
This story has pissed me off ever since I read it for the first time last year. I lived in Dallas for over twenty years and got so sick of having to be careful not to be harrassed by the police when I was in Oak Lawn or at my own house in Keller! My partner and went through various incidents that were nothing but police nonsense (including picking up my partner one night and asked him if I was gay! No kidding! Then when he was walking across the street in Oak Lawn (area) in drag, as he was doing a show that night for charity, they gave him a ticket for jaywalking — and he wasn’t. We finally sold our house in Keller and moved to Ft. Lauderdale (job transfer, thank God). Oh, my god, what a difference. This is an adult city that respects everyoone including the gay community. I will never move back to Dallas. I loved living there but I do not trust the cops there. I guess the red necks got their way. Screw them. I am much better off here with adults in control of the cities!!
Thank you for letting me vent!
Where’s the ACLU in all of this? We need to take all the bigoted cops everywhere all the way to the US Supreme Court and once and for all clean up the backwater and other police practices of attacking Gay people in private places like clubs. The cops knew damn well when they entered The Club that they were there to stage a bust, and they should be sued and prosecuted to the fullest extent of the law for their dastardly deeds!
I was planning on stopping at midtowne spa on my drive through next month. not now, i always though texas was about personal freedoms and rights. seems like texas is a big ol whiner, homophobic state.
They should be happy that DPD did the raid. The DEA would have taken the place down.
I wish what goes around comes around. It would be really cool if the patrons kicked the shit out of some cops and let them know their will be consequences to their harrashment actions. Cops are just insecure whips that get attitude when they put on a uniform. Maybe get the names of some of the cops who participated in the raid and harrash them on their turf, at their homes, in front of their family.
as a person who is in a realesate war in this city i know how the city tries to run people out of their property to get what it wants for rich developers. asked the condo owners for the bush library.i see how they use the dpd to lie and use for the city to take your property. i also know how they lie to get out of trouble or make an arrest. i have video and recordings to prove it so dont give me the saint act for the dpd. i have also received calls from people telling me to back off saying, “the city is bigger than you and you wont win”. i have watched them lie to get out of trouble for causing a car crash. i have video taped them refusing to investigate an attemtped car theft caught on property video because the crooked cop worked for a crooked board running our property down for the city. the board are investors with city connections who spread lies about me and hire crooked dpd off duty officers to look the other way on crime. we have it all on video. the board makes false 911 calls on us and when we show video or proof the board lies about the call the cops look the other way and then cover for each other. btw we know the cops were crooked on our property. they were all recommend for termination last year but still work for dpd. we had them removed from our property and it was covered up again and they still work for dpd. i repoerted drug and prostitution activity and the cop yelled at me and told me not to repoert it to them but to the crooked board. huh? i thought reporting crimes like car theft,drugs and prostitution were real crimes that dpd were supposed to help with. just sayin