In a ruling in the Canadian Supreme Court regarding the legality of swingers clubs the court has shown the wisdom of Soloman with a rock solid Libertarian ruling, Kudos to our neighbors to the north for showing a common sense approach!
The ruling, written by Chief Justice Beverley McLachlin, said acts must be shown to be harmful to the point where they “interfere with the proper functioning of society” before they can be labelled indecent.
“Grounding criminal indecency in harm represents an important advance in this difficult area of law.”
Public sex would meet the test of indecency, but orgies and partner swapping among adults in private don’t, McLachlin wrote.
Writing on Labaye, McLachlin noted:
“Entry to the club and participation in the activities were voluntary. No one was forced to do anything or watch anything. No one was paid for sex.”
Defining indecency has always been difficult, and judges have wrestled over the issue for a century and more, McLachlin wrote.
“Over time, courts increasingly came to recognize that morals and taste were subjective, arbitrary and unworkable in the criminal context and that a diverse society would function only with a generous measure of tolerance for minority mores and practices.”
The courts have gradually moved from subjective considerations to objective standards, focused on the harm caused by the acts.
“The threshold is high,” McLachlin wrote. “It proclaims that, as members of a diverse society, we must be prepared to tolerate conduct of which we disapprove, short of conduct that can be objectively shown beyond a reasonable doubt to interfere with the proper functioning of society.”
Bad taste, violation of religious or moral standards or even public disgust aren’t by themselves enough to make something indecent.
Thanks For The Support Guys, Seriously It Meant A Lot To Me:
From the mailbag:
This is why I love you, man!
Underneath the walnut exterior is a soft mushy center. I hate to admit it, but this story really got to me. Every time I work with someone in the industry, I have this fear that on some level, I may be contributing or aiding in someone’s downfall. I try my best to work with really cool grounded people (have you ever met Mika Tan?), but I can only do the best I can do.
I’m directing for VCA now. Your pal Eon Mckai hooked it up for me. I know you don’t like his work, but I can tell you he is one of the finest people I have ever met (as are you, my friend). I know he is aiming his work at 18-30 crowd and is becoming very successful doing so. I would classify what he and Joanna Angel and Jack the Zipper do as Sex-ertainment. I think a lot of younger people are looking for more than just sex in their adult films. The dude helped me out when I was for the most part out of the industry and he didn’t even really know me. For that I will always be his loyal friend and support him in all that he does! Believe it or not, I actually think you would like him. Maybe sometime we can all go get drinks and you can make your own assessment of the man.
My new movie, Atomic Vixens: Escape from the Valley of the Sluts!, was an unbelievable experience of what can happen when you work with the best folks in the industry and everyone is on the same page. Here are some links you can check out if you get a chance:
Movie Site: www.myspace.com/atomicvixens
I LOVE working with the boys at VCA. What a difference when the company you’re working for LOVES and supports you! I would love to be part of the team that restores VCA to the powerhouse they used to be.
I’d also like to thank you, Mike, for your support. Before Eon, you were the only one who gave me the time of day or went out of their way to help me. For that, I also pledge my loyalty and love to you.
I hope that ’06 becomes the greatest year yet for health, wealth and women!
For myself, I hope to make a movie that wins an AVN award so I can get the Mike South monkey off my fucking back!
Let’s hang out in Vegas, my friend!
I read your blog from time to time, and find it interesting, though often filled with that porn-biz snarkiness that seems so prevalent among industry men (no offense intended, I just wonder why so many guys in the biz are so angry).
I just read your piece on your friend who’s in jail, the girl who sent you the card.
Thank you for that. It was touching and sad. I hope that when she gets out, you can help her.
Anyway, it was a thoughtful piece. Maybe you should use your site for therapy more often!
Dude, that’s one of the best things you have written in a long time, I can always tell when you write from your heart. Good Job Man
These are just a couple of the emails and IMs I got, I hope whatever higher power y’all pray to hears ya and has some mercy on that girl…she has been through enough in her little life.