Trapeze sex club case takes a tumble

Group sex is not illegal, and the state failed to show that a Fort Lauderdale swingers' club operated with intent to offend, a Broward judge said Wednesday in dismissing lewdness charges against the club's co-owner, Dennis Freeland.

The collapse of the state's case against the 42-year-old Freeland -- the first of 17 defendants arrested in the January 1999 Broward sheriff's raid on Trapeze II to go to trial -- threw the rest of the cases into doubt. Several other judges with Trapeze defendants have already ruled that someone other than a police officer must be offended in order to prove lewd conduct.

The directed verdict by Broward County Judge Robert W. Lee -- a stinging slap for prosecutors who spent months building the case -- was greeted with jubilation by Freeland, who bear-hugged his attorneys, Daniel Aaronson and Jamie Benjamin.

Freeland later said he intended to file a civil lawsuit for false arrest against Broward Sheriff Ken Jenne. ``The taxpayers should be astounded by the kind of money spent [by the county] on something that should never have happened,'' he said.

During a Broward Sheriff's Office press conference Wednesday about an unrelated Crimestoppers effort, a reporter played a tape for Jenne on which Freeland accused the sheriff of raiding Trapeze to help persuade voters to back his effort to create the position of strong county mayor, a job he coveted. The strong-mayor concept was defeated at the ballot in March.

``Who is Dennis Freeland?'' Jenne asked. ``I don't know who he is or what he is referring to.'' Told that Freeland was co-owner of Trapeze, Jenne said he didn't know anything about the case -- which has attracted national attention -- and would not comment on it.

After they left the courtroom, the prosecutors declined to comment on the acquittal and on the future of the remaining cases. The directed verdict came on the second day of the trial, after the state had called several police undercover officers and had rested its case.

Jurors said after Lee dismissed them that they had not been convinced by the state's assertion that Freeland operated Trapeze with lewd intent.

``They never proved their case,'' said a middle-aged juror who asked to be identified only as Mark. ``Yeah. Sure. Waste more money,'' he said when asked whether police should continue raids against swinger establishments.

Magdalen O'Meara, another juror, said: ``It was obvious to the jurors that the proprietor's purpose was not to offend anyone'' -- a reference to the signs posted at Trapeze warning people against entering if they found sexual activity objectionable.

Aaronson said the acquittal of Freeland should have an impact on the remaining Trapeze cases.

``Hopefully this will put an end to the rest of the swinger cases,'' he said. ``I think Judge Lee was very courageous to dismiss this case.''

Lee told a packed courtroom that Freeland knew that patrons of Trapeze were having sex on the premises, but that ``he operated the place so that people would not be offended by this activity.

``The Legislature did not make it a crime to operate a place for sexual activities,'' he said. Sexual activity among consenting adults is not a crime, he said.

He told jurors that ``In order for lewdness to occur in Florida, someone has to be actually offended.'' None of the 200 patrons at the club the night of the raid, only the undercover officers, complained that lewdness was occurring.

``In this case, Mr. Freeland was not charged with sexual activity. The actual [sexual] acts were not unlawful. The state would have to prove that Mr. Freeland sat down and created a business so that someone could be offended. This court believes the state has not presented evidence that Mr. Freeland is guilty.''

Freeland said that although the raid hurt business for a few weeks, the notoriety of Trapeze and national news media attention since the arrests has helped business pick up sharply.

He said he had written 5,000 memberships for couples since the raid. More than 10,000 couples have paid the $20 membership fee and the $75 per entry door fee over the past 2 1/2 years, he said. Single women are admitted free.

Freeland said the core active membership of the club has grown to 2,000 couples from 1,500 since the arrests. ``It has got to the point where on some nights we have so many people inside the club that I have to turn people away at the door,'' he said.

Herald staff writer Wanda DeMarzo contributed to this report.

Judge throws out Broward swingers case

By PAULA McMAHON, Sun-Sentinel      
Web-posted: 6:48 p.m. June 14, 2000

A Broward judge threw out the case against the co-owner of a local swingers club Wednesday, ruling that prosecutors did not prove the case against him.
     County Judge Robert W. Lee ruled that prosecutors presented no evidence that Dennis Freeland, 46, operated the Trapeze II for the purpose of lewdness, assignation or prostitution.
     “I think the court reaffirmed the rights of consenting adults to take part in activities they deem appropriate in private,” Freeland said outside court.
     Freeland was one of about 50 people arrested in early 1999 during Broward Sheriff’s Office stings on two clubs, Trapeze II and Athena’s Forum. Members join the private clubs to watch or take part in consensual group sex or partner swapping.
     Most of the people arrested were married or committed couples who the judge said took part in legal sexual activities with each other.
     The evidence in the case showed that Freeland and Mostow were above board when they set up the club, even getting a certificate of use from the county, applying for tax-exempt status as a private club from the IRS and allowing code enforcement officers to inspect the building.
     Explaining his decision to jurors, Lee said that to sustain the charges prosecutors would have had to prove that the club owners sat down and decided “we’re going to run a business to offend people.”
     To prove lewdness, prosecutors would need evidence that someone present in the club, other than the arresting police officers, was offended by the activities there.
     There was no evidence or testimony that anyone else was offended and the defense pointed out that only one officer, Detective Steve Drum, testified he was offended by the sexual activity and one other officer, Detective Lisa McElhaney said she was embarassed by it.
     Prosecutors are appealing the issue of whether they could file criminal charges if only police officers, who entered the club willingly and disregarding large signs warning customers not to enter if they were offended by nudity or sexual activity.
     Lee also said there was no evidence of prostitution or assignation — making an appointment for prostitution at the Trapeze II.
     The judge’s decision in this case raises questions about whether the Broward State Attorney’s Office should or will prosecute other people arrested in the stings, said Freeland’s attorneys, Daniel Aaronson and Jamie Benjamin.
     About half of the 50 or so cases were either dropped or people pleaded guilty in exchange for community service. Cases are still pending against Freeland’s business partner Alan Mostow and another 17 or people accused of lewdness. Those trials have not yet been scheduled.
     “I think it was very courageous of the judge to dismiss the case before it went to the jury,” Aaronson said. “I hope the State Attorney’s Office will now reevaluate whether they should continue with these prosecutions.”
     Prosecutors Catalina Avalos and Kristin Kanner said it was too soon to say whether the decision will affect the pending cases.
     Jurors who heard the prosecution’s evidence in the case and would have had to reach a verdict if the judge had not acquitted Freeland, said they agreed with Judge Lee’s ruling.
     “They never proved their case,” said juror Mark Sachs.
     Another juror Magdalen O’Meara said the legal definition of lewdness convinced her that Freeland and club members were not breaking the law.
     During jury selection, several potential jurors said they believe the government should not interfere in private, consensual sexual acts between adults. Other potential jurors said they could not ignore their own moral or ethical objections to the activity, regardless of the law. None of the people who expressed those opinions were put on the jury.
     Freeland and Mostow said they hope the judge’s ruling will encourage Broward Sheriff Ken Jenne and State Attorney Mike Satz to devote the resources of their offices to prosecuting what they said are “real crimes” that affect other people’s lives.
     “I’m happy for the club members that they know they come into a club and enjoy their lifestyle,” said Mostow.
     “The taxpayers should be absolutely astounded that this is how their money is being spent,” Freeland said.
     Jenne would not comment on the case but Sheriff’s spokesman Jim Leljedal rejected suggestions by the defense that the stings were a publicity stunt or designed to win votes for Jenne.
     “Any time you take an action against an adult club like this, the accusation is made that it’s for politics or for elections but that isn’t fair because we take action in election and non-election years,” Leljedal said.
     Leljedal would not comment further on criticism of the department’s investigation or tactics.
     Freeland said he was extremely relieved by his acquittal. If he had been convicted of the three misdemeanors, he would have faced up to 180 days in jail and $1,500 in fines.
     But he said there has been one advantage to the otherwise stressful experience of being prosecuted.
     “Business is up,” Freeland said, with a grin. “You know what they say, there’s no such thing as bad publicity.”
     Paula McMahon can be reached at pmcmahon@sun-sentinel.com or 954-356-4533