U.S.A.
HOME OF THE BRAVE
LAND OF THE FREE
NO SHIT
As many of you have read in the papers and heard by now, a serious incident occurred in Attleboro, Massachusetts last weekend. Several local BDSM community groups, businesses, and individuals, including the Boston Dungeon Society and NELA, along with the National Coalition for Sexual Freedom (NCSF), are working together to help fight for the legal defense of the individuals arrested, to recover the property confiscated by police that belongs to various people who were in attendance at the party, and to help portray BDSM in the local media as the consensual and community-based activity it is (and not as the "sicko" thing some media outlets have characterized it as).
The following statement of fact (FAQ) was drafted by the NCSF with the help of the parties involved in the Attleboro case, to get the word out to the community about what happened. It is a work in progress and as more facts are garnered and more questions come up, it will be amended."
STATEMENT OF FACTS REGARDING THE RAID IN ATTLEBORO, MASS. Last Updated: July 17, 2000
On Saturday, July 8, 2000, in Attleboro, Massachusetts, police broke up an SM party and two individuals were arrested. A great deal of misinformation about what happened has been spread through the news media and this statement is intended to inform the SM-Leather-Fetish community as to the facts in regarding the case and its implications for the community.
What was the party? The party was private. Guests were not "recruited" from internet chat rooms, etc., but were well known by the host. All guests were over 21 years of age. A donation at the door was requested but not required; all monies collected at the door were donations to cover food and rent charges for the space.
What happened at the party? The party provided private space for consenting adults to engage in alternative sexual activities. The SM-Leather-Fetish communities have a long history of educating its members about the technical skills and safety issues relating to its activities. Parties such as the one in Attleboro, allow members of the community to observe, learn, and practice a wide variety of sadomasochistic, leather, fetish activities. Because many activities are more safely done under the guidance of experienced practitioners, parties function as educational workshops where novices could safely learn new techniques and be provided with knowledge assistance when and if necessary.
How many people were at the party? Thirty-five to 40 people were at the party at the time the police entered the premises.
How did the police discover the party? We do not know how the police discovered the party. According to police and news reports, they were in the building on an unrelated matter. There is no indication or proof that the police were acting on information from a member of the SM-Leather-Fetish communities.
Who were the officers? The detectives were Attleboro police officers Cook and Otrando.
When did the raid occur? The raid occurred on Saturday 8 July 200 beginning about 10:30 p.m.
Was there a warrant? Neither the host nor any guest at the party saw a warrant at any time, despite repeated requests to see a warrant.
What was confiscated? The host had his wallet, Palm Pilot, and employer-issued laptop computer seized by the Attleboro police. A printed copy of the guest list, in which attendees were identified by their screen names only, which was at the door, was seized.
Other personal property belonging to host (and which was being stored on the premises) was seized, including clothing, TV/VCR, stereo equipment and personal financial records.
Equipment bags belonging to the host and many guests were also confiscated, some without property receipts from the police.
At this time, nothing has been returned to their rightful owners.
How can party guests get their property returned? If you were at the party and left equipment, please contact "us" with a description of all items.
If you do not want your name known to the police, the attorneys filing the motion for the return of property can do so under "John Doe" or "Jane Doe" so long as they have obtained a description of said property. You must contact the attorneys, and you will need to identify yourself to the attorneys. This is confidential information subject to all the protections afforded by attorney-client privileges. See below for information on the attorneys.
Who was arrested? Two people were arrested. Benjamin Davis, the host, and a guest. Another person was taken into custody on an outstanding warrant, that the police later admitted had been dismissed a year earlier.
What were the charges? Davis was arraigned on 12 charges: operating a business without a license, keeping a house of prostitution, possession of an item of "self-abuse," assault and battery of a police officer, and eight counts of possession of a dangerous weapon. The guest was charged with one count of assault and battery with a dangerous weapon. The alleged "weapon" was large wooden kitchen spoon. [Please note, despite repeated requests, we do not yet have a copy of the police report--once we get it we will update this statement with the exact wording on the charges.]
Who are the attorneys? David Duncan, a partner in Zalkind, Rodriguez, Lunt, and Duncan, has agreed to take the case. This prominent firm is well known in Massachusetts for its successful defense in several high-profile criminal and civil cases, including the Safari Club and the Loft. However, this is not a pro bono case, nor a cheap one; we will need considerable funds to pay for legal counsel.
Inquiries regarding the recover of guests' personal property confiscated by the police during the raid should be directed to David Duncan, 65A Atlantic Ave., Boston, Mass., 012210 (617)742-6020 or dduncan@zrld.com
Is there a legal defense fund? Yes. A defense fund is being established for Benjamin Davis; the guest charged with assault and battery with a dangerous wooden spoon has requested that all donations be directed toward his defense. Please note: the defense fund committee is not sponsored by the National Coalition for Sexual Freedom, but an independent group of local people who support sexual freedom and privacy rights, with help from local support organizations NELA and BDS.
What can I do to help? At present, concerned individuals can help in several ways.
Media: * Track news coverage of the raid: collect copies of stories and tapes of radio and television reports.
* Write letters to the editors of newspapers commenting on the coverage of the story. You do not have to "out" yourself. Compliment the paper if they are providing fair and unbiased coverage; criticize the paper if they are sensationalizing the story. The Attleboro Sun-Chronicle and the Boston Globe have both printed photographs of the defendants; tell the editors what you think about their "outing" of people who engage in alternative sexual expression.
Fundraising: * Defending Benjamin Davis and the guest won't be cheap. We need cash donations now. Every little bit helps, but big bucks are desperately needed. The attorneys want a $10,000 retainer against expenses. They have dropped their regular hourly fees to take this case because they recognize how important it is. Still, the retainer won't cover all the potential expenses.
* Help organize a large fundraising event. Dozens of volunteers are needed to put together this event; the place, date, time, and nature of the event have not yet been determined. Heck, no one has volunteered to chair or even co-chair it yet. Get in on the ground floor to fame and glory!
* Help design and sell the (de rigueur) tee shirt.
Miscellaneous: * Someone has already donated free web space for the legal defense committee. But the site will need constant updating. If you write html or design websites and want to help out, please contact us.
* NCSF needs volunteers to help staff its table at the Fetish Fair Fleamarket (July 29, 2000); write to melindac@ncsfreedom.org to sign up. You will be given free admission to the event courtesy of the event sponsors, the New England Leather Alliance (NELA).
* Get the word out: Inform your friends around the country about the Attleboro Raid by sending them this FAQ, or pointing them to the web page where updates will be posted. http://www.nla-newengland.org/attleboro.html
Is the Fetish Fair Fleamarket still on? Yes. NELA will host the fifteenth semi-annual Fetish Fair Fleamarket as planned at Bayside Expo Center on July 29, 2000. For more information, go to: http://www.nla-newengland.org/fff.html
How can I protect myself? If the police question you, NCSF recommends that you stay calm, be respectful, polite and courteous and use common sense. Don't take a "bad attitude." You have the right NOT to make statements. You have right NOT to incriminate yourself. You have the right NOT to allow a "consent search" or a "voluntary entry" of your car, your property, your home, or your place of business. Try to handle the police inquiry outside the door, not inside your home. If the officer(s) demands entry, voice your objection, and stand aside. If the officer(s) believe there is a domestic violence call, volunteer for your partner to talk to the police. Transport all equipment in a secure (closed) container and in the trunk of the vehicle. Do not consent to a search. If you are arrested, do NOT make any statements, and ask for an attorney.
Remember that some items commonly found in equipment bags (double-edged blades, regulation issue handcuffs, etc.) are considered contraband in the Commonwealth of Massachusetts (and in some other states). Items such as dildos and vibrators are *technically* classified as items of "self-abuse" and could be subject to confiscation, arrest, and penalty, as laughable as that sounds. The State Judicial Court of Massachusetts has ruled that items such as riding crops, whips, kitchen type knives, walking sticks, broom handles, flashlights, etc. can be "dangerous weapons" depending "to a certain extent on the context in which it is used." (Commonwealth v. Appleby [300 Mass. 304 (1980)]) Under this same court ruling, consent is not a defense to a charge of assault and battery with a dangerous weapon. Thus, flagellation or simply spanking someone with an item that might be classified as a dangerous weapon is illegal, even though both parties consented to the activity for sexual pleasure.
What is the press response to the Attleboro Raid? Thus far, a majority of reporters have been fair and unbiased in their coverage. However, printing pictures of the host and guest raises ethical questions regarding the right to sexual privacy. It took many years before the media stopped harassing gays and lesbians using similar tactics. We ask the press to recognize the dangers to which they are exposing members of the SM-Leather-Fetish communities by sensationalizing such stories. According to NCSF's 1999 Violence & Discrimination Survey, 30% of those surveyed (n=1,000) had lost their jobs, promotions, child custody, or were arrested or persecuted in other ways. More than one third (36%) were the victims of violence or harassment.
What are the legal and political issues? The raid raises several distinct legal issues regarding civil liberties and sexual privacy. According to the 1990 Kinsey Institute New Report on Sex, "5-10 percent of the U.S. population engages in sadomasochism for sexual pleasure on at least an occasional basis." A 1998 research survey found that 49% of the men and 38% of the women have spanked or have been spanked as part of sex. Yet in Massachusetts, spanking your sexual partner, even with his or her consent, is against the law.
Other legal issues include the right to sexual privacy and the freedom of alternative sexual expression among consenting adults. In Massachusetts, as in many states, it is illegal to own an instrument for "self-abuse." This includes sex toys of all sorts. The host was charged with possession of such an instrument. The host was also charged with running a house of prostitution because he asked for donations at the door. For the SM-Leather-Fetish communities, this is a serious issue as public spaces for conducting educational seminars about alternative forms sexual expression and for holding parties become more difficult and expensive to obtain. Even the privacy of our own homes may not offer protection, given the actions of the Attleboro police and U.S. Supreme Court decisions such as Bowers v. Hardwick.
What about the American Civil Liberties Union (ACLU), the Gay and Lesbian Advocates and Defenders (GLAD), Lambda Legal Defense Fund, and other advocacy organizations? The ACLU-Mass. has recognized the importance of this case as a civil liberties and sexual privacy issue. While declining to represent the defendants in the criminal case, they are interested in the potential civil case. Gay rights organizations such as GLAD and Lambda have made supportive comments in the media. As of yet, it is unclear what role, if any, they will take in the case. Other advocacy organizations may also be asked to join the national defense campaign.
What is the role of the National Coalition for Sexual Freedom (NCSF)? Several members of Boston's SM-Leather-Fetish communities contacted NCSF immediately after the raid. NCSF offered to assist any and all individuals involved in the raid. NCSF is a political advocacy organization that provides technical advice and assistance to individuals and organizations seeking to protect and advance freedom of sexual expression. It is not a legal defense fund and cannot provide legal counsel or pay attorneys' fees, although NCSF can provide technical, research, and public relations assistance. NCSF's focus is the SM-Leather-Fetish communities. NCSF will act only as those directly involved permit; we will not publicize the incident without their permission and we do not seek to make "poster children" out of any victim.
At the request of Ben Davis, Mindy Chateauvert, an NCSF staff member, is participating in the organization of a local legal defense committee. NCSF has been collecting statements from guests who attended the party in order to facilitate the defense. In addition, NCSF is willing to use its resources to publicize appeals for donations, to disseminate information nationally. Susan Wright, the National Policy Director of NCSF, volunteered to act as a media contact, and has provided information about the general issues faced by the SM-Leather-Fetish communities.
What can I tell people about the Attleboro Raid? At the request of Ben Davis, the main defendant, people were asked to not talk about the specifics of the Attleboro raid to the press or to the police. Those involved never intended this to be interpreted as a "gag order." This arose out of concern that reporters had signed into Boston-area SM-Leather-Fetish chat rooms on AOL in order to gain information from "unnamed sources." People are welcome to talk to the press about the alternative sexual community in general. We strongly
encourage people to write letters to the editor, to columnists, and to reporters commenting on their unbiased or biased coverage of the community. For tips on how to write a letter to the editor, and tips on how to talk to the media, go to http://www.ncsfreedom.org/NCSFmedia/letter.html or download GLAAD's (The Gay and Lesbian Alliance Against Defamation) media essentials training manual at http://www.glaad.org/org/projects/trainings/index.html
Where can I get more information? For more information about the Attleboro Raid and the legal defense committee, go to: http://www.nla-newengland.org/attleboro.html
If you are with the press and would like to interview someone about the Boston area SM-Leather-Fetish communities, contact Stephen at substephen@aol.com. General questions can be directed to the National Policy Director, National Coalition for Sexual Freedom at NCSFreedom@aol.com or 917-848-6544 or go to the NCSF website at www.ncsfreedom.org