LAS VEGAS (CN) – Clark County’s laws regulating sex clubs in the Las Vegas Valley are unconstitutionally vague and broad, a man claims in Federal Court.
Michael Powers, who describes himself as the “managing member” of The Power Exchange sex club, says his due process rights were violated when he was unfairly targeted for citation by the county.
At issue is a zoning code that defines “sex club” as “including but not limited to any club … for swingers, adult encounters, adult social sexual encounters, partner-swapping, wife-swapping or similar alternative lifrestyles.” The code describes a sex club as a “public nuisance per se.”
The code, “being purely definitional, contains no mention of any zoning restrictions, or violations or punishments for violations,” the lawsuit states.
Powers says he was working as an independent contractor at a tanning salon inside the club when he was cited. The salon, called Buns in the Sun, is owned by Joyce Judge and not him, according to the lawsuit.
Powers, who lives in California, says he’s the managing member of Power Exchange, and that he did not do business in Nevada. Instead, he says he simply allowed Buns in the Sun to use the Power Exchange name.
He says he is being unfairly charged “in his sole capacity as an independent contractor with no ownership interest or management control in the business.”
Powers wants an injunction barring county officials from prosecuting him or others for violating the sex club code, and a declaration that it is unconstitutional.
The lawsuit was filed by Allen Lichtenstein.