This really isn't very productive because having debates on the law isn't very fun when people don't know the law... As I mentioned, I am an attorney. I went to a top law school and have worked both at a top law firm and for the state (for a judge). Not talking shit doesn't mean I can't boast of my success or the success of my parties.
First, even if I solicit tickets, so what? As per my previous post, unless those tickets were being sold with the intent of promising sex to a person, it is not prostitution. Your definition of prostitution doesn't matter, what matters is the definition as it appears in the NY Penal Code:
A person is guilty of prostitution when such person engages or agrees or offers to engage in sexual conduct with another person in return for a fee.
Selling tickets to swing parties is legal throughout the United States. There are literally hundreds of swinger clubs and parties in the United States. The fact that tickets are sold to an event where sexual activity takes place does not make it prostitution.
There are currently 4 stationary swinger clubs in NYC and around a dozen roaming parties. The New York State Sanitary Code (Section 24-2.2) prohibits commercial establishments where sex occurs: “No establishment shall make facilities available for the purpose of sexual activities where anal intercourse, vaginal intercourse or fellatio take place. Such facilities shall constitute a threat to the public health.” That affects ONLY stationary swinger clubs (e.g. "establishments"). Roaming swing parties are not affected by the Sanitary Code so long as they are private since health inspectors would not be able to attend these events.
The Sanitary Code is NOT a law. It is arule has been employed by Department of Health and Mental Hygiene for many years to regulate and close bathhouses and other commercial establishments in which sexual activity takes place. Inspectors working for DOHMH visit commercial establishments in which they have heard sexual activity is occurring. If they witness sexual activity, the establishment receives a warning letter and further inspections, and if further inspections identify continued public sexual activity, the establishment is closed. Enforcement actions have been used for bathhouses, sex clubs, gay bars, and adult bookstores in which sexual activity takes place. In the past several years few establishments have met these criteria for closure.
How do clubs like Trapeze continue to exist in NYC in light of the Health Code? My guess is (1) they are either paying off the right people, (2) are frequented by influential people who make sure that it will continue to exist, and/or (3) due to the fact that getting naked is required before being allowed access into those areas of the club where sexual activity is permitted (not every club is like that).
There is actually a very rampant prostitution problem in many of the NYC clubs. Women solicit on Craig's List to find guys that will pay them to attend couples-only clubs like Trapeze and the management looks the other way. Unfortunately, those Johns also try to treat the other women there as if they are prostitutes (e.g. they touch whomever they please and expect every woman will hook up with them). No one likes that, especially not the "real" women who go there for fun. I never allow prostitutes to attend my parties; in fact, the one LPSG guy I asked to leave the party had brought a girl who looked like a prostitute but was totally disinterested in doing anything, which is why she was asked to leave. When people do not come because they want to have fun (or at least, watch and remain respectful), they are not welcome. For that purpose, I also screen "couples" to make sure they are really in some kind of relationship. The one thing you can credit me with is creating a very safe, approachable environment where women rule.
Further, no men (or women) are ever "promised" to people who paid for access. The accusation is pretty ludicrous. I posted that I was upset that many of the people I invited did not show, and that I received more requests to chat and exchange pictures than anything else. And out of those who tried to converse me with, most had pretty sad pickup lines.
I do like the idea that my getting in on action is "profit." You're right, if there was nothing in it for me, I wouldn't throw these parties. As I mentioned, I've even fucked Lex Steele -- who likes to come out to swing parties. There really isn't a price that can be associated with that kind of fun. But wait, since Lex Steele gives money to girls for shooting a porn scene (he's a producer/director and owner of Mercenary Pictures, after all) -- isn't that prostitution? Oh no! Maybe you guys can send him angry emails in between watching his videos on all the porn tubes.
LOL, people seriously just need to go out and have some responsible, safe fun instead of debating legal points with someone who wrote a brief on the subject 