BDSM MEDIA NEWS!!!!
July 26, 2015
Apple Valley man alleges discrimination over male bondage role-play.
Town claims activities constitute an unlawful business
Source: Vvdailypress.com. - Vvdailypress.com - USA
USA - APPLE VALLEY - A gay resident who hosts adult role-play scenarios in his home says the town has banned him from a business activity he denies conducting, and he believes the town is discriminating against him on the basis of his sexual orientation.
A judge approved a temporary restraining order sought by the Town of Apple Valley in May, then issued a preliminary injunction in June. Town officials say in court documents that Mark Gudmundsen is conducting business without a license and the business, a "bondage fantasy," is a public nuisance.
Town Attorney John Brown told the Daily Press that the Code Enforcement action against the role-play was "based on the character of the activity, not the person conducting the activity."
Gudmundsen says the occasional, nonsexual role-play involves a small group of friends and features "incarceration" and the use of restraints in a jail or mental institution setting. He said the activity is for fun, but a post his website, www.meninchains.com, seemed to suggest that $450 is required for participation (that post has since been removed). Gudmundsen says that was a suggested donation amount to help defray costs of transportation, meals and equipment used inside his residence on Dakota Road.
"Where's the nuisance?" Gudmundsen said in an interview with the Daily Press.
The Code Enforcement case was triggered by reports from "one or more people in the neighborhood who believed there were incarcerated prisoners in orange jumpsuits (who) appeared to be working on a project in a residential area," Brown said.
Gudmundsen said he joined a friend at the home's filled-in pool to briefly portray inmates at work.
Three attorneys, led by Ann Lakhman of Lakhman & Kasamatsu LLP, say the action is "exclusionary" and abridges their client's Constitutional rights to free speech and association. They also say Apple Valley failed to follow its own procedures by acting on an anonymous tip and by not issuing a warning to Gudmundsen before going to court.
Gudmundsen said he believes the action is discriminatory, coming after he he revealed his sexual orientation when he was asked to explain the purpose of an addition to his home with extra bathroom stalls. Brown dismissed the notion that the action had anything to do with Gudmundsen's sexuality.
An offer was made to settle the matter, according to Gudmundsen: Agree to a permanent injunction and pay town attorney costs.
"I'm willing to say I'm not going to run a business here but I'm not willing to pay $20,000 to not run a business," he said, specifying the alleged settlement amount.
He added that he's afraid to paint at his home because his art activity might be viewed as a business. Gudmundsen is known for paintings of national parks and said he once operated two art galleries.
Any residential activity that leads to $500 or more in annual sales qualifies as a business and requires a business license and a home certificate of occupancy, Brown said.
"I like to make things sound big and maybe that's what got me into trouble," Gudmundsen said.
The case is scheduled to be heard on Nov. 6 in San Bernardino County Superior Court in San Bernardino.
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