A private members-only social club called the Wicked Fun Club, continues to battle a cease and desist notice from the town of Plymouth, CT, over its right to stay open. The club is appealing an order to shut down immediately.
“We are proud to announce that the National Coalition for Sexual Freedom has joined us in support. We’ve received encouragement from taxpayers, attorneys, and civil rights advocates nationwide. This is about more than zoning—it’s about First Amendment rights and standing against selective enforcement,” the owner said in a statement.
The Wicked Fun Club is a private, heavily-vetted membership club that doesn’t serve liquor or food, and employs no entertainers. It exists for a lawful, social purpose for like-minded individuals to socialize, explore, and learn in a respectful and dignified environment. There have been no uses of City resources, crime, or effect on property values or the neighborhood. This club is only open two (2) days each week, and only after regular business hours to avoid disturbing anyone.
The club tried to be reasonable and negotiate the cease and desist order. They tried to invoke the law. However, the City seems determined to legislate morality against constitutionally-protected private practices. Plymouth has specific adult use regulations for book stores and theaters, and is claiming the Wicked Fun Club is a type of adult entertainment cabaret despite the fact that no liquor or live entertainment is provided by the private club.
“Misapplying the Sexually Oriented Business laws is an affront to the Constitution, to the law, and to the privacy that each of us should enjoy in private, safe settings,” says Tess Zachary, Chairperson for the NCSF.
The lone opposition to this club, which has no signage or advertising, is from an adjacent church, which instigated a criminal investigation based purely on conjecture. The Plymouth Police found no evidence of criminal activity. This sort of baseless criminal accusation is what led us to the decision in Lawrence v. Texas (2003), because John Lawrence and Tyrone Garner had also not done anything wrong.
“Don’t let this become the next fight over our right to gather and associate as we please,” says Susan Wright, Executive Director of NCSF. “This issue affects all of us.”
While the Zoning Board does not have their own email or way to correspond, we can still help. Please call the Town Clerk and express your displeasure with their decision to shut down this club. Below are some talking points that you can use. After you call, please use the form below to let us know. If you like, you can also tell us what you said and we will include your statement in our statements to the Zoning board.
Hurry, the Zoning Hearing is Tuesday, April 29th at 6pm EST. Let’s let them know this will not go unchecked.
CALL THE TOWN CLERK TODAY: 860-585-4000
- Begin by stating your name.
- Make a clear declaration like:
- I am calling to express my displeasure at the Zoning boards persecution of Wicked Fun Club in Plymouth.
- I am calling to voice my objection to the Zoning Board attempting to shut down the Wicked Fun Club in Plymouth.
- I am calling to object to the Wicked Fun Club being shut down.
- I am calling to register my objection to the Wicked Fun Club being harassed by the city for lawful activity.
- You can take one or more of the points below and either read it outright or paraphrase into your own words: (If you are a public health official, or an expert in another field, please reach out to Tess@NCSFreedom.org and we will help you with your own talking points to discuss from your expertise.
Point 1: Constitutional Right to Gather in Private
Our rights are grounded in the constitutional protection of freedom of association. It is unconstitutional to prohibit a private membership club just because you object based on moral grounds to the members’ personal choices.
This right was confirmed by Lawrence v. Texas, in that deference must be made to private choices when they are not directly affecting anyone else.
It’s important to not restrict business and discriminate against people because of their sex, gender, and other constitutionally protected class status.
It’s important to not enact more government regulation against people because of who they associate with, and the content of their speech–in other words, the expression in private of their beliefs.
Many people need safe and private spaces to gather without public or government intrusion so they can meet with their peers and get support from like-minded individuals.
Point 2: In Support of Private Membership Clubs
Wicked Fun Club and similar clubs are private and members-only, where like-minded adults can meet in a safe place and learn more about consent and healthy relationships.
Many towns in the U.S. have private membership clubs like Wicked Fun Club, and they maintain good relations with the local police with no issues arising from their operation in the neighborhood.
There are zero statistics where private clubs have BROUGHT crime to an area.
Wicked Fun Club has rules that all members must adhere to, and behavioral standards that are enforced, including that all activity is clearly consensual, and the law is followed. This important education provides benefits for local citizens both at the club and beyond in their personal relationships.
The opposition comes from a single church, which is closed while the private club is open.
Point 3: Not a Sexually Oriented Business
Wicked Fun Club is not a sexually oriented business because all of the social activities are participated in by the members themselves. The club does not employ staff or hire contractors to provide entertainment or performances.
Point 4: Moral objections don’t make for constitutional law
Personal opinions are not a valid legal reason to limit the ability of adults in Plymouth to gather in private. Singling people out for their beliefs is a slippery slope, and there are many people interested in accessing these legal social and educational options.
In a time where we are all concerned about government being in people’s lives–I mean there are people who want to tax churches now–Plymouth doesn’t need to conflate a not-for-profit membership club with a sexually oriented business.
Just because it’s not your cup of tea doesn’t mean you stop other people from making their own legal, private choices.
Essential Tips: Be polite. Do not swear or harass. These town officials need to see that we are regular people who object to the discrimination of a private social club engaging in lawful activities.