Have your group sex parties but don't call it a club, Calgary judge rules

Group sex parties can con‐ tinue to be hosted in a Cal‐ gary home but the orga‐ nizer is not allowed to use club branding for the even‐ ts, a judge has ruled.

Matthew Mills began hosting "ethical nonmonogamy" sex parties at his house in the northwest community of Silver Springs in 2010 under the name Club Ménage.

The bi-weekly soirées at‐ tracted 20 to 50 people on a given night and were adver‐ tised online. Club member‐ ships were purchased, and tickets to the events were sold for $30 to cover the as‐ sociated hospitality costs.

But in 2015, neighbours complained to the city, which ultimately led to Mills being served with a "stop order" in 2019 by the planning and de‐ velopment department.

'The bedrooms of the nation'

The city found that Club Mé‐ nage was a social organiza‐ tion operating on Mills's property without develop‐ ment authority approval, in breach of municipal Land Use Bylaw.

The Land Use Bylaw pro‐ hibits social organizations from setting up shop in resi‐ dential homes.

Believing he was the target of "moralistic and dis‐ proportionate enforcement," Mills challenged the constitu‐ tionality of the bylaw.

Mills's lawyer Brendan Miller argued his client's rights to freedom of con‐ science, peaceful assembly and association were violated by the city's order.

"Essentially, [Mills] asserts that land use planning has no place in the bedrooms of the nation," wrote Court of King's Bench Justice Nick De‐ vlin, who issued a 29-page ruling last week.

Group sex, swapping partners

Court heard that "ethical non-monogamy" is a "core aspect of [Mills's] lifestyle," which he describes as "a philosophy toward sexuality that does not recognize tradi‐ tional sexual confines of mar‐ riage or gender."

For Mills, "the practice of ethical non-monogamy can involve group sex and the swapping of sexual partners in consensual activity."

Devlin ruled the bylaw did not infringe on Mills's rights. The judge found the city is entitled to limit the use of residential homes by social organizations.

"Nothing in the [bylaw] touches directly upon the ap‐ plicant's ability to host pri‐ vate parties or allow his guests to engage in ethically non-monogamous activities," wrote Devlin.

"Rather, it prohibits him from using a single-family home in a residential neigh‐ bourhood as a clubhouse."

Mills 'pleased' with ruling

Devlin also found that Mills's lifestyle choices were not being targeted by the restric‐ tions.

"It is the genesis and con‐ text of the gatherings, and not their size or the nature of their agenda of activities, that is restricted," reads the judgment.

Devlin went on to say Cal‐ garians are free to use their homes "for the private hosting of social gatherings, including when these involve gatherings of individuals who share common sexual philosophies, interests and activities."

"Personal sexual expres‐ sion, in all its many-splen‐ doured forms, is a funda‐ mental aspect of human life, experience and fulfilment."

Mills's lawyer issued a brief statement in reaction to the decision, saying his client will continue to host parties but in compliance with De‐ vlin's decision.

"My client is pleased that he can continue to have par‐ ties at his house and that the law here has been clarified," said Miller.