Sex parties are OK, but home-based sex club not, judge rules

CALGARY — A Calgary man is free to have group sex parties in his home but not under the guise of an organized social club, a judge has ruled.

In a decision released Wednesday, Justice Nick Devlin said the City of Calgary's bylaw prohibiting using residential homes for a social organization does not violate Matthew Mills's Charter rights.

Mills filed a constitutional challenge to the bylaw after he was given notice on March 14, 2019, that his Club Menage violated the section of the bylaw prohibiting social organization events.

Devlin noted Mills engages in “ethical non-monogamy as a core aspect of his lifestyle. He describes ethical non-monogamy as a philosophy towards sexuality that does not recognize traditional sexual confines of marriage or gender.”

Mills operated group sex parties under Club Menage and participants had to purchase a membership to take part. He also sold tickets to the orgies for about $30 to cover the cost of preparing his residence and providing snacks and refreshments to guests.

Mills's lawyer, Brendan Miller, argued the bylaw infringed on his client's rights to freedom of conscience, freedom of peaceful assembly and freedom of association.

“Mr. Mills says that what he does under the rubric of Club Menage is substantively no different than the social hosting of friends which every homeowner is free to engage in, save and except for the sexual activity that may take place within the private and unseen confines of his home, between consenting adult guests,” Devlin noted.

“Essentially, he asserts that land use planning has no place in the bedrooms of the nation.”

The Court of King's Bench judge said the bylaw prohibiting social organizations in private residences targets formalized structures “dedicated to a thematically unified activity, done with regularity, at a fixed or dedicated location, in a non-gratuitous financial structure.”

“The city is entitled to limit the use of residential properties by social organizations,” Devlin concluded.

“This limit does not touch upon or preclude the use of one's home for the private hosting of social gatherings, including when these involve gatherings of individuals who share common sexual philosophies, interests and activities.”

Devlin said the regulation simply limits club-based gatherings in residential homes and does not target Mills's lifestyle choices.

“Personal sexual expression, in all its many splendored forms, is a fundamental aspect of human life, experience and fulfilment. Legislative or other state restrictions targeting legal, consensual, private sexual activity will attract close Charter scrutiny, in particular where they manifest religious moralism as their animated purpose,” he wrote.

“This, however, does not elevate the practice of ethical non-monogamy to a protected matter of freedom of conscience.”