The Arizona Court of Appeals upheld a Phoenix ordinance that bans live sex in swinger clubs and the misdemeanor convictions of four club owners. The members-only enterprises, which provide private and public rooms for sexual interaction, were raided in 1999 and 2002 by Phoenix police based on the city ordinance. The owners were found guilty in Phoenix Municipal Court for operating live sex act establishments. The three-judge appellate panel rejected claims that the law is unconstitutionally vague and violates freedom of expression protected by the First Amendment. City officials contend the ordinances protect public decency and prevent the spread of STDs. Nicholas Hentoff, an attorney for the club owners, said the businesses remain open under new guidelines. They are now operating as "lifestyle clubs" where members practice "polyamorous behavior."
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