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You are here . . . home | swingers swinging | swinging lifestyle | Swinging Affairs News | Wheelchair User Loses Claim Against Swing Club

Wheelchair User Loses Claim Against Swing Club

Judge refuses wheelchair-user's claim against swingers

A wheelchair-user has lost her case against an Australian sex club she claimed banned her from swingers' parties.

Kathleen Ball who has muscular dystrophy claimed unlawful discrimination after being asked to leave the party in Mulgrave, Victoria.

But a federal magistrate ruled the venue was effectively an illegal brothel.

He said even if she had not realised the activities at Club Jacaranda were illegal, they were sufficiently anti-social to justify the court's refusal of her claim.

The Age reports Murray McInnis said the activities would affront the public conscience. He said "even in the modern age (they) would be regarded as against good morals" and therefore discrimination laws should not apply.

An earlier tribunal heard patrons paid to attend parties at the house, where between 20 and 40 people regularly gathered.

There was no pressure or promise of sex. Condoms were offered on a "help-yourself" basis, partygoers bathed naked in an outdoor spa and two rooms each contained a double bed and a mattress on the floor.

Mr McInnis said Ms Ball, who's 36, was asked to leave the party because of her aggressive and unpleasant behaviour, not because of her disability. "Aggressive and unpleasant persons with a disability should expect to be just as unwelcome as persons without a disability who behave in the same manner," he said.

The paper reports that outside court, Ms Ball claimed a public victory, saying she had received massive public support. She said the case was not about swinging, but the rights of those with disabilities to express their sexuality.

She is six months' pregnant with her second child.

Taken in part from ananova.com

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