SF Police Codes and public BDSM

Could you direct me to a resource that spells out what is and is not permitted in San Francisco regarding public bondage--e.g., what sort of restraints can legally be used on a sub in public outside of bdsm clubs?

Thanks for the question. We asked folks on the team and here's what we came up with.

There are no specific laws dealing with BDSM in public. There are laws about public sex (illegal). But there's nothing illegal about walking around a sub on a dog chain. Even if the sub is naked.

In CA, nudity is not illegal as long as it's not for the purpose of others sexual arousal. Many people go nekkid and call it a right of free speech.

When there is an arrest for nudity or something like a display of BDSM, it's generally under "public nuisance," or "disorderly conduct" or "lewd behavior," all of which which have great latitude.

Any type of impact play is illegal by definition - you cannot consent to being hit under the law. It's rarely prosecuted when there are consenting adults. If neither of the participants in the scene want to press charges, the DA can always take the initiative, but it's seldom done except when there is a suspicion of domestic abuse.

This goes back to the conversation Ask Janus had with Len Broberg from the SFPD (see an earlier post on the AskJanus blog) - the cops make a determination based on their experience and the facts at hand. If they feel there is "something wrong," they arrest and let the DA's office sort it out.

But your question brings up other questions:

1) Are all parties witnessing this action consenting to watching a public scene? Consensual BDSM can include spectators.

2) If a police officer walks up to you, can both you and your bottom accurately and completely explain the situation?

3) Do you really want to invite the police into one of your scenes?

There is a good book that has a section which deals with BDSM and the law - it's called "Sex Disasters and How to Survive Them" by Charles Moser and Janet Hardy (local authors). It's worth picking up on Amazon or at some local bookstore.

Finally, one thought: If you decide to do something in public and are interrupted by the police, there is little upside in trying to "top" a police officer. Reasonable conversation, politeness and compromise go a long way. The areas of the law - disorderly conduct, public nuisance, lewd behavior - that allow the police to arrest are judgement calls. If your behavior is truly inappropriate for the venue (i.e. Folsom Street better suited than Stonestown Mall) you might expect a quicker reaction.

With all that said, here is a link to the entire police code (it says the simplified version): http://search.municode.com/html/14140/index.html

You might look around and put yourself into a non-kinky persons shoes to see how you would interpret a public scene.

Thanks again for the question.

Ask Janus