Hold your group sex parties, but don’t call them a club, Calgary judge rules

Group sex parties can still be hosted at a Calgary home, but the organizer can’t use the club’s branding for the events, a judge has ruled.

Matthew Mills began hosting “ethical, non-monogamy” sex parties at his home in the northwest community of Silver Springs in 2010 under the name Club Ménage.

The fortnightly soirées attracted 20 to 50 people on any given night and were advertised online. Club memberships were purchased and event tickets were sold for $30 to cover associated hospitality costs.

But in 2015, neighbors complained to the city, which ultimately led to Mills receiving a “stop order” in 2019 from the planning and development department.

‘The bedrooms of the nation’

The city discovered that the Ménage Club was a social organization that operated on Mills’ property without the approval of the development authority, in violation of the municipal Land Use Bylaw.

The Land Use Ordinance prohibits social organizations from establishing themselves in residential housing.

Believing it to be the goal of a “moralistic and disproportionate application,” Mills questioned the constitutionality of the statute.

Mills’ attorney, Brendan Miller, argued that the city’s order violated his client’s rights to freedom of conscience, peaceful assembly and association.

“Essentially, (Mills) asserts that land use planning has no place in the nation’s bedrooms,” wrote King’s Bench Judge Nick Devlin, who issued a 29-page ruling last week.

Group sex, partner swapping.

The court heard that “ethical non-monogamy” is a “central aspect of (Mills’) lifestyle”, which he describes as “a philosophy towards sexuality that does not recognize the traditional sexual boundaries of marriage or gender”.

For Mills, “the practice of ethical non-monogamy can involve group sex and the exchange of sexual partners in a consensual activity.”

Devlin ruled that the statute did not infringe Mills’ rights. The judge considered that the city has the right to limit the use of residential housing by social organizations.

“Nothing in the (statute) directly affects the applicant’s ability to host private parties or allow his guests to engage in ethically non-monogamous activities,” Devlin wrote.

“Rather, it prohibits you from using a single-family home in a residential neighborhood as a clubhouse.”

Mills is “satisfied” with the ruling

Devlin also discovered that Mills’ lifestyle choices were not being targeted by the restrictions.

“What is restricted is the genesis and context of the meetings, and not their size or the nature of their agenda of activities,” the ruling reads.

Devlin went on to say that Calgarians are free to use their homes “for the private celebration of social gatherings, even when these are gatherings of people who share common sexual philosophies, interests, and activities.”

“Personal sexual expression, in all its glorious forms, is a fundamental aspect of human life, experience, and fulfillment.”

Mills’ attorney issued a brief statement reacting to the decision, saying his client will continue to host parties but comply with Devlin’s decision.

“My client is happy that he can continue hosting parties at his home and that the law here has been clarified,” Miller said.